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2019-2020
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
RECYCLING AND WASTE REDUCTION (CONSEQUENTIAL AND
TRANSITIONAL PROVISIONS) BILL 2020
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for the Environment, the Hon. Sussan Ley MP)
RECYCLING AND WASTE REDUCTION (CONSEQUENTIAL AND
TRANSITIONAL PROVISIONS) BILL 2020
GENERAL OUTLINE
The Recycling and Waste Reduction (Consequential and Transitional Provisions) Bill 2020 (the
Consequential and Transitional Provisions Bill) will make consequential amendments and
provide for transitional provisions to support the commencement of the Recycling and Waste
Reduction Bill 2020 (the Recycling and Waste Reduction Bill) and subordinate legislation.
This will ensure that product stewardship continues to operate uninterrupted under the
Recycling and Waste Reduction Bill.
The Recycling and Waste Reduction Bill will establish a national legislative framework to
reduce the environmental and human health impacts of products, waste from products and
waste material. The Recycling and Waste Reduction Bill will incorporate the framework of the
Product Stewardship Act 2011, including provisions for voluntary, co-regulatory and
mandatory product stewardship schemes. These schemes are to be established through the
making of rules.
The Consequential and Transitional Provisions Bill will repeal the Product Stewardship Act
2011 as Chapter 3 of the Recycling and Waste Reduction Bill is intended to replace it. The
Consequential and Transitional Provisions Bill will also set out transitional arrangements to
ensure continuity and that affected stakeholders experience minimal impacts due to the repeal
of the Act and commencement of the Recycling and Waste Reduction Bill. Subordinate
legislation made under the Product Stewardship Act 2011 will cease to have effect after the
repeal of that Act, unless provided for by the Consequential and Transitional Provisions Bill.
The transition from the Product Stewardship Act 2011 to the Recycling and Waste Reduction
Bill needs to be seamless. This is to ensure continuity in management of arrangements which
minimise the impacts of products on environmental and human health, including the
administration of the National Television and Computer Recycling Scheme and existing
accredited voluntary arrangements.
FINANCIAL IMPACT STATEMENT
The Consequential and Transitional Provisions Bill will have no financial impact on the
Australian Government Budget.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
The Bills are compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary
Scrutiny) Act 2011.
The full statement of compatibility with human rights is attached to this explanatory
memorandum.
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NOTES ON CLAUSES
Clause 1 Short title
Clause 1 will provide that the Recycling and Waste Reduction (Consequential and Transitional
Provisions) Bill 2020 may be cited as the Recycling and Waste Reduction (Consequential and
Transitional Provisions) Act 2020.
Clause 2 Commencement
The table at clause 2 will provide for the commencement of the Consequential and Transitional
Provisions Bill.
Item 1 of the table will provide that clauses 1 to 3, and anything else not covered in the table,
commence on the day the Consequential and Transitional Provisions Bill receives the Royal
Assent.
Item 2 of the table will provide that Schedules 1, 2 and 3 commence at the same time as
Chapter 3 of the Recycling and Waste Reduction Bill 2020 (Recycling and Waste Reduction
Bill). However, Schedules 1, 2 and 3 will not commence at all if Chapter 3 does not commence.
This is because Schedules 1, 2 and 3 relate to the product stewardship component of the
Recycling and Waste Reduction Bill.
Item 3 of the table will provide that Schedule 4 commences the later of: the commencement of
Chapter 4 of the Recycling and Waste Reduction Bill, and the commencement of the Federal
Circuit and Family Court of Australia Act 2020. However, Schedule 4 will not commence at all
unless both of these events occur as this Schedule is contingent and will make amendments
consequential to the commencement of the latter Bill.
Clause 3 Schedules
This clause will provide that the legislation that is specified to be amended or repealed as set
out in the Schedules has effect according to the terms of the relevant Schedule.
SCHEDULE 1--REPEALS
Product Stewardship Act 2011
Item 1 The whole of the Act
Item 1 will repeal the whole of the Product Stewardship Act 2011.
Chapter 3 of the Recycling and Waste Reduction Bill is intended to replace the Product
Stewardship Act 2011 by establishing an updated framework for voluntary, co-regulatory and
mandatory product stewardship. This will enable Australia to more effectively manage the
environmental, human health and safety impacts of products and materials by providing the
basis for those who design, manufacture and distribute products to take greater responsibility
for their impacts on the environment. In addition, the provisions in Chapter 4 of the Recycling
and Waste Reduction Bill (including compliance and enforcement, and audit-related
provisions) are also intended to apply to product stewardship matters as appropriate.
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SCHEDULE 2--APPLICATION, SAVING AND TRANSITIONAL PROVISIONS
RELATING TO PRODUCT STEWARDSHIP
Part 1--Introduction
Item 1 Definitions
Item 1 will define key terms used in the Consequential and Transitional Provisions Bill. Two
key terms are new Act (meaning the Recycling and Waste Reduction Bill) and old Act (meaning
the Product Stewardship Act 2011 as in force immediately before its repeal).
This item will also clarify that expressions used in this Schedule that are defined for the
purposes of the new Act, and used in relation to that Act, will have the same meaning as in that
Act.
Similarly, expressions used in this Schedule that are defined for the purposes of the old Act,
and used in relation to that Act, will have the same meaning as in that Act.
Item 2 Section 7 of the Acts Interpretation Act 1901
Item 2 will provide that this Schedule does not limit the effect of section 7 of the Acts
Interpretation Act 1901 as it applies in relation to the repeals made by this Act. This will clarify
that this Schedule is not intended to (for example) affect any rights, privileges, obligation or
liabilities acquired, accrued or incurred under the Product Stewardship Act 2011, or any
investigation, legal proceeding or remedy in respect of any such right, privilege, obligation or
liability.
Part 2--Accredited voluntary arrangements
Item 3 Continuation of accredited voluntary agreements
This item will provide that an accredited voluntary arrangement in relation to a product under
the Product Stewardship Act 2011 immediately before its repeal has effect as if it had been
accredited under the Recycling and Waste Reduction Bill. Furthermore, this item will provide
that its accreditation were subject to the same conditions to which it was subject under the
Product Stewardship Act 2011.
It will also have the effect that any reference in the accredited voluntary arrangement to the
Product Stewardship Act 2011, any provision of that Act, or any legislative instrument made
under that Act will be treated as a reference to the Recycling and Waste Reduction Bill, a
substantially corresponding provision of the Recycling and Waste Reduction Bill, or a
substantially corresponding legislative instrument made under the Recycling and Waste
Reduction Bill.
The intention is to provide continuity for accredited voluntary arrangements. It will ensure that
accredited voluntary arrangements may continue their operations and do not have to re-apply
for accreditation when the Recycling and Waste Reduction Bill commences. Existing
conditions, as well as requirements such as the accreditation expiry date and annual reporting
requirements, will continue to apply to accredited voluntary arrangements and their
administrators.
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Item 4 Applications for accreditation of voluntary arrangements made but not
finally dealt with before the repeal of old Act
This item will have the effect that an application for accreditation of a voluntary arrangement
that was made under the Product Stewardship Act 2011, but has not been finally dealt with
before the repeal of that Act, has effect (and may be dealt with) under the Recycling and Waste
Reduction Bill and its rules. This has the effect as if the application had been made under the
Recycling and Waste Reduction Bill.
The intention of this provision is to cover applications that were made under the Product
Stewardship Act 2011, but for which a decision has not been made whether to accredit the
voluntary arrangement before that Act was repealed. Such applications will not need to be
remade and would instead be processed, and a decision made whether to accredit the
arrangement, under the Recycling and Waste Reduction Bill.
This will also allow the Minister to use other relevant provisions of the Recycling and Waste
Reduction Bill in respect of such applications, including to request further information.
Part 3--Co-regulatory arrangements
Item 5 Notices requiring liable parties to be members of approved co-regulatory
arrangements
This item will have the effect that if the Minister had given a notice to a person under
subsection 18(2) of the Product Stewardship Act 2011 (requiring a person to become a member
of an approved co-regulatory arrangement before a specified day) that notice is taken to have
been given under subclause 76(4) of the Recycling and Waste Reduction Bill. This will ensure
that the date specified in the notice, and thereby the date the person is required to become a
member of an approved co-regulatory arrangement, remains unchanged (subject to the
exception explained below).
However, if the notice specified a day before clause 76 of the Recycling and Waste Reduction
Bill commences, the notice has effect as if it specified the day immediately before clause 76
commences. The purpose of this is to ensure that the subclause 76(11) would not
retrospectively apply to continuing contraventions occurring under the Product Stewardship
Act 2011. Section 7 of the Acts Interpretation Act 1901 will apply to any continuing
contraventions that occur under the Product Stewardship Act 2011 (prior to its repeal) so as to
ensure that such contraventions would continue to be dealt with under the provisions of that
Act, as an accrued liability.
This item will also clarify where the Minister has not, prior to the repeal of the Product
Stewardship Act 2011, made a decision on an application to vary or revoke a notice given under
subsection 18(2), the application to vary or revoke the notice has effect as if it had been made
under subclauses 76(6) and 76(7) of the Recycling and Waste Reduction Bill. This is to ensure
that such applications do not need to be remade and can instead be processed, and a decision
made whether to vary or revoke the notice, under the Recycling and Waste Reduction Bill.
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Item 6 Continuation of approved co-regulatory arrangements
This item will provide that an approved co-regulatory arrangement in relation to a product
under the Product Stewardship Act 2011 immediately before its repeal has effect as if it had
been approved under the Recycling and Waste Reduction Bill at the time it was approved under
the Product Stewardship Act 2011.
It will also have the effect that any reference in the approved co-regulatory arrangement to the
Product Stewardship Act 2011, any provision of that Act, or any legislative instrument made
under that Act will be treated as a reference to the Recycling and Waste Reduction Bill
(or a substantially corresponding provision of the Recycling and Waste Reduction Bill, or a
substantially corresponding legislative instrument made under the Recycling and Waste
Reduction Bill).
The intention is to provide continuity for approved co-regulatory arrangements. It will ensure
that approved co-regulatory arrangements may continue their operations and do not have to re-
apply for approval when the Recycling and Waste Reduction Bill commences. The date for
which time-based requirements (such as annual reporting and 5-yearly reviews) must be
satisfied, will not change.
Item 7 Applications for approval of co-regulatory arrangements made but not
finally dealt with before repeal of old Act
This item will have the effect that an application for approval of a co-regulatory arrangement
that was made under the Product Stewardship Act 2011, but has not been finally dealt with
before the repeal of that Act, has effect (and may be dealt with) under the Recycling and Waste
Reduction Bill as if the application had been made under the Recycling and Waste Reduction
Bill.
The intention of this provision is to cover applications that were made under the Product
Stewardship Act 2011, but for which a decision has not been made whether to approve the co-
regulatory arrangement before that Act was repealed. Such applications will not need to be
remade and would instead be processed, and a decision made whether to accredit the
arrangement, under the Recycling and Waste Reduction Bill.
This will also allow the Minister to use other relevant provisions of the Recycling and Waste
Reduction Bill in respect of such applications, including to request further information.
Item 8 Continuation of improvement notices
This item will apply to an improvement notice given to an administrator under section 29 of the
Product Stewardship Act 2011 if, immediately before the repeal of that Act, the period
specified in the notice (as affected by any variation) had not ended and the notice had not been
revoked.
The improvement notice will have effect as if it had been given under clause 88 of the
Recycling and Waste Reduction Bill. This will mean that the time period for the administrator
to comply with an improvement notice issued under the Product Stewardship Act 2011 will not
change.
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Item 9 Audits of approved co-regulatory arrangements
This item will apply if, under section 30 of the Product Stewardship Act 2011, the Minister had
required the administrator of an approved co-regulatory arrangement to carry out an audit of the
arrangement, and the audit report was not given to the Minister before the repeal of the Product
Stewardship Act 2011.
The effect of the provision is that the requirement to carry out an audit of the arrangement will
be taken to have been made under paragraph 109(1)(b) of the Recycling and Waste Reduction
Bill. If the administrator had appointed an auditor before the repeal of the Product Stewardship
Act 2011, the auditor is taken to be an approved auditor under clause 116 of the Recycling and
Waste Reduction Bill to conduct audits of approved co-regulatory arrangements. The intention
is to both ensure continuity of audits and to make it clear that the decision to audit the approved
co-regulatory arrangement does not need to be remade.
Item 10 Consents to appointment of replacement administrators of approved co-
regulatory arrangements
This item will apply if, before the repeal of the Product Stewardship Act 2011, the Minister
consented under section 33 to the appointment of a person to replace the administrator of an
approved co-regulatory arrangement and the appointment did not occur.
The effect of the provision is that the Minister's consent will be taken to be an approval of the
appointment of the person under clause 91 of the Recycling and Waste Reduction Bill. This
will prevent the need for the Minister to have to re-consent to the appointment of the new
administrator.
Item 11 Continued effect of the Product Stewardship (Televisions and Computers)
Regulations 2011 for 2020-21 financial year
Subitem 11(1) will provide that the Product Stewardship (Televisions and Computers)
Regulations 2011 (the NTCRS Regulations), as in force immediately before the repeal of the
Product Stewardship Act 2011, will continue to have effect in relation to the financial year
ending on 30 June 2021 as if they were rules made for the purposes of Part 4 of Chapter 3 of
the Recycling and Waste Reduction Bill.
The purpose of this item is to provide continuity for the National Television and Computer
Recycling Scheme (the NTCRS), which is regulated by the NTCRS Regulations. As the
NTCRS sets its outcomes, recycling targets and other requirements in respect of a financial
year, this item would ensure minimal disruption caused due to the repeal of the Product
Stewardship Act 2011 and commencement of the Recycling and Waste Reduction Bill prior to
the end of the 2020/2021 financial year.
Subitem 11(2) will provide a number of exceptions to the general rule that the NTCRS
Regulations will continue to have effect in relation to the 2020/2021 financial year. These
exceptions are:
Regulations 1.05 (constitutional connection) and 2.04 (administrator to be fit and proper
person) and Part 6 (transitional provisions) will not continue in effect after the repeal of
the Product Stewardship Act 2011; and
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The civil penalties in regulations 5.01, 5.02, 5.08, 5.13 and 5.15 will not continue in
effect after the repeal of the Product Stewardship Act 2011.
These matters will be provided for in the Recycling and Waste Reduction Bill. Removing them
from the NTCRS Regulations will avoid any repetition or confusion. The note following
subitem 11(2) will explain that failure to comply with regulations 5.01, 5.02, 5.08, 5.13 and
5.15 of the NTCRS Regulations could still be punishable as an offence or by civil penalty
because of clauses 83 and 142 of the Recycling and Waste Reduction Bill. This is despite these
regulations applying as if they did not set out civil penalties.
Subitem 11(2) will also have the effect that references in the NTCRS Regulations to particular
sections of the Product Stewardship Act 2011 will be treated as a reference to the
corresponding clause in the Recycling and Waste Reduction Bill. The relevant section
references and their corresponding clause in the Recycling and Waste Reduction Bill will be set
out in a table. This will ensure that requirements relating to liable parties to be members of the
co-regulatory arrangement, co-regulatory arrangement outcomes and conditions, and record-
keeping continue to apply to the NTCRS.
Subitem 11(3) will clarify that the annual report required by regulation 5.13 of the NCTRS
Regulations for the financial year ending on 30 June 2021 must be given to the Minister by 30
October 2021. This provision is intended to remove any doubt concerning when the annual
report for the 2020/2021 financial year is due. The note to this subitem will explain that
regulation 5.15 of the NCTRS Regulations require the audit report for that financial year to be
given at the same time as the annual report, i.e. by 30 October 2021 for the 2020-21 financial
year.
Subitem 11(4) will repeal the NTCRS Regulations, as they have effect under this item, at the
start of 31 October 2021. This is considered appropriate as all requirements relating to the
2020/2021 financial year will have concluded by this date.
Part 4--Minister's priority list
Item 12 Products listed under section 108A of the old Act
This item will have the effect that, for the purposes of subparagraphs 77(3)(c)(i) and 93(1)(d)(i)
of the Recycling and Waste Reduction Bill, a product included in the most recent list published
under section 108A of the Product Stewardship Act 2011 before its repeal, is taken to have
been included in a Minister's priority list when that most recent list was published.
This will ensure that the 12 month timeframe for which a product must be included on in a
Minister's priority list before it can be subject of co-regulatory or mandatory product
stewardship requirements is not restarted by the repeal of the Product Stewardship Act 2011
and the commencement of the Recycling and Waste Reduction Bill.
Subitem 12(2) will clarify that the first publication of the Minister's priority list prior to the end
of the first financial year following the commencement of the Recycling and Waste Reduction
Bill need not include recommendations for actions and timeframes in relation to products that
were previously included in the list under section 108A of the Product Stewardship Act 2011.
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The purpose of this provision is to allow the Minister time to consider the recommendations
and timeframes for previously listed products under the updated framework of the Recycling
and Waste Reduction Bill. This provision will not prevent the Minister from including
recommendations for actions and timeframes for previously listed products, it will only remove
the obligation to do so prior to the end of the first financial year following the commencement
of the Recycling and Waste Reduction Bill.
Part 5--Compliance and enforcement
Item 13 Inspectors continue as authorised officers
This item will have the effect that an officer or employee of the Commonwealth or a
Commonwealth authority who was an inspector under the Product Stewardship Act 2011
immediately before its repeal is taken to be an authorised officer under subclause 125(1) of the
Recycling and Waste Reduction Bill immediately after the repeal of the Product Stewardship
Act 2011. It will therefore not be necessary to authorise such persons to be authorised officers
under the Recycling and Waste Reduction Bill.
Item 14 Publicising offences, contraventions and decisions relation to the old Act
This item will provide that clause 122 of the Recycling and Waste Reduction Bill, which relates
to publicising offences, contraventions and decisions, applies as if it permitted the Minister to
publicise anything connected with the Product Stewardship Act 2011 that section 60 of that Act
permitted the Minister to publicise.
This is intended to ensure that the repeal of the Product Stewardship Act 2011 will not prevent
the Minister from publishing offences and other relevant decisions that occurred under that Act
prior to its repeal. The publication of such information is considered an important deterrent to
non-compliance.
Item 15 Review of reviewable decisions made under the old Act
Subitems 15(1) and (2) will have the combined effect that a reviewable decision under the
Product Stewardship Act 2011 is taken to be a reviewable decision under the Recycling and
Waste Reduction Bill, and the person who would have been entitled to seek merits review of
that decision under the Product Stewardship Act 2011 will instead be able to do so under Part 6
of Chapter 4 of the Recycling and Waste Reduction Bill. This is intended to ensure that merits
review rights will not be removed from a decision by the repeal of the Product Stewardship Act
2011 and the transferring of product stewardship regulation to the Recycling and Waste
Reduction Bill.
Subitem 15(3) will apply to an application for internal review of a decision that was made
under the Product Stewardship Act 2011, but for which no decision on the internal review was
made prior to the repeal of that Act. The effect of the provision is that the application for
internal review will be taken to have been made under the Recycling and Waste Reduction Bill.
This will ensure that internal review applications that were made prior to the repeal of the
Product Stewardship Act 2011 do not have to be remade, and can be processed, and a decision
made, under the Recycling and Waste Reduction Bill.
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Subitem 15(4) will apply to an internal review decision that was made by the Minister under
the Product Stewardship Act 2011. The effect of the provision is to treat such decisions as
having been made under the Recycling and Waste Reduction Bill. This will allow persons
affected by such decisions to use clause 154 of the Recycling and Waste Reduction Bill and
seek external merits review of the decision in the Administrative Appeals Tribunal after the
Product Stewardship Act 2011 is repealed.
Subitem 15(5) will clarify that this item would not apply to Part 6 of Chapter 4 of the Recycling
and Waste Reduction Bill so as to:
Extend the time within which an application may be made for review of a decision; or
Provide for internal review, under clause 153 of the Recycling and Waste Reduction
Bill, of a decision that has been the subject of an internal review decision made under
section 95 of the Product Stewardship Act 2011 or an application to the Administrative
Appeals Tribunal; or
Provide for an application to the Administrative Appeals Tribunal for review of a
decisions that has previously been the subject of such an application.
This subitem will ensure that persons affected would not be afforded any additional review
rights due to operation of this item. However, this subitem is not intended to restrict any
already existing rights to review.
Part 6--Administration
Item 16 Protection, use and disclosure of information obtained under the old Act
This item will provide that Part 5 of Chapter 4 of the Recycling and Waste Reduction Bill
applies as if in that Part the expression 'this Act' included a reference to the Product
Stewardship Act 2011 and the regulations made under that Act.
The effect of the provision is that information that was disclosed or obtained under or for the
purposes of the Product Stewardship Act 2011, or regulations made under the Product
Stewardship Act 2011, will be protected information under the Recycling and Waste Reduction
Bill.
Unauthorised use and disclosure of protected information where there is a risk that the use or
disclosure might substantially prejudice the commercial interests of another person will be
prohibited by the Recycling and Waste Reduction Bill and subject to a criminal offence.
Item 17 Annual report for 2020-21 financial year
This item will provide the annual report prepared by the Minister, in accordance with clause
184 of the Recycling and Waste Reduction Bill, for the financial year ending on 30 June 2021,
must also report on the operation of the Product Stewardship Act 2011 and regulations made
under that Act during the financial year. This is considered appropriate because the Product
Stewardship Act 2011 will be operational for part of that 2020/2021 financial year and during
that time existing product stewardship arrangements will be regulated under that Act before
transferring to the Recycling and Waste Reduction Bill.
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SCHEDULE 3--TRANSITIONAL RULES
Item 1 Transitional rules
This item will enable the Minister to make rules prescribing matters of a transitional nature
relating to the amendments or repeals made by the Consequential and Transitional Provisions
Bill; or the enactment of the Consequential and Transitional Provisions Bill or the Recycling
and Waste Reduction Bill. This will include rules to prescribe any saving provisions, which
allow some or all of a repealed law to remain in force under specific circumstances, or any
application provisions, which set out situations or timeframes in which a law applies or does
not apply. Rules made under this item would be legislative instruments for the purposes of the
Legislation Act 2003 and would be subject to Parliamentary scrutiny and disallowance through
the ordinary operation of the Legislation Act 2003. Rules would be available on the Federal
Register of Legislation.
The existing legislation governing product stewardship is multifaceted, providing for voluntary,
co-regulatory and mandatory product stewardship schemes. Given the complexity of the
existing legislation, there is the possibility that the transitional arrangements made at the
commencement time may not cover every potential circumstance required to be covered. There
may be unintentional and unforeseen consequences that may require additional transitional
arrangements being put in place to avoid placing unnecessary additional costs on individuals
and businesses. It is necessary to have the flexibility to deal expeditiously with matters in
relation to protecting human and environmental health without the need to amend the primary
legislation, and the most practical and appropriate way of ensuring this power is retained is
through subordinate legislation. These rules will enable product stewardship schemes to be
maintained and minimise the impact on businesses that are a member of a product stewardship
scheme.
Transitional rules can address any unforeseen consequences and minimise the likelihood of any
regulatory uncertainty during transition.
Rules made under this item before 1 January 2023 may modify the effect of provisions of the
Consequential and Transitional Provisions Bill, the Recycling and Waste Reduction Bill, or an
instrument made under the Recycling and Waste Reduction Bill, in relation to matters of a
transitional nature. Those modified provisions will then have effect, but not after 30 June 2023,
as if they were so modified. This will ensure that this item only operates for an appropriate
period of time after the Recycling and Waste Reduction Bill comes into effect.
Subitem 1(3) will clarify that the rules may not create an offence or civil penalty, provide
powers of arrest or detention or entry, search of seizure. Further, the rules may not impose a
tax, set an amount to be appropriated from the Consolidated Revenue Fund or directly amend
the text of the Recycling and Waste Reduction Bill or the Consequential and Transitional
Provisions Bill. This is consistent with the rule-making power under clause 188 of the
Recycling and Waste Reduction Bill.
Subitem 1(4) will clarify that the Consequential and Transitional Provisions Bill (other than
subitem 1(3)) does not limit the rules that may be made.
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SCHEDULE 4--CONTINGENT CONSEQUENTIAL AMENDMENTS
Recycling and Waste Reduction Bill 2020
Item 1 Section 10 (paragraph (b) of the definition of relevant court)
This item will repeal the reference to the Federal Circuit Court of Australia in the definition of
relevant court in clause 10 of the Recycling and Waste Reduction Bill and substitute it with a
reference to the Federal Circuit and Family Court of Australia (Division 2). This will ensure
that the definition is correct, up to date and consistent with the Federal Circuit and Family
Court of Australia Act 2020 once it commences.
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Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Recycling and Waste Reduction (Consequential and Transitional Provisions) Bill 2020
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act
2011.
Overview of the Bill
The Recycling and Waste Reduction (Consequential and Transitional Provisions) Bill 2020
(the Consequential and Transitional Provisions Bill) will complement the Recycling and Waste
Reduction Bill 2020 (the Recycling and Waste Reduction Bill) by setting out consequential and
transitional provisions enabling the implementation of that Bill.
The Recycling and Waste Reduction Bill will establish a legislative framework to reduce the
environmental and human health impacts of products, waste from products and waste material.
It will regulate the export of waste materials and include a framework for product stewardship
providing the basis for those who design, manufacture and distribute products to take greater
responsibility for their impacts on the environment.
The Consequential and Transitional Provisions Bill will repeal the Product Stewardship Act
2011 as Chapter 3 of the Bill is intended to replace it. The Consequential and Transitional
Provisions Bill will also set out transitional arrangements to ensure continuity and that affected
stakeholders experience minimal impacts due to the repeal of the Product Stewardship Act
2011 and commencement of the Recycling and Waste Reduction Bill.
Human rights implications
The Consequential and Transitional Provisions Bill does not change the operation of the
Recycling and Waste Reduction Bill in a way which affects the rights or freedoms recognised
in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Therefore, the Consequential and Transitional Provisions Bill does not engage any of the
applicable rights or freedoms.
Conclusion
The Consequential and Transitional Provisions Bill is compatible with human rights as it does
not raise any human rights issues.
(Circulated by authority of the Minister for the Environment, the Hon. Sussan Ley MP)
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