Commonwealth Numbered Regulations - Explanatory Statements

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PRODUCT STEWARDSHIP (ADVISORY GROUP) REGULATION 2012 (SLI NO 231 OF 2012)

EXPLANATORY STATEMENT

 

Select Legislative Instrument 2012 No. 231

 

Issued by Authority of the Parliamentary Secretary for Sustainability and Urban

Water

 

Product Stewardship Act 2011

 

Product Stewardship (Advisory Group) Regulation 2012

 

The Product Stewardship Act 2011 (the Act) provides a framework for mandatory, co-regulatory and voluntary product stewardship. The Act provides the basis to address the environmental, health and safety impacts of a product or material across its full lifecycle, from manufacture to disposal.

 

Subsection 108B(1) of the Act establishes the Product Stewardship Advisory Group (the Advisory Group). The Advisory Group's functions, as set out in subsection 108B(2), are to provide advice to the Minister in relation to: the performance of the Minister's function of preparing an annual list of classes of products that are to be considered for some form of accreditation or regulation under the Act in the following financial year; and the performance of other ministerial functions under the Act.

 

Section 111 of the Act provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.  Subclause 4(1) of Schedule 1 to the Act provides that an Advisory Group member is to be paid the remuneration and allowances (if any) that are prescribed by the regulations.

 

The Product Stewardship (Advisory Group) Regulation 2012 (the Regulation) prescribes remuneration and allowances for the Advisory Group by reference to specified parts of relevant Remuneration Tribunal Determinations. It is anticipated that appointments will be made to the Advisory Group in 2012.

 

The Chair receives a 'daily fee' for each day they attend a formal meeting. This daily fee is payable to the Chair, but not to ordinary members. This payment is aimed at attracting a suitably experienced Chair to the Advisory Group, and acknowledges the additional workload that the position entails compared to ordinary members.

 

The Act specifies no conditions that need to be satisfied before the power to make the Regulation may be exercised.

 

Details of the Regulation are set out in the Attachment.

 

The Parliamentary Secretary is satisfied that consultation on the legislative instrument is unnecessary because the instrument is of a minor machinery nature and does not substantially alter existing arrangements.

 

The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulation commences on the day after registration on the Federal Register of Legislative Instruments.

 

Text Box: Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Product Stewardship (Advisory Group) Regulation 2012


Overview of the Legislative Instrument
The Product Stewardship (Advisory Group) Regulation 2012 prescribes remuneration and allowances for the Product Stewardship Advisory Group by reference to specified parts of specified Remuneration Tribunal Determinations as they apply from time to time. 

Human rights implications
This Legislative Instrument has been assessed against the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.  This Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion
This Legislative Instrument is compatible with Australia's human rights obligations.


Senator the Hon Don Farrell,
Parliamentary Secretary for Sustainability and Urban Water







 

 

 

 


 


ATTACHMENT

 

Details of the Product Stewardship (Advisory Group) Regulation 2012

 

Section 1 - Name of Regulation

 

This section provides that the title of the regulation is the Product Stewardship (Advisory Group) Regulation 2012.

 

Section 2 - Commencement

 

This section provides for the Regulation to commence on the day after it is registered on the Federal Register of Legislative Instruments.

 

Section 3 - Definitions

 

This section defines a number of terms for the Regulation.

 

Section 4 - Advisory Group - remuneration and allowances

 

Subsection 4(1) of the Regulation provides that section 4 of the Regulation is made for clause 4 of Schedule 1 to the Act. Clause 4 provides that an Advisory Group member is to be paid the remuneration and allowances (if any) that are prescribed by the regulations.

 

Subsection 4(2) of the Regulation provides that the Chair of the Advisory Group will be paid the fees for a Category 2 Chairperson in Table 2A of Remuneration Tribunal Determination 2012/13 - Remuneration and Allowances for Holders of Part-Time Public Office (the Remuneration Determination), as amended from time to time.

 

Subsection 4(2) also provides that the fee is to be paid on the conditions set out in clauses 2.9 to 2.11 of the Remuneration Determination. Amongst other matters, these clauses provide that the daily fee is payable for attendance at formal meetings, and that the daily fee includes a component to cover normal preparation time.

 

Subsection 4(3) of the Regulation enumerates the clauses of Remuneration Tribunal Determination 2004/03 - Official Travel by Office Holders, as amended from time to time, that will apply to an Advisory Group member who is required to travel away from their home base for an official meeting. The effect of the subsection is that the Chair is entitled to Tier 2 (business class) travel rates. Any other members of the Advisory Group are entitled to Tier 3 (economy class) travel rates.


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