New South Wales Consolidated Acts

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PLASTIC REDUCTION AND CIRCULAR ECONOMY ACT 2021


- As at 3 April 2024 
- Act 31 of 2021 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects of Act
   4.      Definitions
   5.      Precautionary principle
   6.      Extraterritorial application of Act

   PART 2 - PROHIBITED ITEMS

   7.      Prohibited plastic items
   8.      Design standards
   9.      Offence of supplying prohibited items

   PART 3 - PRODUCT STEWARDSHIP REQUIREMENTS AND TARGETS

           Division 1 - Preliminary

   10.     Definitions
   11.     Meaning of "brand owner"
   12.     Meaning of "supply"

           Division 2 - Product stewardship requirements and targets

   13.     Product stewardship requirements
   14.     Minister may set product stewardship targets
   15.     Offence--failure to comply with product stewardship requirement or target
   16.     Record keeping requirements
   17.     Reporting requirements
   18.     Regulator may publish certain information

           Division 3 - Action plans

   19.     Requirement to prepare action plan
   20.     Regulator may approve, or direct brand owner to resubmit, action plans
   21.     Requirement to hold approved action plan before supply of regulated product
   22.     Powers of regulator--action plans
   23.     Review of certain decisions by regulator

   PART 4 - FINANCIAL ASSURANCES

   24.     Purpose of Part
   25.     Requiring financial assurances
   26.     Restriction on requiring financial assurance
   27.     Amount of financial assurances
   28.     Guidelines about financial assurances
   29.     Regulator may carry out certain actions if brand owner fails to carry out action
   30.     Recovery or funding of reasonable costs from financial assurance
   31.     Lapsing of financial assurance
   32.     Liability of regulator, State and others
   33.     Financial assurance not to affect other action
   34.     Disputes regarding call on or use of financial assurance

   PART 5 - ENFORCEMENT

   35.     Definitions
   36.     Compliance notices
   37.     Offence--non-compliance with stop notice
   38.     Offence--non-compliance with compliance notices other than stop notices
   39.     Commencement
   40.     Fee to recover administrative costs of regulator
   41.     Compliance cost notices
   42.     Recovery of unpaid amounts
   43.     Multiple notices
   44.     Revocation or variation of notices
   45.     Action in event of failure to comply, including power to enter land
   46.     Obstruction of persons

   PART 6 - GENERAL OFFENCES

   47.     Increase in penalties for certain offences
   48.     Ancillary offences
   49.     Evidence as to state of mind of corporation
   50.     Offence--false or misleading information in connection with supply
   51.     Offence--false or misleading information provided by brand owner

   PART 7 - CRIMINAL AND OTHER PROCEEDINGS

   52.     Time within which summary proceedings may be commenced
   53.     Regulator may institute proceedings
   54.     Proof of certain appointments not required
   55.     Certificate evidence of certain matters

   PART 8 - APPEALS

   56.     Appeals against compliance notices
   57.     Appeals against financial assurance conditions
   58.     Determination of appeals

   PART 9 - MISCELLANEOUS

   59.     Service of documents
   60.     Continuing effect of notices
   61.     Regulator may grant exemptions
   62.     Delegation
   63.     Personal liability
   64.     Fees
   65.     Public register
   66.     Consultation requirements
   67.     Act to bind Crown
   68.     Regulations
   69.     Review of Act
           SCHEDULE 1
           SCHEDULE 2
           Schedule 3 (Repealed)
           Dictionary


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