(1) Before regulations
are made for the purpose of implementing and operating an extended producer
responsibility scheme, the Minister must have regard to —
(a) the
nature of the product proposed to be dealt with under the proposed scheme; and
(b)
whether there is an effective approved product stewardship plan in place, or a
similar national plan, that is able to achieve the desired outcomes and is
being actively implemented, monitored and reported on; and
(c)
whether there is an Australian national scheme which adequately deals with the
product proposed to be dealt with under the proposed scheme.
(2) Where a regulation
made in respect of a matter referred to in Schedule 3 Division 3 specifically
provides that this subsection applies in respect of a provision of the
regulation, a person who commits an offence under the provision is liable to a
fine of $50 000 and a daily penalty of $5 000.