Commonwealth Numbered Acts

PRODUCT STEWARDSHIP ACT 2011 (NO. 76, 2011)

TABLE OF PROVISIONS

           Long Title

   PART 1--INTRODUCTION

           Division 1--Preliminary

   1.      Short title  
   2.      Commencement  
            
           Guide to this Act
   3.      Guide to this Act  

           Division 3--Objects of this Act and product stewardship criteria

   4.      Objects of this Act  
   5.      Product stewardship criteria  

           Division 4--The Dictionary

   6.      The Dictionary  

           Division 5--Application of this Act

   7.      Act binds Crown  
   8.      Extension to external Territories  
   9.      Relationship to State and Territory laws  

   PART 2--VOLUNTARY PRODUCT STEWARDSHIP
            
           Guide to this Part

   10.     Guide to this Part  

           Division 2--Voluntary product stewardship

   11.     Exercising rights in product stewardship logo in accordance with accredited voluntary arrangement  
   12.     What is an accredited voluntary arrangement  
   13.     Accreditation of voluntary arrangements  
   14.     What is a product stewardship logo  
   15.     What are the Commonwealth's intellectual property rights in a product stewardship logo  
   16.     Commonwealth's intellectual property rights not limited  

   PART 3--CO-REGULATORY PRODUCT STEWARDSHIP
            
           Guide to this Part

   17.     Guide to this Part  

           Division 2--Requirements for liable parties and administrators of co-regulatory arrangements

              Subdivision A--Requirement for liable party to be member of approved co-regulatory arrangement

   18.     Liable party to be member of approved co-regulatory arrangement  
   19.     Who is a liable party in relation to a class of products  
   20.     What is an approved co-regulatory arrangement  
   21.     Outcomes for co-regulatory arrangements  
   22.     Matters to be dealt with by co-regulatory arrangements  

              Subdivision B--Requirements for administrators of approved co-regulatory arrangements

   23.     Administrator to achieve outcomes for co-regulatory arrangement  

              Subdivision C--Requirements for liable parties and administrators

   24.     Requirements relating to record-keeping, giving information and reporting  

           Division 3--Approving co-regulatory arrangements

   25.     Approving co-regulatory arrangements--application  
   26.     Approving co-regulatory arrangements--decision  

           Division 4--Reviewing co-regulatory arrangements and cancelling approvals

   27.     Reviewing approved co-regulatory arrangements  
   28.     Cancelling approvals of co-regulatory arrangements  

           Division 5--Enforcing approved co-regulatory arrangements

   29.     Improvement notices  
   30.     Directed audits--general  
   31.     Directed audits--appointing auditor and carrying out audit  

           Division 6--Other matters relating to co-regulatory product stewardship

   32.     Co-regulatory product stewardship--anti-avoidance  
   33.     Co-regulatory product stewardship--replacing administrator  
   34.     Co-regulatory product stewardship--constitutional connection  
   35.     Co-regulatory product stewardship--reading down provision for administrators  

   PART 4--MANDATORY PRODUCT STEWARDSHIP
            
           Guide to this Part

   36.     Guide to this Part  

           Division 2--Mandatory product stewardship

   37.     Mandatory product stewardship requirements may be specified in regulations  
   38.     Contravening mandatory product stewardship requirements  
   39.     Mandatory product stewardship--satisfying product stewardship criteria and furthering objects etc.  
   40.     Mandatory product stewardship--constitutional connection  

   PART 5--ENFORCING THIS ACT
            
           Guide to this Part

   41.     Guide to this Part  

           Division 2--Civil penalty provisions

              Subdivision A--Obtaining a civil penalty order

   42.     Civil penalty orders  
   43.     Maximum amount of pecuniary penalty  
   44.     Involvement in contravening civil penalty provision  
   45.     Civil enforcement of penalty  
   46.     Conduct contravening more than one civil penalty provision  
   47.     Multiple contraventions  
   48.     Proceedings may be heard together  
   49.     Civil evidence and procedure rules for civil penalty orders  
   50.     Contravening a civil penalty provision is not an offence  

              Subdivision B--Civil liability of executive officers of bodies corporate

   51.     Civil liability of executive officer of body corporate  
   52.     Reasonable steps to prevent contravention  

              Subdivision C--Civil proceedings and criminal proceedings

   53.     Civil proceedings after criminal proceedings  
   54.     Criminal proceedings during civil proceedings  
   55.     Criminal proceedings after civil proceedings  
   56.     Evidence given in civil proceedings not admissible in criminal proceedings  

              Subdivision D--Miscellaneous

   57.     Mistake of fact  
   58.     State of mind  
   59.     Continuing contraventions  

           Division 3--Publicising offences, contraventions and decisions

   60.     Minister may publicise certain offences, contraventions and decisions  

           Division 4--Enforceable undertakings

   61.     Acceptance of undertakings  
   62.     Enforcement of undertakings  

           Division 5--Injunctions

   63.     Injunctions  
   64.     Granting interim injunctions  
   65.     Discharging or varying injunctions  
   66.     Certain limits on granting injunctions not to apply  

   PART 6--COMPLIANCE POWERS
            
           Guide to this Part

   67.     Guide to this Part  

           Division 2--Powers of inspectors

              Subdivision A--Appointment of inspectors

   68.     Minister may appoint inspectors  
   69.     Identity cards  
   70.     Offence for failing to return identity card  

              Subdivision B--Powers of inspectors

   71.     Purposes for which powers can be used  
   72.     Inspection powers--with consent  
   73.     Refusing consent is not an offence  
   74.     Inspection powers--with warrant  
   75.     Announcement before entry under warrant  
   76.     Copy of warrant to be given to occupier  
   77.     Occupier entitled to observe execution of warrant  
   78.     Occupier to provide inspector with facilities and assistance  

              Subdivision C--General provisions relating to seizure

   79.     Copies of seized things to be provided  
   80.     Receipts for things seized  
   81.     Return of seized things  
   82.     Magistrate may permit a thing to be retained  
   83.     Disposal if thing cannot be returned  

              Subdivision D--Applying for warrants to enter premises

   84.     Ordinary warrants  
   85.     Warrants by telephone, fax etc.  
   86.     Signed form of warrant not produced in evidence  

              Subdivision E--Powers of magistrates

   87.     Federal Magistrates--consent to nomination  
   88.     Powers of magistrates  

           Division 3--Information gathering powers

   89.     Meaning of person who has product stewardship information  
   90.     Minister may require a person to provide information  
   91.     Minister may require a person to appear before an inspector  

   PART 7--REVIEWING DECISIONS
            
           Guide to this Part

   92.     Guide to this Part  

           Division 2--Reviewing decisions

   93.     Persons affected by reviewable decisions  
   94.     Notification of decisions and review rights  
   95.     Internal review  
   96.     Review of decisions by Administrative Appeals Tribunal  

   PART 8--PROTECTING INFORMATION
            
           Guide to this Part

   97.     Guide to this Part  

           Division 2--Protecting information

   98.     Offence--Disclosing commercially sensitive information  
   99.     Authorised disclosures  
   100.    Disclosing commercially sensitive information to courts and tribunals etc.  

   PART 9--MISCELLANEOUS
            
           Guide to this Part

   101.    Guide to this Part  

           Division 2--Miscellaneous

   102.    General requirements for making applications  
   103.    Applications--requesting additional information  
   104.    Privilege against self-incrimination not affected  
   105.    Compensation for damage to electronic equipment  
   106.    Compensation for acquisition of property  
   107.    Annual report  
   108.    Publishing material about arrangements  
   108A.   Publishing material about products being considered for accreditation or regulation under this Act  
   108B.   Product Stewardship Advisory Group  
   109.    Review of operation of this Act  
   110.    Delegation  
   111.    Regulations  
           SCHEDULE 1 Product Stewardship Advisory Group