Mutual Recognition (Queensland) Regulation 2009 (Qld)

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Mutual Recognition (Queensland) Regulation 2009

1   Short title

This regulation may be cited as the Mutual Recognition (Queensland) Regulation 2009.

2   Approval of proposed amendments of Commonwealth Act—Act, s 6

For section 6 of the Act, the terms of the proposed amendments of the Commonwealth Act set out in schedule 1 are approved.

2A   Approval of proposed amendments of Commonwealth Act (ACT container deposit scheme)—Act, s 6

For section 6 of the Act, the terms of the proposed amendments of the Commonwealth Act set out in schedule 1A are approved.

3   Approval of proposed amendments of Commonwealth Act (NT container deposit scheme)—Act, s 6

For section 6 of the Act, the terms of the proposed amendments of the Commonwealth Act set out in schedule 2 are approved.

4   Approval of proposed amendments of Commonwealth Act (NSW container deposit scheme)—Act, s 6

For section 6 of the Act, the terms of the proposed amendments of the Commonwealth Act set out in schedule 3 are approved.

4A   Approval of proposed amendments of Commonwealth Act (Tasmanian container deposit scheme)—Act, s 6

For section 6 of the Act, the terms of the proposed amendments of the Commonwealth Act set out in schedule 3A are approved.

4B   Approval of proposed amendments of Commonwealth Act (Victorian container deposit scheme)—Act, s 6

For section 6 of the Act, the terms of the proposed amendments of the Commonwealth Act set out in schedule 3B are approved.

5   Approval of proposed amendments of Commonwealth Act (WA container deposit scheme)—Act, s 6

For section 6 of the Act, the terms of the proposed amendments of the Commonwealth Act set out in schedule 4 are approved.

6   Approval of proposed amendments of Commonwealth Act (consequential amendments relating to Administrative Review Tribunal)—Act, s 6

For section 6 of the Act, the terms of the proposed amendments of the Commonwealth Act set out in schedule 5 are approved.

Schedule 1 Proposed amendments of Commonwealth Act

section 2

1   Name of Regulations

These Regulations are the Mutual Recognition Act 1992 Amendment Regulations 2009 (No. ).

2   Commencement

These Regulations commence on the day after they are registered.

3   Amendment of Mutual Recognition Act 1992

Schedule 1 amends the Mutual Recognition Act 1992.

Schedule 1 Amendment

(regulation 3)

[1]   Schedule 2, after item 32

insert

33.Summary Offences Act 1953 of South Australia, section 9B

Note

1  All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See 1A Proposed amendments of Commonwealth Act (ACT container deposit scheme)

section 2A

1   Name

This instrument is the Mutual Recognition Amendment (ACT Container Deposit Scheme) Regulations 2018.

2   Commencement

(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2)Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3   Authority

This instrument is made under section 47 of the Mutual Recognition Act 1992.

4   Schedules

Legislation that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Mutual Recognition Act 1992

1   At the end of Schedule 2

Add:
36Each of the following:
(a)Part 10A of the Waste Management and Resource Recovery Act 2016 (ACT);
(b)all other provisions of that Act, to the extent that they relate to the container deposit scheme established by that Part;
(c)regulations made under that Act, to the extent that they relate to that scheme.

Schedule 2 Proposed amendments of Commonwealth Act (NT container deposit scheme)

section 3

1   Name of regulation

This regulation is the Mutual Recognition (Amendment of Act—Container Deposit Scheme) Regulation 2013.

2   Commencement

This regulation commences on the day after it is registered.

3   Authority

This regulation is made under the Mutual Recognition Act 1992.

4   Schedule(s)

Each Act that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Mutual Recognition Act 1992

1   At the end of Schedule 2

Add:

34Each of the following:
(a)Part 2 of the Environment Protection (Beverage Containers and Plastic Bags) Act (NT);
(b)all other provisions of that Act, to the extent that they relate to the container deposit scheme established by that Part;
(c)regulations made under that Act, to the extent that they relate to that scheme

Schedule 3 Proposed amendments of Commonwealth Act (NSW container deposit scheme)

section 4

1   Name

This instrument is the Mutual Recognition Amendment (NSW Container Deposit Scheme) Regulations 2017.

2   Commencement

(1)Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

Note:

This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2)Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3   Authority

This instrument is made under subsection 47(1) of the Mutual Recognition Act 1992.

4   Schedules

Legislation that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1 Amendments

Mutual Recognition Act 1992

1   At the end of Schedule 2

Add:
35Each of the following:
(a)Part 5 of the Waste Avoidance and Resource Recovery Act 2001 (NSW);
(b)all other provisions of that Act, to the extent that they relate to the container deposit scheme established by that Part;
(c)instruments made under that Act, to the extent that they relate to that scheme.

Schedule 3A Proposed amendments of Commonwealth Act (Tasmanian container deposit scheme)

section 4A

1   Name

This instrument is the Mutual Recognition Legislation Amendment (Tasmanian Container Deposit Scheme) Regulations 2023.

2   Commencement

(1)Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The later of:

(a)  the start of the day after this instrument is registered; and
(b)  immediately after the commencement of Part 2 of the Container Refund Scheme Act 2022 (Tas.).
However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2)Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3   Authority

This instrument is made under section 47 of the Mutual Recognition Act 1992.

4   Repeal of this instrument

This instrument is repealed on the day after it commences.

5   Schedules

Legislation that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Mutual Recognition Act 1992

1   At the end of Schedule 2

Add:
38Both of the following:
(a)the Container Refund Scheme Act 2022 (Tas.);
(b)regulations or other instruments made under that Act, to the extent that they relate to the container deposit scheme established by Part 2 of that Act.

Schedule 3B Proposed amendments of Commonwealth Act (Victorian container deposit scheme)

section 4B

1   Name

This instrument is the Mutual Recognition Amendment (Victorian Container Deposit Scheme) Regulations 2025.

2   Commencement

(1)Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2)Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3   Authority

This instrument is made under section 47 of the Mutual Recognition Act 1992.

4   Schedules

Legislation that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

5   Repeal of this instrument

This instrument is repealed on the day after this instrument commences.

Schedule 1—Amendments

Mutual Recognition Act 1992

1   At the end of Schedule 2

Add:
39Each of the following:
(a)Part 6 of the Circular Economy (Waste Reduction and Recycling) Act 2021 (Vic.);
(b)all other provisions of that Act, to the extent that they relate to the container deposit scheme established by that Part;
(c)regulations or other instruments made under that Act, to the extent that they relate to that scheme.

Schedule 4 Proposed amendments of Commonwealth Act (WA container deposit scheme)

section 5

1   Name

This instrument is the Mutual Recognition Amendment (WA Container Deposit Scheme) Regulations 2020.

2   Commencement

(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2)Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3   Authority

This instrument is made under section 47 of the Mutual Recognition Act 1992.

4   Schedules

Legislation that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Mutual Recognition Act 1992

1   At the end of Schedule 2

Add:
37Each of the following:
(a)Part 5A of the Waste Avoidance and Resource Recovery Act 2007 (WA);
(b)all other provisions of that Act, to the extent that they relate to the container deposit scheme established by that Part;
(c)regulations or other instruments made under that Act, to the extent that they relate to that scheme.

Schedule 5 Proposed amendments of Commonwealth Act (consequential amendments relating to Administrative Review Tribunal)

section 6

The Parliament of Australia enacts:

1   Short title

This Act is the Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024.

2   Commencement

(1)Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

31 May 2024

2. Schedules 1 to 15

At the same time as the Administrative Review Tribunal Act 2024 commences.
However, the provisions do not commence at all if that Act does not commence

(2)Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3   Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 15—Acts with State and Territory consultation requirements

Part 1—Main amendments

Mutual Recognition Act 1992

16   Paragraphs 34(3)(a) and (b)

Repeal the paragraphs, substitute:
(a)subject to the Administrative Review Tribunal Act 2024, application for review of the decision may be made to the Tribunal by a person whose interests are affected by the decision; and
(b)a person may, under section 268 of that Act, request a statement of reasons for the decision.

Part 2—Bulk amendments

Mutual Recognition Act 1992

32   Amendments of listed provisions

The provisions listed in the following table are amended as set out in the table.

Amendments

Provision

Omit

Substitute

4(1) (definition of tribunal)

Administrative Appeals Tribunal

Administrative Review Tribunal

31(3)

Registrar

Chief Executive Officer and Principal Registrar

34(1)

Administrative Appeals Tribunal Act 1975

Administrative Review Tribunal Act 2024

34(2) (definition of decision)

Administrative Appeals Tribunal Act 1975

Administrative Review Tribunal Act 2024

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