Recycling and Waste Reduction Act 2020 (Cth)
This is a compilation of the
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
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For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
This Act is the
Recycling and Waste Reduction Act 2020 .
(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.
The whole of this Act | The day after this Act receives the Royal Assent. | 16 December 2020 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(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.
(1) The objects of this Act are as follows:
(a) to reduce the impact on human and environmental health of products, waste from products and waste material, including by reducing the amount of greenhouse gases emitted, energy and resources used and water consumed in connection with products, waste from products and waste material;
(b) to realise the community and economic benefits of taking responsibility for products, waste from products and waste material;
(c) to develop a circular economy that maximises the continued use of products and waste material over their life cycle and accounts for their environmental impacts;
(d) to contribute to Australia meeting its international obligations concerning the impact referred to in paragraph (a).
(2) These objects are to be achieved by:
(a) regulating the export of waste material to promote its management in an environmentally sound way; and
(b) encouraging and regulating the reuse, remanufacture, recycling and recovery of products, waste from products and waste material in an environmentally sound way; and
(c) encouraging and regulating manufacturers, importers, distributors, designers and other persons to take responsibility for products, including by taking action that relates to:
(i) reducing or avoiding generating waste through improvements in product design; and
(ii) improving the durability, reparability and reusability of products; and
(iii) managing products throughout their life cycle.
In performing functions and exercising powers under this Act, the Minister must take a precautionary approach in relation to protecting human and environmental health.
This Act creates a framework for reducing the impact on human and environmental health of waste material.
Waste material includes any thing that is discarded, rejected or left over from an industrial, commercial, domestic or other activity, and any thing that is surplus to or a by‑product of those activities.
The Minister may, in rules made under this Act, prescribe kinds of waste material. If the Minister does so, the waste material is called regulated waste material and its export may be prohibited by the rules unless certain conditions prescribed by the rules (called prescribed export conditions) are complied with.
Conditions may include a requirement to hold an export licence to export the regulated waste material and to provide the Minister with an export declaration before the regulated waste material is exported.
The Minister may, on application, grant an exemption to people who wish to export regulated waste material from complying with certain requirements imposed by this Act. An exemption remains in force for up to 12 months, and may be granted subject to conditions. An exemption can be revoked.
This Act also creates a framework for reducing the impact on human and environmental health of products and waste from products.
A product can include any thing that is manufactured.
This Act provides for 3 regimes relating to product stewardship, each of which is designed to encourage or require manufacturers, importers, distributors and other persons to take responsibility for products including, for example, through improved product design.
The first regime, called voluntary product stewardship, involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in accordance with such arrangements.
The second regime, called co‑regulatory product stewardship, involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the rules, to be members of co‑regulatory arrangements approved by the Minister. These arrangements must have outcomes, specified in the rules, that are designed to further the objects of this Act.
The third regime, called mandatory product stewardship, enables rules to be made that require specified persons to take, or not to take, specified action in relation to products.
Authorised officers have powers to ensure people are complying with this Act, to investigate non‑compliance and to enforce this Act. Enforcement mechanisms include infringement notices, enforceable undertakings and injunctions.
Auditors can conduct audits in relation to export operations, product stewardship arrangements and the performance of functions and the exercise of powers under this Act.
The rules may require persons who have obligations under this Act to make and retain specified kinds of records.
The Minister has various powers to gather information relating to regulated waste material, product stewardship, the objects of this Act and other matters. The use and disclosure of certain kinds of information is regulated.
Certain decisions under this Act may be reviewed by the Minister and by the Administrative Review Tribunal.
Fees may be charged relating to activities carried out by, or on behalf of, the Commonwealth in the performance of functions or the exercise of powers under this Act.
The rules may also make provision in relation to the payment of waste material export charge (which is a tax imposed under related legislation).
(1) This Act binds the Crown in each of its capacities.
(2) However, this Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.
(3) The protection in subsection (2) does not apply to an authority of the Crown.
This Act extends to every external Territory.
This Act extends to acts, omissions, matters and things outside Australia.
This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.
In this Act:
accredited voluntary arrangement : see subsection 70(1).
accrediting authority : see paragraph 70(3)(c).
administrator :
(a) of a voluntary arrangement: see paragraph 71(c); and
(b) of a co‑regulatory arrangement: see paragraph 85(3)(e).
affected : for when a person isaffected by a reviewable decision, see section 151.
approved auditor means a person approved under subsection 116(1) to conduct audits.
approved co‑regulatory arrangement : see section 78.
artistic work has the same meaning as in theCopyright Act 1968 .
associate : see section 11.
auditor means:
(a) an approved auditor; or
(b) a Commonwealth authorised officer; or
(c) a State or Territory authorised officer.
Australia , when used in a geographical sense, includes the external Territories.
Australian law means a law of the Commonwealth, or of a State or Territory.
authorised government enforcement officer means a Commonwealth authorised officer, or a State or Territory authorised officer, who satisfies the requirements determined under section 129.
authorised officer means a person who is authorised under section 125 to be an authorised officer for the purposes of this Act.
child has a meaning affected by subsection 11(2).
civil penalty order has the same meaning as in the Regulatory Powers Act.
civil penalty provision has the same meaning as in the Regulatory Powers Act.
Commonwealth authorised officer means an authorised officer who is an officer or employee of the Commonwealth, or an authority of the Commonwealth.
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
constitutional trade or commerce means trade or commerce:
(a) between Australia and a place outside Australia; or
(b) among the States; or
(c) between a State and a Territory; or
(d) between 2 Territories.
conveyance means:
(a) an aircraft; or
(b) a vessel.
de facto partner of a person has the meaning given by theActs Interpretation Act 1901 .
distribute includes sell and supply, whether for consideration or not.
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
entered for export : see section 12.
expiry date , for an export licence: see subsection 37(4).
export means export from Australia.
export business means a business that carries out export operations in relation to a kind of waste material.
export declaration means a written declaration of an intention to export regulated waste material that complies with section 19.
export licence means an export licence granted under Part 4 of Chapter 2.
export operations : see section 13.
Finance Minister means the Minister administering thePublic Governance, Performance and Accountability Act 2013 .
improvement notice means a notice given under section 88.
intellectual property rights : see section 74.
liable party in relation to a product: see section 77.
life cycle of a product includes:
(a) the time when the product begins to be manufactured; and
(b) the time when the product is waste.
Minister’s priority list : see section 67.
parent has a meaning affected by subsection 11(4).
prescribed export conditions means conditions prescribed by rules made for the purposes of section 18.
prescribed law means:
(a) a law (other than this Act) that is administered by the Minister; or
(b) an Australian law that is prescribed by the rules.
product means a thing (including a substance or mixture of substances) that is:
(a) manufactured; or
(b) prescribed by the rules;
and includes a class of such things.
product return payment : see subsection 92(8).
product stewardship criteria : see section 14.
product stewardship logo : see section 73.
prospective liable party : see subsection 89(1).
protected information : see subsection 148(3).
recover includes recover resources, material or energy from products, waste from products or waste material.
regulated waste material : see section 17.
Regulatory Powers Act means theRegulatory Powers (Standard Provisions) Act 2014 .
related body corporate has same meaning as in theCorporations Act 2001 .
relevant Commonwealth liability means:
(a) any of the following that are due and payable:
(i) a fee payable under this Act;
(ii) a charge imposed by the
Recycling and Waste Reduction Charges (Customs) Act 2020 ;(iii) a charge imposed by the
Recycling and Waste Reduction Charges (Excise) Act 2020 ;(iv) a charge imposed by the
Recycling and Waste Reduction Charges (General) Act 2020 ; or(b) penalties for late payment of a fee or charge described in subparagraphs (a)(i) to (iv); or
(c) a pecuniary penalty, or other liability for an amount, imposed by or under a prescribed law.
Note: A relevant Commonwealth liability of a person is taken to have been paid for the purposes of a provision of this Act in certain circumstances (see section 181).
relevant court means:
(a) the Federal Court of Australia; or
(b) the Federal Circuit and Family Court of Australia (Division 2); or
(c) a Supreme Court of a State or Territory.
relevant person , for an audit under Division 4 of Part 2 of Chapter 4, has the meaning given by section 114.
reviewable decision : see section 151.
rules means the rules made under section 188.
scheme : see subsection 89(6).
Secretary means the Secretary of the Department.
State or Territory authorised officer means an authorised officer who is an officer or employee:
(a) of a State or Territory; or
(b) of an authority of a State or Territory.
stepchild has a meaning affected by subsection 11(3).
third party authorised officer means a person who is authorised under subsection 125(5) to be a third party authorised officer.
this Act includes:
(a) the rules; and
(b) the Regulatory Powers Act as it applies in relation to this Act.
trade mark has the same meaning as in theTrade Marks Act 1995 .
waste , in relation to a product, means waste associated with the product over the life cycle of the product.
waste material : see section 15.
waste material export charge means a charge imposed under:
(a) section 7 of the
Recycling and Waste Reduction Charges (Customs) Act 2020 ; or(b) section 7 of the
Recycling and Waste Reduction Charges (Excise) Act 2020 ; or(c) section 7 of the
Recycling and Waste Reduction Charges (General) Act 2020 .
(1)
Associate of a person (thefirst person ) includes each of the following:
(a) a spouse, de facto partner, child (who is at least 18 years old) or parent of the first person;
(b) a person not mentioned in paragraph (a) who is or was:
(i) directly or indirectly concerned in; or
(ii) in a position to control or influence the conduct of;
a business or undertaking of:
(iii) the first person; or
(iv) a corporation of which the first person is an officer or employee, or in which the first person holds shares;
(c) a corporation of which the first person, or any of the other persons mentioned in paragraph (a) or (b), is an officer or employee;
(d) if the first person is a body corporate—another body corporate that is a related body corporate of the first person.
(2) Without limiting who is a child of another person for the purposes of this Act, a person is the
child of another person if the person is:
(a) a stepchild or adopted child of the other person; or
(b) a child of the other person within the meaning of the
Family Law Act 1975 .(3) Without limiting who is a stepchild of another person for the purposes of this Act, a child of a de facto partner of the other person is the
stepchild of the other person if the child would be the other person’s stepchild except that the other person is not legally married to the partner.(4) Without limiting who is a parent of another person for the purposes of this Act, a person is the
parent of another person if the other person is a child of the person because of the definition ofchild in subsection (2).
Waste material is
entered for export if, in the course of export operations, the waste material is presented to, or information or a document about the waste material is given to:
(a) the Minister; or
(b) an authorised officer; or
(c) another person who is authorised to exercise powers or perform functions under this Act in relation to the waste material;
for the purpose of the Minister, authorised officer or other person exercising powers or performing functions under this Act in relation to the waste material.
Export operations means:
(a) operations to export waste material; or
(b) operations to produce, or prepare, waste material for export; or
(c) operations (other than operations referred to in paragraph (a) or (b)) in relation to waste material for export before it is exported.
The
product stewardship criteria are satisfied in relation to a product if:
(a) the product is sold in more than one State or Territory; and
(b) at least one of the following applies in relation to the product:
(i) the product contains hazardous substances;
(ii) there is the potential to significantly increase the conservation of materials used in the product, or the recovery of resources (including materials and energy) from waste from the product;
(iii) there is the potential to significantly reduce the impact that the product has on the environment, or that substances in the product have on the environment, or on the health or safety of humans.
Note: Whether the product stewardship criteria are satisfied in relation to a product is relevant for determining whether:
(a) to accredit a voluntary arrangement in relation to that product (see subsection 70(4)); or
(b) rules can be made under this Act in relation to the product (see sections 77 (co‑regulatory product stewardship—liable parties for products) and 93 (mandatory product stewardship criteria)).
(1)
Waste material means any thing (including a substance or mixture of substances) that is:
(a) discarded, rejected or left over from an industrial, commercial, domestic or other activity; or
(b) surplus to or a by‑product of an industrial, commercial, domestic or other activity; or
(c) prescribed by the rules.
(2)
Waste material can be a gas, liquid, solid or energy, or a combination of any of them.(3) A thing can be
waste material whether or not:
(a) it is of value; or
(b) it is or may be processed, recycled, re‑used or recovered.
The rules may prescribe kinds of waste material (called regulated waste material) for the purposes of this Act.
The rules may prohibit the export of regulated waste material unless conditions prescribed by the rules (called prescribed export conditions) are complied with.
A person commits an offence, or is liable to a civil penalty, if the person:
(a) exports regulated waste material in contravention of prescribed export conditions; or
(b) makes false or misleading representations about regulated waste material that is entered for export.
The Minister may grant an exemption from one or more provisions of this Act in relation to regulated waste material. An exemption remains in force for up to 12 months, and may be granted subject to conditions. An exemption can be revoked.
The Minister may, on application by a person, grant the person an export licence to carry out a kind of export operations in relation to a kind of regulated waste material.
An export licence is subject to certain conditions and it may remain in force for a specified period or until a specified event occurs. It cannot remain in force for more than 3 years.
An export licence may be varied, renewed, suspended or revoked.
The holder of an export licence must comply with certain obligations, including complying with licence conditions and notifying the Minister of specified events. The Minister may also give written directions to the holder of an export licence which must be complied with.
The Minister must publish certain information on the Department’s website about exemptions and export licences that have been granted, including the name of the holder of an exemption or licence, and the kind of regulated waste material that is covered by an exemption or licence. The Minister must also prepare a quarterly report containing this information.
(1) The rules may prescribe a kind of waste material for the purposes of this Act.
Note: For prescribing by class, see subsection 13(3) of the
Legislation Act 2003 .(2) Waste material prescribed for the purposes of subsection (1) is
regulated waste material .
(1) The rules may prohibit the export of regulated waste material unless conditions prescribed by the rules are complied with.
Note: Failure to comply with prescribed export conditions, which must be met before the regulated waste material is exported, is an offence and a civil penalty provision (see section 20).
(2) Without limiting subsection (1), the rules may prescribe conditions in relation to the export of regulated waste material that:
(a) require the waste material to be exported:
(i) in accordance with an export licence; or
(ii) in any other way prescribed by the rules; or
(b) require export operations to be carried out in relation to the waste material:
(i) in accordance with an export licence; or
(ii) in any other way prescribed by the rules; or
(c) require the exporter to give an export declaration to the Minister before the waste material is exported; or
(d) require the exporter to hold either or both of the following:
(i) an export licence covering the waste material;
(ii) another kind of permission, consent or approval, granted as prescribed by the rules, to export the waste material.
(3) Without limiting paragraph (2)(c), the rules may require the export declaration to be given within a specified period or before a specified event occurs.
(1) An export declaration must:
(a) if the Minister has approved, in writing, a manner for giving the declaration—be given in an approved manner; and
(b) if the Minister has approved a form for the declaration:
(i) include the information required by the form; and
(ii) be accompanied by any documents required by the form; and
(c) include the information (if any) prescribed by the rules; and
(d) be accompanied by any documents prescribed by the rules; and
(e) be signed and dated by the exporter of the regulated waste material to which the declaration relates.
Note 1: The export of regulated waste material may be prohibited unless an export declaration relating to the waste material is given (see section 18 and rules made for the purposes of that section).
Note 2: A person may commit an offence or be liable to a civil penalty if the person provides false or misleading information or documents (see sections 146 and 147 of this Act and sections 137.1 and 137.2 of the
Criminal Code ).(2) An export declaration is taken not to have been given if the declaration does not comply with the requirements in subsection (1).
(3) To avoid doubt, the Minister may approve:
(a) different forms for export declarations in relation to different kinds of regulated waste material; or
(b) a single form for an export declaration for the export of consignments of more than one kind of regulated waste material.
(1) A person contravenes this subsection if:
(a) the person exports waste material; and
(b) the waste material is regulated waste material; and
(c) the export of the waste material is prohibited unless prescribed export conditions are complied with; and
(d) prescribed export conditions are not complied with.
Fault‑based offence
(2) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
(3) For the purposes of subsection (2), strict liability applies to paragraphs (1)(b) and (c).
Civil penalty provision
(4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 600 penalty units.
When waste material is exported
(5) For the purposes of this section, waste material is exported when the conveyance transporting the waste material from Australia starts its journey to a place outside Australia (whether or not that place is the intended final overseas destination for the waste material).
(1) A person contravenes this subsection if:
(a) waste material is entered for export by the person; and
(b) the waste material is regulated waste material; and
(c) the export of the waste material is prohibited unless prescribed export conditions are complied with; and
(d) at the time the waste material is entered for export:
(i) the person represents (either expressly or by necessary implication) that the prescribed export conditions applicable, at or before that time, in relation to the export of the waste material have been complied with; and
(ii) the person does so knowing that the representation is false or misleading.
Fault‑based offence
(2) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
(3) For the purposes of subsection (2), strict liability applies to paragraphs (1)(b) and (c).
Civil penalty provision
(4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 600 penalty units.
Exception
(5) Subsection (1) does not apply if the representation is not false or misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matters mentioned in this subsection (see subsection 13.3(3) of the
Criminal Code and section 96 of the Regulatory Powers Act).
(1) A person contravenes this subsection if:
(a) waste material is entered for export by the person; and
(b) the waste material is regulated waste material; and
(c) the export of the waste material is prohibited unless prescribed export conditions are complied with; and
(d) at the time the waste material is entered for export:
(i) the person represents (either expressly or by necessary implication) that the prescribed export conditions applicable, at or before that time, in relation to the export of the waste material have been complied with; and
(ii) the person does so reckless as to whether the representation is false or misleading.
Fault‑based offence
(2) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 3 years or 180 penalty units, or both.
(3) For the purposes of subsection (2), strict liability applies to paragraphs (1)(b) and (c).
Civil penalty provision
(4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 360 penalty units.
Exception
(5) Subsection (1) does not apply if the representation is not false or misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matters mentioned in this subsection (see subsection 13.3(3) of the
Criminal Code and section 96 of the Regulatory Powers Act).
(1) A person contravenes this subsection if:
(a) waste material is entered for export by the person; and
(b) the waste material is regulated waste material; and
(c) at the time the waste material is entered for export:
(i) the person makes a representation (either expressly or by necessary implication) in relation to any matters that are to be stated in an export declaration; and
(ii) the person does so knowing that the representation is false or misleading.
Fault‑based offence
(2) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
(3) For the purposes of subsection (2), strict liability applies to paragraph (1)(b).
Civil penalty provision
(4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 600 penalty units.
Exception
(5) Subsection (1) does not apply if the representation is not false or misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matters mentioned in this subsection (see subsection 13.3(3) of the
Criminal Code and section 96 of the Regulatory Powers Act).
(1) A person contravenes this subsection if:
(a) waste material is entered for export by the person; and
(b) the waste material is regulated waste material; and
(c) at the time the waste material is entered for export:
(i) the person makes a representation (either expressly or by necessary implication) in relation to any matters that are to be stated in an export declaration; and
(ii) the person does so reckless as to whether the representation is false or misleading.
Fault‑based offence
(2) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 3 years or 180 penalty units, or both.
(3) For the purposes of subsection (2), strict liability applies to paragraph (1)(b).
Civil penalty provision
(4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 360 penalty units.
Exception
(5) Subsection (1) does not apply if the representation is not false or misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matters mentioned in this subsection (see subsection 13.3(3) of the
Criminal Code and section 96 of the Regulatory Powers Act).
An application for an exemption from one or more provisions of this Chapter or rules made for the purposes of this Chapter in relation to regulated waste material may be made to the Minister by:
(a) a person who wishes to export regulated waste material; or
(b) a person prescribed by the rules.
Note: See sections 172, 173 and 174 for additional matters relating to applications.
(1) On receiving an application made under section 25 for an exemption, the Minister must decide:
(a) to grant the exemption; or
(b) to refuse to grant the exemption.
Note: A decision under this subsection is a reviewable decision (see section 151) and the Minister must give the person written notice of the decision (see section 152).
(2) The Minister may grant the exemption if the Minister is satisfied, having regard to any matter prescribed by the rules and any other matter that the Minister considers relevant, that:
(a) any requirements prescribed by the rules are met; and
(b) it is appropriate to grant the exemption.
Note: An exemption generally must not be varied (see subsection 30(1)).
(3) In considering whether it is appropriate to grant the exemption, the Minister:
(a) must have regard to the objects of this Act; and
(b) may have regard to any other matter.
(4) If the Minister grants the exemption, the Minister must:
(a) decide that the exemption remains in force until a specified event occurs (which must not occur more than 12 months after the day the exemption takes effect); or
(b) decide that the exemption remains in force for a specified period (which cannot be more than 12 months after the day the exemption takes effect).
(5) The Minister may decide that the exemption remains in force for a specified period under paragraph (4)(b) even if rules made for the purposes of subsection 29(2) apply in relation to the exemption.
(1) The Minister may grant an exemption in relation to regulated waste material, subject to any conditions that the Minister considers are necessary.
Note: Conditions of an exemption may be varied (see section 30).
(2) In considering whether it is necessary to impose conditions on an exemption, the Minister must have regard to:
(a) the objects of this Act; and
(b) the matters (if any) prescribed by the rules.
(3) A person contravenes this subsection if:
(a) the person is the holder of an exemption in force under this Part; and
(b) the person engages in conduct; and
(c) the conduct contravenes a condition of the exemption.
Fault‑based offence
(4) A person commits an offence if the person contravenes subsection (3).
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
Civil penalty provision
(5) A person is liable to a civil penalty if the person contravenes subsection (3).
Civil penalty: 600 penalty units.
Instrument of exemption
(1) If the Minister decides to grant an exemption in relation to regulated waste material, the Minister must give the applicant for the exemption an instrument of exemption stating the following:
(a) the kind of regulated waste material covered by the exemption;
(b) if applicable, each place to which the regulated waste material is to be exported under the exemption;
(c) the reasons why the Minister is satisfied that it is appropriate to grant the exemption;
(d) the provisions of this Act covered by the exemption;
(e) the day (which must not be before the grant) when the exemption takes effect;
(f) that the exemption remains in force:
(i) until a specified event occurs; or
(ii) for a specified period;
(g) if the exemption remains in force until a specified event occurs—the specified event;
(h) if the exemption remains in force for a specified period—the period;
(i) any conditions of the exemption;
(j) any other information prescribed by the rules.
Note: For the purposes of paragraph (f), an exemption cannot remain in force for more than 12 months (see subsection 26(4)).
(2) An instrument of exemption given under subsection (1) is not a legislative instrument.
Notice of refusal
(3) If the Minister decides to refuse to grant an exemption, the Minister must notify the applicant, in writing, of the decision. The notice must include the reasons for the decision.
(1) An exemption:
(a) takes effect on the day stated in the instrument of exemption under paragraph 28(1)(e); and
(b) remains in force until the earliest of the following:
(i) if the exemption remains in force until a specified event occurs—the event occurs;
(ii) if the exemption remains in force for a specified period—the end of the specified period;
(iii) if applicable—the end of the period prescribed by the rules for the purposes of subsection (2);
(iv) the exemption is revoked under section 31.
(2) The rules may prescribe the period during which an exemption remains in force (which must not exceed 12 months). The rules may apply in relation to:
(a) exemptions generally; or
(b) exemptions for a kind of regulated waste material; or
(c) exemptions in relation to a place to which the regulated waste material may be exported.
(1) Except as provided by subsection (2), an exemption that is in force under this Part must not be varied.
Note: If changes to an exemption are needed, an application for a new exemption must be made.
(2) If the Minister considers it necessary to do so, the Minister may vary the conditions of an exemption that is in force under this Part (including by imposing new conditions).
(3) In considering whether it is necessary to vary the conditions of an exemption, the Minister must have regard to:
(a) the objects of this Act; and
(b) the matters (if any) prescribed by the rules.
(4) If the Minister varies the conditions of an exemption, the Minister must give the holder of the exemption a written notice stating the following:
(a) the varied conditions and any new conditions;
(b) the reason for varying the conditions;
(c) the day the varied conditions take effect;
(d) any other information prescribed by the rules.
(1) The Minister may revoke an exemption that is in force under this Part.
(2) In considering whether to revoke an exemption, the Minister must have regard to:
(a) the objects of this Act; and
(b) the matters (if any) prescribed by the rules.
(3) If the Minister decides to revoke an exemption, the Minister must give the holder of the exemption a written notice stating the following:
(a) that the exemption is revoked;
(b) the reasons for the revocation;
(c) the day the revocation takes effect.
If:
(a) a kind of regulated waste material is, or is to be, exported; and
(b) the export of the regulated waste material is covered by an exemption from one or more provisions of this Act (the
exempted provisions );the exempted provisions do not apply in relation to the export of the regulated waste material.
(1) A person may apply to the Minister for an export licence to carry out a kind of export operations in relation to a kind of regulated waste material.
Note: See sections 172, 173 and 174 for additional matters relating to applications.
(2) An application:
(a) may relate to more than one kind of regulated waste material; and
(b) may relate to more than one kind of export operations; and
(c) may specify one or more places to which the regulated waste material is to be exported.
Note: The export of a kind of regulated waste material may be prohibited unless the exporter holds an export licence that covers the export of waste material of that kind (see section 18 and rules made for the purposes of that section).
(1) On receiving an application for an export licence, the Minister must decide:
(a) to grant the applicant an export licence; or
(b) to refuse to grant the applicant an export licence.
Note 1: See sections 172, 173 and 174 for additional matters relating to applications.
Note 2: If the application is for an export licence for more than one kind of regulated waste material for export to more than one place, the Minister may decide to grant an export licence for some or all of those kinds of waste material for export to some or all of those places.
Note 3: If the application is for an export licence to carry out more than one kind of export operations in relation to more than one kind of regulated waste material for export to more than one place, the Minister may decide to grant the applicant an export licence to carry out some or all of those kinds of export operations in relation to some or all of those kinds of waste material for export to some or all of those places.
Note 4: A decision to refuse to grant an export licence is a reviewable decision (see section 151) and the Minister must give the applicant written notice of the decision (see section 152).
(2) In deciding whether to grant the applicant an export licence, the Minister must have regard to the following matters:
(a) the objects of this Act;
(b) whether the applicant is a fit and proper person;
(c) whether all relevant Commonwealth liabilities of the applicant have been paid;
(d) if one or more relevant Commonwealth liabilities of the applicant have not been paid—whether the non‑payment is due to exceptional circumstances;
(e) whether the applicant is, and is likely to continue to be, able to comply with the conditions to which the export licence, if granted, would be subject;
(f) any other matters prescribed by the rules.
Note 1: The Minister must have regard to the matters in section 175 in considering whether the applicant is a fit and proper person for the purposes of paragraph (b).
Note 2: For the purposes of paragraph (c), a relevant Commonwealth liability of a person is taken to have been paid in certain circumstances (see section 181).
(3) In deciding whether to grant the applicant an export licence, the Minister may have regard to any other matter that the Minister considers relevant.
(4) If the Minister grants the applicant an export licence, the Minister must:
(a) decide that the licence remains in force until a specified event occurs (which must not occur more than 3 years after the day the licence takes effect); or
(b) set an expiry date for the licence (which cannot be more than 3 years after the day the licence takes effect).
(5) The Minister may set an expiry date for the export licence under paragraph (4)(b) even if rules made for the purposes of subsection 37(5) apply in relation to the licence.
(1) An export licence is subject to:
(a) the conditions provided by this Act; and
(b) the conditions prescribed by the rules (other than any of those conditions that the Minister decides are not to be conditions of the licence); and
(c) any additional conditions that the Minister considers appropriate and that are specified in the licence.
Note 1: See subsection 64(4) for a condition of an export licence.
Note 2: The holder of an export licence may commit an offence or be liable to a civil penalty if a condition of the licence is contravened (see section 59).
Note 3: An export licence may be suspended or revoked if a condition of the licence is contravened (see sections 46 and 54).
Note 4: A decision to grant an export licence subject to additional conditions is a reviewable decision (see section 151) and the Minister must give the person written notice of the decision (see section 152).
(2) Without limiting paragraph (1)(b), the rules may prescribe conditions in relation to any or all of the following:
(a) the holder of the export licence;
(b) a kind of regulated waste material;
(c) a kind of export operations.
(3) Without limiting paragraph (1)(b) or (c), the rules may prescribe conditions, and the Minister may impose conditions:
(a) that are required to be complied with before or after the export of the waste material to which the conditions relate; or
(b) that relate to the objects of this Act.
(4) For the purposes of this Act, conditions to which an export licence is subject under subsection (1) or section 40 are conditions of the licence.
(1) An export licence must:
(a) be in writing; and
(b) be given to the applicant to whom it was granted.
(2) An export licence must state the following information:
(a) the number allocated to the licence;
(b) each kind of regulated waste material covered by the licence;
(c) each kind of export operations covered by the licence;
(d) if applicable, each place to which a kind of regulated waste material covered by the licence may be exported;
(e) the day the licence takes effect;
(f) that the licence remains in force:
(i) until a specified event occurs; or
(ii) for a specified period;
(g) if the licence remains in force until a specified event occurs—the specified event;
(h) if the licence remains in force for a specified period—the expiry date for the licence;
(i) any conditions prescribed by the rules that the Minister has decided are not to be conditions of the licence;
(j) any additional conditions of the licence;
(k) any other information prescribed by the rules.
Note: A licence cannot remain in force for more than 3 years (see subsection 34(4)).
(1) If an export licence is expressed to remain in force until a specified event occurs, the licence remains in force until the event occurs, unless it is earlier revoked under Part 8.
(2) If there is an expiry date for an export licence (including an export licence that has been renewed under Part 5), the licence remains in force until the end of that expiry date unless:
(a) the licence is renewed under Part 5 on or before that date; or
(b) the licence is revoked under Part 8 on or before that date.
(3) There is an expiry date for an export licence if:
(a) rules made for the purposes of subsection (5) apply in relation to the export licence; or
(b) an expiry date for the export licence set under subsection 34(4) or 39(5) or paragraph 44(1)(c) is in force in relation to the export licence.
(4) The
expiry date for an export licence is:
(a) if rules made for the purposes of subsection (5) apply in relation to the export licence and no expiry date set under subsection 34(4) or 39(5) or paragraph 44(1)(c) is in force in relation to the export licence—the last day of the period prescribed by the rules; or
(b) if an expiry date for the export licence set under subsection 34(4) or 39(5) or paragraph 44(1)(c) is in force in relation to the export licence—that date.
Note: The expiry date cannot be more than 3 years after the day the licence takes effect (see paragraph 34(4)(b)).
(5) The rules may prescribe the period during which an export licence remains in force (which must not exceed 3 years). The rules may apply in relation to:
(a) export licences generally; or
(b) export licences for a kind of regulated waste material and, if applicable, a place to which the regulated waste material may be exported; or
(c) export licences for a kind of export operations in relation to a kind of regulated waste material and, if applicable, a place to which the regulated waste material may be exported.
(1) This section applies in relation to an export licence (other than a licence that is suspended wholly or in part under Part 7) if there is an expiry date for the licence.
Note: See subsections 37(3) and (4) in relation to the expiry date for an export licence.
(2) The holder of the export licence may apply to the Minister to renew the licence.
Note: See sections 172, 173 and 174 for additional matters relating to applications.
(3) An application for renewal:
(a) may relate to more than one kind of regulated waste material; and
(b) may relate to more than one kind of export operations; and
(c) may specify one or more places to which the regulated waste material is to be exported.
(4) An application for renewal must be made:
(a) within the period prescribed by the rules; or
(b) if the Minister allows a longer period—within that longer period.
(5) If an application to renew an export licence is made after the period applying under subsection (4):
(a) the application is taken to be an application for a new export licence; and
(b) Part 4 applies in relation to the application; and
(c) the other provisions of this Part do not apply in relation to the application.
(1) On receiving an application to renew an export licence, the Minister must decide:
(a) to renew the licence; or
(b) to refuse to renew the licence.
Note 1: See sections 172, 173 and 174 for additional matters relating to applications.
Note 2: If the application is to renew the export licence for more than one kind of regulated waste material for export to more than one place, the Minister may decide to renew the licence for some or all of those kinds of waste material for export to some or all of those places.
Note 3: If the application is to renew the export licence to carry out more than one kind of export operations in relation to more than one kind of regulated waste material for export to more than one place, the Minister may decide to renew the licence to carry out some or all of those kinds of export operations in relation to some or all of those kinds of waste material for export to some or all of those places.
Note 4: A decision to refuse to renew an export licence is a reviewable decision (see section 151) and the Minister must give the applicant written notice of the decision (see section 152).
(2) If an export licence would, apart from this subsection, expire before the application to renew the licence is decided, then the export licence is taken to continue in force until:
(a) if the application to renew is refused—the refusal takes effect; or
(b) if the licence is renewed in response to the application—the day the renewed licence takes effect.
(3) In deciding whether to renew an export licence, the Minister must have regard to the following matters:
(a) the objects of this Act;
(b) whether the applicant is a fit and proper person;
(c) whether all relevant Commonwealth liabilities of the applicant have been paid;
(d) if one or more relevant Commonwealth liabilities of the applicant have not been paid—whether the non‑payment is due to exceptional circumstances;
(e) whether the applicant is, and is likely to continue to be, able to comply with the conditions to which the export licence, if renewed, would be subject;
(f) any other matters prescribed by the rules.
Note 1: The Minister must have regard to the matters in section 175 in considering whether the applicant is a fit and proper person for the purposes of paragraph (b).
Note 2: For the purposes of paragraph (c), a relevant Commonwealth liability of a person is taken to have been paid in certain circumstances (see section 181).
(4) In deciding whether to renew an export licence, the Minister may have regard to any other matter that the Minister considers relevant.
(5) If the Minister renews the export licence, the Minister must:
(a) decide that the licence remains in force until a specified event occurs (which cannot occur more than 3 years after the day the renewed licence takes effect); or
(b) set an expiry date for the licence (which cannot be more than 3 years after the day the renewed licence takes effect).
Note: A decision under this subsection is a reviewable decision (see section 151) and the Minister must give the person written notice of the decision (see section 152).
(6) The Minister may set an expiry date for the export licence under paragraph (5)(b) even if rules made for the purposes of subsection 37(5) apply in relation to the licence.
(1) If the Minister renews an export licence, the renewed licence is subject to:
(a) the conditions provided by this Act; and
(b) the conditions prescribed by rules made for the purposes of paragraph 35(1)(b) (other than any of those conditions that the Minister decides are not to be conditions of the licence); and
(c) any additional conditions that the Minister considers appropriate and that are specified in the licence.
Note 1: See subsection 64(4) for a condition of an export licence.
Note 2: The holder of an export licence may commit an offence or be liable to a civil penalty if a condition of the licence is contravened (see section 59).
Note 3: An export licence may be suspended or revoked if a condition of the licence is contravened (see sections 46 and 54).
Note 4: A decision to renew an export licence subject to additional conditions is a reviewable decision (see section 151) and the Minister must give the person written notice of the decision (see section 152).
(2) Without limiting paragraph (1)(c), the Minister may impose conditions:
(a) that are required to be complied with before or after the export of the waste material to which the conditions relate; or
(b) that relate to the objects of this Act.
If an export licence is renewed, the Minister must give the applicant a new export licence stating the information referred to in subsection 36(2).
(1) The holder of an export licence may apply to the Minister:
(a) to vary the conditions of the licence (including by imposing new conditions); or
(b) to vary the licence in relation to any of the following matters (including by adding or removing any of those matters):
(i) kinds of regulated waste material;
(ii) kinds of export operations;
(iii) if applicable, places to which regulated waste material may be exported; or
(c) if the licence is expressed to remain in force until a specified event occurs—to vary the licence by varying the specified event (which must not occur more than 3 years after the day the licence took effect); or
(d) if there is an expiry date for the licence (whether under paragraph 37(4)(a) or (b))—to vary the licence by setting a different expiry date for the licence (which must not be more than 3 years after the day the licence took effect); or
(e) to vary the licence to make a minor change to a matter stated in the licence (including to correct a minor or technical error); or
(f) to vary any other aspect of the licence.
Note: See sections 172, 173 and 174 for additional matters relating to applications.
(2) An application cannot be made for a variation that would extend the period in which the licence is in force beyond 3 years from the day the licence took effect.
(3) If the Minister receives an application to make a variation, the Minister must decide:
(a) to make the variation; or
(b) to refuse to make the variation.
Note 1: See section 174 for matters relating to dealing with applications.
Note 2: A decision to refuse the application is a reviewable decision (see section 151) and the Minister must give the applicant written notice of the decision (see section 152).
(4) In deciding whether to make a variation, the Minister must have regard to the following matters:
(a) the objects of this Act;
(b) whether all relevant Commonwealth liabilities of the applicant have been paid;
(c) if one or more relevant Commonwealth liabilities of the applicant have not been paid—whether the non‑payment is due to exceptional circumstances;
(d) whether the applicant is, and is likely to continue to be, able to comply with the conditions to which the export licence, if varied, would be subject;
(e) any other matters prescribed by the rules.
Note: For the purposes of paragraph (b), a relevant Commonwealth liability of a person is taken to have been paid in certain circumstances (see section 181).
(5) Despite subsection (4), the Minister need not have regard to those matters if the application is for a variation:
(a) to set an earlier expiry date for the licence; or
(b) to make a minor change to a matter stated in the licence (including to correct a minor or technical error); or
(c) of a kind prescribed by the rules.
(6) In deciding whether to make a variation, the Minister may have regard to any other matter that the Minister considers relevant.
(1) If the Minister varies an export licence under paragraph 42(3)(a), the Minister must give the holder of the licence written notice of the variation.
(2) The notice must state the following:
(a) details of the variation;
(b) if the variation is of the conditions of the export licence—the varied conditions;
(c) the day the variation takes effect;
(d) any other information prescribed by the rules.
(3) If the export licence needs to be changed to take account of the variation, the Minister must give the holder of the licence a new export licence including the variation.
Note: The export licence, as varied, remains in force as provided by section 37.
(1) The Minister may do any of the following in relation to an export licence:
(a) vary the conditions of the licence (including by imposing new conditions);
(b) vary the licence in relation to any of the following matters (including by adding or removing any of those matters):
(i) kinds of regulated waste material;
(ii) kinds of export operations;
(iii) if applicable, places to which regulated waste material may be exported;
(c) if the licence is expressed to remain in force until a specified event occurs—vary the licence by varying the specified event (which must not occur more than 3 years after the day the licence took effect);
(d) if there is an expiry date for the licence (whether under paragraph 37(4)(a) or (b))—vary the licence by setting a different expiry date for the licence (which must not be more than 3 years after the day the licence took effect);
(e) vary the licence to make a minor change to a matter stated in the licence (including to correct a minor or technical error);
(f) vary any other aspect of the licence.
Note: Certain decisions under this subsection are reviewable decisions (see section 151).
(2) The Minister may vary the export licence only if the Minister reasonably believes that:
(a) a condition of the licence has been, or is being, contravened; or
(b) it is necessary to do so to ensure compliance with the requirements of this Act in relation to the regulated waste material and the export operations covered by the licence; or
(c) it is necessary to do so to prevent or lessen a threat to human or environmental health; or
(d) the holder is not a fit and proper person; or
(e) it is necessary to do so:
(i) to take account of an event notified under section 61; or
(ii) to correct a minor or technical error; or
(f) the holder of the licence:
(i) failed to comply with a direction given to the holder by an authorised officer or the Minister; or
(ii) failed to comply with a request by an authorised officer to provide information or a document; or
(iii) failed to provide facilities and assistance to an auditor as required by section 115; or
(iv) failed to comply with a request made by an auditor under section 113; or
(g) the holder of the licence:
(i) intimidated a person performing functions or exercising powers under this Act; or
(ii) hindered a person, or prevented a person from, performing functions or exercising powers under this Act; or
(h) the holder of the licence or any other person who participates in the management or control of the holder’s export business (as provided by section 62):
(i) made a false or misleading statement in an application under this Act; or
(ii) gave false or misleading information or documents to the Minister or to another person performing functions or exercising powers under this Act; or
(iii) gave false or misleading information or documents to a person under a prescribed law; or
(i) the licence needs to be varied for any other reason prescribed by the rules.
Note: The Minister must have regard to the matters in section 175 in considering whether the holder is a fit and proper person for the purposes of paragraph (d).
(3) The Minister must not vary the export licence unless the Minister has given a written notice to the holder of the licence in accordance with subsection (4).
(4) The notice must:
(a) specify each proposed variation; and
(b) specify the grounds for each proposed variation; and
(c) subject to subsection (5), request the holder of the export licence to give the Minister, within 14 days after the day the notice is given, a written statement showing cause why the proposed variation should not be made; and
(d) include a statement setting out the holder’s right to seek review of a decision to make the proposed variation.
(5) The notice is not required to include the request referred to in paragraph (4)(c) if the Minister reasonably believes that the proposed variation is necessary to prevent or lessen a serious and imminent threat to human or environmental health.
(6) Subsections (2) and (3) do not apply to a variation under:
(a) paragraph (1)(d) to set a later expiry date for an export licence; or
(b) paragraph (1)(e).
(1) If the Minister makes a variation under subsection 44(1) in relation to an export licence, the Minister must give the holder of the licence written notice of the variation.
(2) The notice must state the following:
(a) details of the variation;
(b) if the variation is of the conditions of the export licence—the varied conditions and any new conditions;
(c) if the variation affects the period of effect of the licence:
(i) the expiry date for the licence under paragraph 37(4)(a) or (b) (whichever applies); or
(ii) if the licence is expressed to remain in force until a specified event occurs—that the licence remains in force until the event occurs or is earlier revoked;
(d) the date the variation takes effect;
(e) any other information prescribed by the rules.
(3) If the holder was given a notice under subsection 44(3) that included the request referred to in paragraph 44(4)(c), the variation must not take effect before the earlier of the following:
(a) the day after any response to the request is received by the Minister;
(b) the end of 14 days after the notice was given.
(4) If the export licence needs to be changed to take account of the variation, the Minister must give the holder of the licence a new export licence including the variation.
Note: The export licence, as varied, remains in force as provided by section 37.
(1) The Minister may suspend an export licence in relation to one or more kinds of regulated waste material, one or more kinds of export operations or one or more places to which the regulated waste material may be exported, if the Minister reasonably believes any of the following:
(a) a condition of the licence has been, or is being, contravened;
(b) the holder of the licence has contravened a requirement of this Act in relation to the licence;
(c) it is necessary to do so to prevent or lessen a threat to human or environmental health;
(d) the holder of the licence is not a fit and proper person;
(e) the holder of the licence:
(i) failed to comply with a direction given to the holder by an authorised officer or the Minister; or
(ii) failed to comply with a request by an authorised officer to provide information or a document; or
(iii) failed to provide facilities and assistance to an auditor as required by section 115; or
(iv) failed to comply with a request made by an auditor under section 113;
(f) the holder of the licence:
(i) intimidated a person performing functions or exercising powers under this Act; or
(ii) hindered a person, or prevented a person from, performing functions or exercising powers under this Act;
(g) the holder of the licence or any other person who participates in the management or control of the holder’s export business (as provided by section 62):
(i) made a false or misleading statement in an application under this Act; or
(ii) gave false or misleading information or documents to the Minister or to another person performing functions or exercising powers under this Act; or
(iii) gave false or misleading information or documents to a person under a prescribed law;
(h) the holder of the licence is or was an associate of a person referred to in paragraph 63(1)(a), (b), (c) or (d);
(i) a ground prescribed by the rules exists.
Note 1: The Minister must have regard to the matters in section 175 in considering whether the holder is a fit and proper person for the purposes of paragraph (d).
Note 2: A suspension must not be for more than 12 months (see section 49).
Note 3: A decision to suspend an export licence under this section is a reviewable decision (see section 151) and the Minister must give the person written notice of the decision (see section 152).
Notice of proposed suspension
(2) The Minister must not suspend an export licence under this section unless the Minister has given a written notice to the holder of the licence in accordance with subsection (3).
(3) The notice must:
(a) specify each kind of regulated waste material, each kind of export operations and each place, in relation to which the export licence is proposed to be suspended (as applicable); and
(b) specify the grounds for the proposed suspension; and
(c) subject to subsection (4), request the holder of the export licence to give the Minister, within 14 days after the day the notice is given, a written statement showing cause why the licence should not be suspended as proposed; and
(d) include a statement setting out the holder’s right to seek review of a decision to suspend the licence as proposed.
(4) The notice is not required to include the request referred to in paragraph (3)(c) if the Minister reasonably believes that the suspension is necessary to prevent or lessen a serious and imminent threat to human or environmental health.
Notice of proposed suspension
(1) The Minister may suspend an export licence in relation to all kinds of regulated waste material and all kinds of export operations if:
(a) a relevant Commonwealth liability of the holder of the licence (the
debtor ) is more than 30 days overdue; and(b) the Minister has given a written notice to the debtor in accordance with subsection (2); and
(c) within 8 days after the notice is given:
(i) the relevant Commonwealth liability has not been paid; or
(ii) the debtor has not entered into an arrangement with the Minister to pay the relevant Commonwealth liability.
Note 1: A suspension must not be for more than 12 months (see section 49).
Note 2: A decision to suspend an export licence under this section is a reviewable decision (see section 151) and the Minister must give the person written notice of the decision (see section 152).
Note 3: If the Minister suspends an export licence under this section, the Minister may revoke the export licence in certain circumstances (see section 55).
(2) The notice must:
(a) state that a relevant Commonwealth liability of the debtor in relation to an export licence is more than 30 days overdue; and
(b) state that the Minister may suspend the export licence in relation to all kinds of regulated waste material and all kinds of export operations if, within 8 days after the notice is given:
(i) the relevant Commonwealth liability is not paid; or
(ii) the debtor has not entered into an arrangement with the Minister to pay the relevant Commonwealth liability; and
(c) include a statement setting out the debtor’s right to seek review of a decision to suspend the export licence.
Minister may direct that activities not be carried out
(3) If the Minister suspends an export licence under subsection (1), the Minister may refuse to carry out, and direct a person not to carry out, specified activities or kinds of activities in relation to the debtor under this Act until the relevant Commonwealth liability has been paid.
Note: See also section 107 (general provisions relating to directions).
Action under this section does not affect liability to pay relevant Commonwealth liability
(4) Action by the Minister under this section does not affect the liability of the debtor to pay the relevant Commonwealth liability.
(1) If the Minister decides to suspend an export licence under this Part, the Minister must give the holder of the licence a written notice stating the following:
(a) that the export licence is to be suspended, for the period specified in the notice, in relation to all or specified kinds of regulated waste material, all or specified kinds of export operations and all or specified places to which the regulated waste material may be exported (as applicable);
(b) the reasons for the suspension;
(c) the day the suspension is to start;
(d) if the licence is suspended for a period—the period of the suspension;
(e) if the licence is suspended until a specified event occurs or action is taken—the event or action.
Note: The notice must also state the matters referred to in section 152.
(2) If the holder of the export licence was given a notice under subsection 46(2) that included the request referred to in paragraph 46(3)(c), the suspension must not start before the earlier of the following:
(a) the day after any response to the request is received by the Minister;
(b) the end of 14 days after the notice was given.
(1) A suspension of an export licence under this Division must not be for more than 12 months.
(2) The Minister may vary the period of a suspension of an export licence under this Division by written notice to the holder of the licence. However, the total period of a suspension must not be more than 12 months.
Note: A decision to extend the period of a suspension is a reviewable decision (see section 151) and the Minister must give the person written notice of the decision (see section 152).
The Minister may revoke a suspension of an export licence under this Division by written notice to the holder of the licence.
(1) If an export licence is suspended wholly or in part under this Part:
(a) export operations covered by the suspension must not be carried out; and
(b) the licence remains in force while it is suspended; and
(c) subject to rules made for the purposes of subsection (2), the requirements of this Act in relation to the licence (including the conditions of the licence) must be complied with while the licence is suspended.
(2) The rules may prescribe requirements of this Act (including conditions of an export licence) that are not required to be complied with during any period when the licence is suspended.
(1) A person contravenes this subsection if:
(a) the person is the holder of an export licence; and
(b) the person was given notice of suspension of the licence under subsection 48(1); and
(c) export operations that were covered by the suspension were carried out after the suspension took effect.
Fault‑based offence
(2) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
Civil penalty provision
(3) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 240 penalty units.
(1) The holder of an export licence (including a licence that is suspended wholly or in part under Part 7) may request the Minister to revoke the licence.
(2) A request under subsection (1) must:
(a) be in writing; and
(b) include the information (if any) prescribed by the rules.
(3) If the Minister receives a request from the holder of an export licence under subsection (1), the Minister must, by written notice to the holder, revoke the licence with effect on the day specified in the notice.
(4) Subsection (3) does not apply if, before the request under subsection (1) was made, the Minister:
(a) had given the holder of the export licence a notice under subsection 54(2) in relation to the licence; and
(b) had not decided whether to revoke the licence or not.
(1) The Minister may revoke an export licence (including a licence that is suspended wholly or in part under Part 7) if the Minister reasonably believes any of the following:
(a) a condition of the licence has been, or is being, contravened;
(b) the holder of the licence has contravened a requirement of this Act in relation to the licence;
(c) it is necessary to revoke the licence to prevent or lessen a threat to human or environmental health;
(d) the holder of the licence is not a fit and proper person;
(e) the holder of the licence:
(i) failed to comply with a direction given to the holder by an authorised officer or the Minister; or
(ii) failed to comply with a request by an authorised officer to provide information or a document; or
(iii) failed to provide facilities and assistance to an auditor as required by section 115; or
(iv) failed to comply with a request made by an auditor under section 113;
(f) the holder of the licence:
(i) intimidated a person performing functions or exercising powers under this Act; or
(ii) hindered a person, or prevented a person from, performing functions or exercising powers under this Act;
(g) the holder of the licence or any other person who participates in the management or control of the holder’s export business (as provided by section 62):
(i) made a false or misleading statement in an application under this Act; or
(ii) gave false or misleading information or documents to a person performing functions or exercising powers under this Act; or
(iii) gave false or misleading information or documents to a person under a prescribed law;
(h) the holder of the licence is or was an associate of a person referred to in paragraph 63(1)(a), (b), (c) or (d);
(i) a ground prescribed by the rules exists.
Note 1: The Minister must have regard to the matters in section 175 in considering whether the holder is a fit and proper person for the purposes of paragraph (d).
Note 2: A decision to revoke an export licence under this section is a reviewable decision (see section 151) and the Minister must give the former holder of the licence written notice of the decision (see section 152).
Notice of proposed revocation
(2) The Minister must not revoke an export licence under this section unless the Minister has given a written notice to the holder of the licence in accordance with subsection (3).
(3) The notice must:
(a) specify the grounds for the proposed revocation; and
(b) subject to subsection (4), request the holder of the export licence to give the Minister, within 14 days after the day the notice is given, a written statement showing cause why the licence should not be revoked; and
(c) include a statement setting out the holder’s right to seek review of a decision to revoke the licence.
(4) The notice is not required to include the request referred to in paragraph (3)(b) if the Minister reasonably believes that the revocation is necessary to prevent or lessen a serious and imminent threat to human or environmental health.
(1) The Minister may revoke an export licence if:
(a) the licence is suspended under section 47 for non‑payment of a relevant Commonwealth liability; and
(b) within 90 days after the start of the suspension:
(i) the relevant Commonwealth liability had not been paid; or
(ii) the person (the
debtor ) who is liable to pay the relevant Commonwealth liability had not entered into an arrangement with the Minister to pay the relevant Commonwealth liability.Note: A decision to revoke an export licence under this section is a reviewable decision (see section 151) and the Minister must give the person written notice of the decision (see section 152).
Minister may direct that activities not be carried out
(2) If the Minister revokes an export licence under subsection (1), the Minister may refuse to carry out, and direct a person not to carry out, specified activities or kinds of activities in relation to the debtor under this Act until the relevant Commonwealth liability has been paid.
Note: See also section 107 (general provisions relating to directions).
Action under this section does not affect liability to pay relevant Commonwealth liability
(3) Action by the Minister under this section does not affect the liability of the debtor to pay the relevant Commonwealth liability.
(1) If the Minister decides to revoke an export licence under this Division, the Minister must give the holder of the licence a written notice stating the following:
(a) that the licence is to be revoked;
(b) the reasons for the revocation;
(c) the day the revocation is to take effect.
Note: The notice must also state the matters referred to in section 152.
(2) If the holder of the export licence was given a notice under subsection 54(2) that included the request referred to in paragraph 54(3)(b), the revocation must not take effect before the earlier of the following:
(a) the day after any response to the request is received by the Minister;
(b) the end of 14 days after the notice was given.
(1) A person contravenes this subsection if:
(a) the person was the holder of an export licence; and
(b) the person was given notice of revocation of the licence under subsection 53(3) or 56(1); and
(c) export operations that were covered by the licence were carried out after the revocation took effect.
Fault‑based offence
(2) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
Civil penalty provision
(3) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 240 penalty units.
(1) This section applies if a person:
(a) was given notice of revocation of an export licence under subsection 53(3) or 56(1); or
(b) was the holder of an export licence revoked under Division 1 or 2.
(2) The Minister may, in writing, direct the person to take specified action, within a specified period after the export licence is revoked, in relation to the regulated waste material and export operations that were covered by the licence. The action must be action that is necessary for the purpose of achieving one or more objects of this Act.
(3) The direction must state that the person could commit an offence or be liable to a civil penalty if the person fails to comply with the direction.
Note: See also section 107 (general provisions relating to directions).
(4) A person contravenes this subsection if:
(a) the person is given a direction under subsection (2); and
(b) the person engages in conduct; and
(c) the conduct contravenes the direction.
Fault‑based offence
(5) A person commits an offence if the person contravenes subsection (4).
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
Civil penalty provision
(6) A person is liable to a civil penalty if the person contravenes subsection (4).
Civil penalty: 240 penalty units.
Export licence that is not suspended
(1) A person contravenes this subsection if:
(a) the person is the holder of an export licence; and
(b) the licence is not suspended wholly or in part under Part 7; and
(c) a condition of the licence is contravened.
Fault‑based offence
(2) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
Civil penalty provision
(3) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 600 penalty units.
Export licence that is suspended
(4) A person contravenes this subsection if:
(a) the person is the holder of an export licence; and
(b) the licence is suspended wholly or in part under Part 7; and
(c) a condition of the licence is contravened; and
(d) the condition is required to be complied with during the period of the suspension.
Fault‑based offence
(5) A person commits an offence if the person contravenes subsection (4).
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
(6) For the purposes of subsection (5), strict liability applies to paragraph (4)(d).
Civil penalty provision
(7) A person is liable to a civil penalty if the person contravenes subsection (4).
Civil penalty: 600 penalty units.
(1) The holder of an export licence must comply with subsection (2) if:
(a) the holder becomes aware that information included in an application made by the holder under this Chapter, or information or a document given to the Minister in relation to such an application, was incomplete or incorrect; or
(b) a change prescribed by the rules occurs.
(2) The holder of the export licence must, as soon as practicable, give the Minister additional or corrected information, to the extent that it is relevant to assessing whether the requirements of this Act in relation to a matter covered by the licence have been, are being or will be complied with.
Note: A person may commit an offence or be liable to a civil penalty if the person makes a false or misleading statement in an application or provides false or misleading information or documents (see sections 145, 146 and 147 of this Act and sections 136.1, 137.1 and 137.2 of the
Criminal Code ).
Civil penalty provision
(3) A person is liable to a civil penalty if:
(a) the person is required to give information to the Minister by subsection (2); and
(b) the person fails to comply with the requirement.
Civil penalty: 60 penalty units.
(1) The holder of an export licence must notify the Minister, in writing, as soon as practicable after any of the following events occurs:
(a) there is a change in the holder’s business structure;
(b) if the holder is an individual—the individual enters into a personal insolvency agreement under Part X of the
Bankruptcy Act 1966 ;
(a) a copy of the certificate;
(b) notice of the intention to produce the certificate as evidence in the proceedings.
Analyst may be required to attend for cross‑examination
(3) The defendant may (subject to subsection (4)) require the analyst who gave the certificate to be:
(a) called as a witness for the person who instituted the proceedings; and
(b) cross‑examined (as if the analyst had given evidence of the matters stated in the certificate).
Requirements for cross‑examining analyst
(4) The analyst may be required to be called as a witness for the person who instituted the proceedings only if:
(a) the person who instituted the proceedings has been given at least 4 days’ notice of the defendant’s intention to require the analyst to be called; or
(b) the court, by order, allows the defendant to require the analyst to be called.
Proof of certificate
(5) For the purposes of this Act, a document purporting to be a certificate given under section 167 is taken to be a certificate that has been given in accordance with that section, unless the contrary is established.
(1) A person must not engage in conduct that hinders or prevents another person from:
(a) performing functions or exercising powers under this Act; or
(b) complying with this Act or a direction given under this Act.
Fault‑based offence
(2) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
Civil penalty provision
(3) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 600 penalty units.
(1) A person contravenes this subsection if:
(a) the person engages in conduct; and
(b) the person does so with the intention of dishonestly influencing another person in the performance of the other person’s functions or duties, or the exercise of the other person’s powers, under this Act.
Fault‑based offence
(2) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
Civil penalty provision
(3) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 600 penalty units.
Applications under this Act must comply with certain requirements. A person who has made an application under this Act must give the recipient of the application additional or corrected information in certain circumstances.
There is a test for determining whether a person is a fit and proper person for the purposes of this Act, which includes the Minister having regard to whether the person is financially viable and whether the person has been convicted of certain offences.
The Minister must prepare an annual report on the operation of this Act and must also cause a review in relation to its operation and objects to be conducted within 10 years after the Act commences.
The Minister and the Secretary may delegate their powers and functions to certain persons. However, the Minister cannot delegate the power to make the rules or to publish a Minister’s priority list.
This Chapter also deals with other miscellaneous matters (such as treatment of partnerships and protection from civil proceedings).
This Chapter also gives the Minister the power to make rules for the purposes of this Act. The rules are a disallowable legislative instrument.
(1) An application under this Act must:
(a) if the Minister has approved, in writing, a manner for making an application—be made in an approved manner; and
(b) if the Minister has approved a form for making an application:
(i) include the information required by the form; and
(ii) be accompanied by any documents required by the form; and
(c) include the information (if any) prescribed by the rules; and
(d) be accompanied by any documents prescribed by the rules; and
(e) if rules made for the purposes of section 155 specify a fee that must accompany the application and payment of the fee has not been waived—be accompanied by the fee.
Note: A person may commit an offence or be liable to a civil penalty if the person makes a false or misleading statement in an application or provides false or misleading information or documents (see sections 145, 146 and 147 of this Act and sections 136.1, 137.1 and 137.2 of the
Criminal Code ).(2) The Minister may accept any information or document previously given to the Minister in connection with an application made under this Act as satisfying any requirement to give that information or document under subsection (1).
(3) An application is taken not to have been made if the application does not comply with the requirements in subsection (1) for the application.
(4) To avoid doubt, the Minister may approve:
(a) different forms for applications relating to different matters; or
(b) a single form for more than one kind of application.
(1) A person who has made an application to another person (the
recipient ) under this Act must comply with subsection (2) if:
(a) the person becomes aware that information included in the application, or information or a document given in relation to the application to the recipient, was incomplete or incorrect; or
(b) a change prescribed by the rules occurs.
(2) The person must, as soon as practicable, give the recipient additional or corrected information, to the extent that it is relevant to the consideration of the application.
Note: A person may commit an offence or be liable to a civil penalty if the person makes a false or misleading statement in an application or provides false or misleading information or documents (see sections 145, 146 and 147 of this Act and sections 136.1, 137.1 and 137.2 of the
Criminal Code ).
Civil penalty provision
(3) A person is liable to a civil penalty if:
(a) the person is subject to a requirement under subsection (2); and
(b) the person fails to comply with the requirement.
Civil penalty: 60 penalty units.
(1) The person to whom an application is made may do any of the following in relation to the application:
(a) request the applicant, or another person who the person considers may have information or documents relevant to the application or the applicant, to give the person further specified information or documents relevant to the application or the applicant;
(b) any other thing prescribed by the rules.
(2) A request under subsection (1) must:
(a) be in writing; and
(b) specify the period (which must not be longer than the period prescribed by the rules) within which the request must be complied with.
(1) This section applies for the purposes of determining whether a person is a fit and proper person for the purposes of this Act.
Note: The reference to this Act includes a reference to instruments made under this Act (see the definition of
this Act in section 10).(2) In determining whether the person is a fit and proper person for the purposes of a provision of this Act, the Minister must have regard to the following matters:
(a) whether the person is financially viable;
(b) whether the person has been convicted of an offence against, or ordered to pay a pecuniary penalty under, any of the following:
(i) this Act;
(ii) the
Biosecurity Act 2015 ;(iii) the
Carbon Credits (Carbon Farming Initiative) Act 2011 ;(iv) the
Environment Protection and Biodiversity Conservation Act 1999 ;(v) the
Export Control Act 2020 ;(vi) the
Hazardous Waste (Regulation of Exports and Imports) Act 1989 ;(vii) the
National Greenhouse and Energy Reporting Act 2007 ;(viii) the repealed
Product Stewardship Act 2011 ;(ix) the
Product Stewardship (Oil) Act 2000 ;(x) another Act prescribed by the rules;
(xi) the
Criminal Code or theCrimes Act 1914 , to the extent that it relates to an Act referred to in another subparagraph of this paragraph;(c) the person’s history of compliance with this Act;
(d) if the person has been an administrator of a co‑regulatory arrangement—whether the Minister did not approve, or cancelled the approval of, the co‑regulatory arrangement because the Minister was satisfied that the administrator was not a fit and proper person;
(e) if the person has made an application for an export licence or an application for renewal of an export licence—whether the application was refused;
(f) whether the person:
(i) has made a false or misleading statement in an application under this Act; or
(ii) gave false or misleading information or documents to a person performing functions or exercising powers under this Act;
(g) the history of the person in relation to environmental matters;
(h) whether a debt is due and payable by the person to the Commonwealth under any Act referred to in paragraph (b);
(i) any other matter prescribed by the rules in relation to the provision.
(3) In determining whether the person is a fit and proper person, the Minister may also have regard to the following matters:
(a) whether, under a law of a State or Territory, the person has been given a notice (however described) that:
(i) relates to an environmental matter; and
(ii) requires the person to take, or not to take, specified action to remedy non‑compliance, or suspected non‑compliance, with the law;
(b) the matters mentioned in subsection (2) as they apply to an associate of the person;
(c) whether the person, or an associate of the person, has been convicted of an offence against, or ordered to pay a pecuniary penalty under, an Australian law (other than an Act referred to in paragraph (2)(b));
(d) whether a debt is due and payable by the person, or an associate of the person:
(i) to the Commonwealth under any Act (other than one referred to in paragraph (2)(b)); or
(ii) to a State or Territory, under a law of the State or Territory.
(e) any other relevant matter.
(4) Nothing in this section affects the operation of Part VIIC of the
Crimes Act 1914 .Note: Part VIIC of the
Crimes Act 1914 includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them.
(1) This Act applies to a partnership as if it were a person, but with the changes set out in this section.
(2) An obligation that would otherwise be imposed on the partnership by this Act is imposed on each partner instead, but may be discharged by any of the partners.
(3) An offence against this Act that would otherwise have been committed by the partnership is taken to have been committed by each partner in the partnership at the time the offence was committed who:
(a) did the relevant act or made the relevant omission; or
(b) aided, abetted, counselled or procured the relevant act or omission; or
(c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).
(4) This section applies to a contravention of a civil penalty provision in a corresponding way to the way in which it applies to an offence.
(5) For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.
(1) This Act applies to an unincorporated association as if it were a person, but with the changes set out in this section.
(2) An obligation that would otherwise be imposed on the association by this Act is imposed on each member of the association’s committee of management instead, but may be discharged by any of the members.
(3) An offence against this Act that would otherwise have been committed by the association is taken to have been committed by each member of the association’s committee of management at the time the offence was committed who:
(a) did the relevant act or made the relevant omission; or
(b) aided, abetted, counselled or procured the relevant act or omission; or
(c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).
(4) This section applies to a contravention of a civil penalty provision in a corresponding way to the way in which it applies to an offence.
(1) This Act applies to a trust as if it were a person, but with the changes set out in this section.
Trusts with a single trustee
(2) If the trust has a single trustee:
(a) an obligation that would otherwise be imposed on the trust by this Act is imposed on the trustee instead; and
(b) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by the trustee.
Trusts with multiple trustees
(3) If the trust has 2 or more trustees:
(a) an obligation that would otherwise be imposed on the trust by this Act is imposed on each trustee instead, but may be discharged by any of the trustees; and
(b) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by each trustee of the trust at the time the offence was committed who:
(i) did the relevant act or made the relevant omission; or
(ii) aided, abetted, counselled or procured the relevant act or omission; or
(iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee).
Contraventions of civil penalty provisions
(4) This section applies to a contravention of a civil penalty provision in a corresponding way to the way in which it applies to an offence.
The Minister may enter into an arrangement with a relevant Minister of a State or Territory in relation to either or both of the following:
(a) the use of any place in the State or Territory for the purposes of this Act, and the control and management of the place;
(b) any matters necessary or convenient to be arranged in order to enable the Commonwealth, the State or the Territory to assist each other for the purposes of achieving the objects of this Act.
Note: The Secretary may enter into arrangements with State or Territory bodies for officers or employees of those bodies to be authorised officers under this Act (see section 128).
Protection for the Commonwealth and protected persons
(1) No civil proceeding lies against the Commonwealth or a person (a
protected person ) covered by subsection (3) in relation to anything done, or omitted to be done, in good faith:
(a) by a protected person in the performance or purported performance of a function or duty, or the exercise or purported exercise of a power, conferred by this Act; or
(b) by a person in providing, or purporting to provide, assistance, information or a document to a protected person, as a result of a request, direction or other requirement made by the protected person in the performance or purported performance of a function or duty, or the exercise or purported exercise of a power, conferred by this Act.
Protection for persons assisting protected persons
(2) No civil proceeding lies against a person in relation to anything done, or omitted to be done, in good faith by the person in providing, or purporting to provide, assistance, information or a document to a protected person, as a result of a request, direction or other requirement made by the protected person in the performance or purported performance of a function or duty, or the exercise or purported exercise of a power, conferred by this Act.
Protected persons
(3) A person is covered by this subsection if the person is, or was, any of the following:
(a) the Minister;
(b) the Secretary;
(c) an authorised officer;
(d) an officer or employee of the Department.
Relationship to section 183
(4) Subsection (1) is subject to section 183 (compensation for acquisition of property).
A relevant Commonwealth liability of a person is taken to have been paid for the purposes of a specified provision of this Act in the circumstances prescribed by the rules.
(1) The Secretary may arrange for the use, under the Secretary’s control, of computer programs for any purposes for which the Secretary or the Minister may, or must, make a decision covered by subsection (2).
(2) A decision is covered by this subsection if the decision is made under this Act and is prescribed by the rules.
(3) The Secretary must take all reasonable steps to ensure that decisions made by the operation of a computer program under an arrangement made under subsection (1) are correct.
(4) A decision made by the operation of a computer program under an arrangement made under subsection (1) is taken to be a decision made by the Secretary or the Minister (as the case requires).
(5) The Secretary or the Minister (as the case requires) may substitute a decision for a decision (the
initial decision ) made by the operation of a computer program if the Secretary or Minister is satisfied that the initial decision is incorrect.
(1) If the operation of this Act would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.
(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
(1) The Minister must prepare a report on the operation of this Act during each financial year.
(2) The Minister must do so as soon as practicable after the end of the financial year.
(3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.
(1) The Minister must cause a review of the following matters to be undertaken:
(a) the operation of this Act;
(b) the extent to which the objects of this Act have been achieved.
(2) The review must begin no later than 5 years after the commencement of this Act
(3) The persons who undertake the review must give the Minister a written report of the review.
(4) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day the Minister receives the report.
(1) The Minister may, in writing, delegate all or any of the Minister’s functions or powers under this Act to:
(a) the Secretary of the Department; or
(b) an SES employee or acting SES employee in the Department.
(2) Subsection (1) does not apply in relation to the Minister’s power to make rules under section 188 or to prepare and publish a Minister’s priority list.
(3) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.
(1) The Secretary may, in writing, delegate all or any of the Secretary’s powers or functions under this Act to an SES employee or acting SES employee in the Department.
(2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Secretary.
(1) The Minister may, by legislative instrument, make rules prescribing matters:
(a) required or permitted by this Act to be prescribed by the rules; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) Without limiting subsection 33(3A) of the
Acts Interpretation Act 1901 , the rules may prescribe a matter or thing differently for different kinds of persons, things or circumstances.
(3) Despite subsection 14(2) of the
Legislation Act 2003 , the rules may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in any other instrument or other writing as in force or existing from time to time.(4) To avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) directly amend the text of this Act.
(5) In this section, a reference to this Act does not include a reference to the rules.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Recycling and Waste Reduction Act 2020 | 119, 2020 | 15 Dec 2020 | 16 Dec 2020 (s 2(1) item 1) | |
Recycling and Waste Reduction (Consequential and Transitional Provisions) Act 2020 | 120, 2020 | 15 Dec 2020 | Sch 4: 1 Sept 2021 (s 2(1) item 3) Note: This amending title was affected by an editorial change (see C2021C00353) | — |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 | 38, 2024 | 31 May 2024 | Sch 7 (items 3, 16): 14 Oct 2024 (s 2(1) item 2) | — |
s 5............................................. | am No 38, 2024 |
s 10............................................ | am No 120, 2020 |
s 96............................................ | am No 38, 2024 |
s 154.......................................... | am No 38, 2024 |
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