Part 1 Preliminary
1.01 Name
of Regulations [see Note
1]
These Regulations are the Product Stewardship (Televisions and Computers) Regulations 2011.
1.02 Commencement
[see Note 1]
These Regulations commence on the day after they
are registered.
1.03 Definitions
(1) In these Regulations:
Act means the Product Stewardship Act 2011.
ASGC means the document titled Statistical
Geography Volume 1— Australian Standard Geographical Classification (ASGC)
(ABS catalogue number 1216.0), published by the Australian Statistician in July
2006.
class of products means a class of products
mentioned in subregulation 1.04 (1).
collection services has the meaning given by
regulation 3.02.
computer class means the class of products
mentioned in paragraph 1.04 (1) (b).
converted weight has the meaning given by
subregulation (2).
CPU is an abbreviation of central processing
unit.
import or manufacture share of a co‑regulatory
arrangement means the proportion of the scheme target that must be met
under the co‑regulatory arrangement, worked out under subregulation 3.04 (4).
inner regional area means inner regional
Australia, as described in the Remoteness Structure in the ASGC.
LCD is an abbreviation of liquid crystal
display.
manufacture, in relation to computers,
includes assembling the computer.
material recovery target means the proportion
of products in a class of products to be sent after recycling for processing
into useable materials in a particular financial year, worked out under
regulation 3.06.
metropolitan area means a major city of
Australia, as described in the Remoteness Structure in the ASGC.
MFD is an abbreviation of multifunction
device.
outer regional area means outer regional
Australia, as described in the Remoteness Structure in the ASGC.
percentage target means:
(a) the percentage of waste arising to be
recycled in a financial year; and
(b) in relation to a class of products for a
financial year — the percentage target set out in Schedule 2 in relation
to the class of products for the financial year.
product means a product in a class of
products mentioned in these Regulations.
product code means the code mentioned for a
product in Combined Australian Customs Tariff Nomenclature and Statistical
Classification, published by the Australian Customs and Border Protection
Service.
reasonable access — see regulation 3.03.
recycle, in relation to a product, means
initial processing of the product for the purpose of recovering useable
materials, and includes disassembly or shredding of the product.
recycling target, in relation to a class of
products, means the weight of products in that class that must be recycled in a
particular financial year by members of a co‑regulatory arrangement in relation
to the class of products, worked out under subregulation 3.04 (1).
related body corporate has the meaning given
by section 50 of the Corporations Act 2001.
remote area means remote Australia or very
remote Australia, as described in the Remoteness Structure in the ASGC.
scheme target means the total weight of
products in a class of products to be recycled in a particular financial year,
worked out under subregulation 3.04 (2).
television class means the class of products
mentioned in paragraph 1.04 (1) (a).
waste arising, in relation to a class of
products, means the estimate of new waste products in that class of products in
a particular financial year, worked out under subregulation 3.04 (3).
whole unit, in relation to a product, means a
unit of a product that has not been recycled.
(2) In these Regulations, converted weight,
in relation to a product (identified by product code), means the weight of the
product worked out by multiplying the number of units of the product by the
conversion factor mentioned for the product in Schedule 3.
1.04 Application
(1) These Regulations apply to the following classes of
products:
(a) televisions;
(b) computers, printers and computer products.
(2) However, these Regulations do not apply to computers
manufactured in Australia.
(3) Each class of products contains products which are
set out, along with each product’s product code, in Schedule 1.
1.05 Constitutional
connection
For paragraph 34 (2) (a) of the Act,
these Regulations are made in accordance with paragraph 34 (1) (a) of the Act.
Note This means that each liable party in
relation to the classes of products to which these Regulations apply is a
constitutional corporation.
Part 2 Liable
parties and administrators of co‑regulatory arrangements
Division 2.1 Liable parties
2.01 Liable
parties — classes of persons
(1) For subsection 19 (1) of the Act, this Division
specifies the classes of persons who are liable parties in relation to the
classes of products.
Liable parties for television class
(2) A person is in the class of persons who are liable
parties in relation to the television class for a financial year if the person,
in that financial year:
(a) is a constitutional corporation; and
(b) satisfies the criterion in regulation 2.02 as
it relates to the television class.
Liable parties for computer class
(3) A person is in the class of persons who are liable
parties in relation to the computer class for a financial year if the person,
in that financial year:
(a) is a constitutional corporation; and
(b) satisfies the criterion in regulation 2.02 as
it relates to the computer class.
2.02 Criterion —
import or manufacture products in previous financial year
(1) To satisfy this
criterion for a financial year, the person must have imported into, or
manufactured in, Australia in the previous financial year more than the number
of products specified in subregulation (2) for the class of products.
Example
The person imports 3 000 televisions into Australia
and manufactures 2 500 televisions in Australia. The person will satisfy
the criterion in this regulation.
(2) For subregulation (1), the numbers are:
(a) for the television class — 5 000 units
of televisions; and
(b) for the computer class:
(i) 5 000 units of computers or
printers; or
(ii) 15 000 units of computer
products.
(3) For this regulation, a product is taken to be
imported into Australia if:
(a) the product is the subject of an import
declaration under section 71A of the Customs Act 1901; and
(b) the product has been entered for home
consumption under paragraph 68 (3A) (a) of that Act.
Related bodies corporate
(4) Subregulation (5) does not apply in relation to
computer products.
(5) For this regulation, a person is taken to have
imported or manufactured a unit of products in the class of products in the
previous financial year if:
(a) a related body corporate of the person
imported or manufactured the unit in the previous financial year; and
(b) the person
imported or manufactured more than 1 000 units of products in the class of
products in the previous financial year.
Examples
1 A
person imports 2 500 computers into Australia and a related body corporate
of the person manufactures 3 000 printers in Australia. The person will
satisfy the criterion in this regulation.
2 A
person imports 900 televisions into Australia and a related body corporate of
the person imports 5 000 televisions into Australia. The person will not
satisfy the criterion in this regulation.
2.03 Ongoing
obligation to be a liable party
(1) This regulation applies if, for a financial year:
(a) a person is in a class of persons who are
liable parties in relation to a class of products; and
(b) the person is not a member of a co‑regulatory
arrangement in relation to the class of products.
Note Subsection 18 (1) of the Act
requires a liable party in relation to a class of products to be a member of a
co‑regulatory arrangement in relation to the class of products.
(2) Despite subregulations 2.01 (2) and (3), the
person is taken to be in the class of persons who are liable parties in
relation to the class of products for the next financial year.
Example
A person is a liable party in relation to the television
class for a financial year but fails to be a member of a co‑regulatory
arrangement in relation to the television class for that financial year. The
person is taken to be a liable party in relation to the television class for
the next financial year, regardless of whether the person meets the criterion
in regulation 2.02.
(3) Subregulation (2) continues to apply to the person
in each financial year until the person becomes a member of a co‑regulatory
arrangement in relation to the class of products for a financial year.
Division 2.2 Administrators of co‑regulatory arrangements
2.04 Administrator
to be fit and proper person
For subsections 26 (3) and 28 (2) of the
Act, in determining whether an administrator of a co‑regulatory arrangement is
a fit and proper person, the Minister must have regard to the following
matters:
(a) any conviction of the administrator, or an
executive officer of the administrator, for an offence against the Act
committed within the 10 years immediately before the determination;
(b) any conviction of the administrator, or an
executive officer of the administrator, for an offence against another law of
the Commonwealth, or a law of a State or Territory, if that offence was
committed within the 10 years immediately before the determination;
(c) any civil penalty order made against the
administrator, or an executive officer of the administrator, for a
contravention of a civil penalty provision in the Act or these Regulations, if
that contravention occurred within the 10 years immediately before the
determination;
(d) whether an executive officer of the
administrator is bankrupt, or has applied for bankruptcy;
(e) whether any statement by the administrator,
or an executive officer of the administrator, in an application under the Act
was false or misleading in a material particular, and whether the administrator
or executive officer knew that the statement was false or misleading;
(f) whether an executive officer of the
administrator has been disqualified from managing corporations under Part 2D.6
of the Corporations Act 2001;
(g) whether the administrator is an externally‑administered
body corporate within the meaning given by section 9 of the Corporations Act
2001.
Part 3 Outcomes
for co‑regulatory arrangements
Division 3.1 Outcomes
3.01 Outcomes
(1) For subsection 19 (1) and section 21 of
the Act, the outcomes to be achieved by a co‑regulatory arrangement in relation
to a class of products are as follows:
(a) reasonable access to collection services in
metropolitan, inner regional, outer regional and remote areas must be provided
in accordance with regulation 3.03 by 31 December 2013;
(b) the recycling targets worked out under
regulation 3.04 for each product in the class must be met;
(c) in the financial year starting on 1 July
2014, and in each subsequent financial year, the material recovery target
worked out under regulation 3.06 must be met.
(2) To achieve the outcomes mentioned in paragraphs
(1) (a) and (b), the administrator of the co‑regulatory arrangement in
relation to a class of products must ensure that, under the co‑regulatory
arrangement:
(a) a person must not be charged for the
collection of a product for recycling if the product was used by the person
only:
(i) for personal, domestic or
household purposes; or
(ii) in relation to a small business;
and
(b) collection of a product in the class of
products for recycling is not refused on the grounds of the type or the brand
of the product.
Division 3.2 Collection
3.02 Collection
services
Collection services include the following:
(a) programs under which consumers can submit
products for recycling by mail or courier;
(b) events at which consumers may submit products
for recycling;
(c) collection stations established solely for
consumers to submit products for recycling;
(d) locations where consumers may submit products
for recycling, but which are also used for other purposes;
(e) programs under which consumers may register
products for collection at a designated point within a specified time.
Examples for paragraph (d)
Retail outlets, local governments, not‑for‑profit
organisations.
Example for paragraph (e)
Registration through a toll free number or online.
3.03 Reasonable
access — general requirements
(1) Access to a collection service is reasonable if
access is provided in accordance with this regulation.
(2) A reference in this regulation to:
(a) a distance is the distance by road; and
(b) the population of an area or town is the
population of the area or town as determined in the 2006 Census of Population
and Housing, published on the website of the Australian Bureau of Statistics;
and
(c) the centre point of a town is the point of
intersection of the latitude and longitude identified as the location of the
town in the Gazetteer of Australia 2010 Release, published by Geoscience
Australia in February 2011.
Metropolitan areas
(3) For each metropolitan area, the number of collection
services provided in each financial year must at least equal the population of
that area divided by 250 000 and rounded up to the closest whole number.
Inner regional areas
(4) At least one service must be provided for every town
of 10 000 people or more in each financial year.
(5) A service will be provided to a town mentioned in
subregulation (4) if the service is available within 100km of the centre point
of that town.
Outer regional areas
(6) At least one service must be provided for every town
of 4 000 people or more in each financial year.
(7) A service will be provided to a town mentioned in
subregulation (6) if the service is available within 150km of the centre point
of that town.
Remote areas
(8) At least one service must be provided for every town
of 2 000 people or more, once every 2 financial years.
(9) A service will be provided to a town mentioned in
subregulation (8) if the service is available within 200km of the centre point
of that town.
Division 3.3 Recycling
3.04 Working
out recycling targets
(1) A recycling target for a class of products is worked
out by multiplying the scheme target for that class of products by the import
or manufacture share of the co‑regulatory arrangement for that class of
products.
Scheme target
(2) The scheme target is worked out by multiplying the
percentage target for a class of products for a particular financial year by
the waste arising for that class of products.
Note See Schedule 2 for the percentage
target for a class of products.
Waste arising
(3) The waste arising for a
class of products is worked out as follows:
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Step 1:
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work out the total converted weight of all products in the
class of products imported or manufactured over the last 3 financial
years;
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Step 2:
|
work out the annual average converted weight of products
by dividing the result in step 1 by 3;
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Step 3:
|
multiply the result in step 2 by 0.9.
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Note The Minister will publish, annually,
the total converted weight of each product in a class of products imported or
manufactured in each of the last 3 financial years.
Import or manufacture share of a co‑regulatory arrangement
(4) The import or
manufacture share of a co‑regulatory arrangement is worked out as follows:
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Step 1:
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for each product in the class of products, work out the
converted weight of units of the product imported or manufactured by members
of the co‑regulatory arrangement in the previous financial year;
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Step 2:
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for each product in the class of products, work out the
converted weight of units of the product exported by members of the co‑regulatory
arrangement in the previous financial year;
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Step 3:
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for each product in the class of products, subtract the
result in step 2 from the result in step 1;
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Step 4:
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work out the total converted weight of products in the
class of products by adding together the results worked out in step 3;
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Step 5:
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divide the result in step 4 by the total converted weight
of products in the class of products imported or manufactured by liable
parties in the previous financial year, less the total converted weight of
products exported by liable parties in that year.
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Note The Minister will publish, annually,
the total converted weight of products in each class of products imported or
manufactured by liable parties, less products exported, in the previous
financial year. This is worked out by subtracting the converted weight of
products in each class of products exported by liable parties in that year from
the converted weight of products in each class of products imported or
manufactured by liable parties in that year.
(5) Subregulation (6) applies if:
(a) a liable party failed to be a member of a co‑regulatory
arrangement for one or more financial years; and
(b) the liable party imported, manufactured or
exported products in a class of products during those financial years.
(6) In the first subsequent financial year when the
liable party is a member of a co‑regulatory arrangement, the products mentioned
in paragraph (5) (b) are to be taken into account in steps 1 and 2 of
subregulation (4) as if those products were imported, manufactured or exported
in the previous financial year.
(7) A product exported by a member of the co‑regulatory
arrangement in the previous financial year must not be taken into account for
steps 2 and 5 of subregulation (4) unless the administrator of the
arrangement has given the Minister, by 15 September of the financial year
for which the recycling target is being worked out, the following:
(a) a report that includes the following
details about exports by members of the arrangement:
(i) the total number of units of each
product (identified by product code) exported by members in the previous
financial year;
(ii) the total weight of all products
in the class of products exported by members in the previous financial year,
worked out by adding up the converted weight for each product;
(iii) evidence that each exported
product was imported or manufactured by the member that exported it no more
than 1 year before the product was exported;
(b) a report about an audit of the exports
mentioned in paragraph (a) that:
(i) is prepared by:
(A) a person that is a
registered company auditor under section 1280 of the Corporations Act
2001; or
(B) a company that is an
authorised audit company under section 1299C of the Corporations Act 2001;
and
(ii) includes a statement, from the
person or company preparing the report, that the report mentioned in paragraph
(a) is accurate.
3.05 How
recycling targets may be met
(1) A product in a class of products will be taken to
be recycled if:
(a) it is recycled under a co‑regulatory
arrangement; or
(b) it is recycled after these Regulations
commence by a liable party who subsequently becomes a member of a co‑regulatory
arrangement.
When target is exceeded in a financial year
(2) If a recycling target is exceeded in a particular
financial year by a particular amount (the excess amount), all or
part of the excess amount may be used to meet the recycling target in a
subsequent financial year.
(3) However, only up to 25% of the recycling target for
a subsequent financial year may be met from the excess amount.
Recycling target for 2012–2013 financial year
(4) Any recycling
undertaken during the financial year starting on 1 July 2011 may be taken into
account in meeting the recycling target for the financial year starting on 1
July 2012, and the limitation in subregulation (3) does not apply.
Note No recycling targets have been set
for the 2011–2012 financial year.
When target is not reached in a financial year
(5) If a recycling target is not achieved under a co‑regulatory
arrangement in a particular financial year:
(a) the co‑regulatory arrangement is taken not
to have achieved the outcomes for the arrangement in that financial year; and
(b) the amount by which the co‑regulatory
arrangement fell short of the recycling target for that financial year must be
added to the recycling target for the arrangement for the following financial
year.
Division 3.4 Material recovery from recycling
3.06 Material
recovery target
The material recovery target is 90% of the products
in a class of products, based on weight.
Part 4 Matters
to be dealt with by co‑regulatory arrangements
4.01 Matters
to be dealt with by co‑regulatory arrangements
For subsection 22 (1) of the Act, a co‑regulatory
arrangement must deal with the following matters:
(a) governance systems, including systems for:
(i) achieving the outcomes and meeting
the requirements in these Regulations; and
(ii) managing risk; and
(iii) resolving disputes; and
(iv) replacing the administrator;
(b) financial arrangements and funding to achieve
the outcomes and requirements in these Regulations;
(c) procedures in relation to membership of the
arrangement, including:
(i) requirements related to becoming,
or ceasing to be, a member; and
(ii) maintenance of confidential
information about members;
(d) communicating information to the public about
the arrangement, including the activities of the arrangement and how its
services can be accessed;
(e) assessing the adequacy of the environmental,
health and safety policies and practices in relation to the collection,
storage, transportation or recycling of products undertaken under the co‑regulatory
arrangement.
Part 5 Record
keeping, giving information and reporting
Division 5.1 Record keeping
5.01 Administrator
to keep records
(1) For paragraph 24 (1) (a) of the Act, the
administrator of a co‑regulatory arrangement must make accurate records
relating to the administration or operation of the arrangement.
Civil penalty: 250 penalty units.
(2) The administrator must keep each record for 5 years
from the day the record is created.
Civil penalty: 250 penalty units.
(3) For this regulation, records includes
technical data, certifications and inspection records relating to the
following:
(a) the outcomes to be achieved by the co‑regulatory
arrangement specified in Part 3;
(b) the matters to be dealt with by the co‑regulatory
arrangement under Part 4;
(c) reporting requirements under Division 5.3.
Division 5.2 Giving information
Subdivision 5.2.1 Information to be
given by administrator
5.02 Administrator
to give information
(1) For paragraph 24 (1) (b) of the Act, the
administrator of a co‑regulatory arrangement must give the Minister, or notify
the Minister of, the information set out in this Subdivision.
Civil penalty: 250 penalty units.
(2) The administrator must give the Minister, or notify
the Minister of, the information within the time frame specified for the giving
or notifying of the information.
Civil penalty: 250 penalty units.
(3) The administrator must give the Minister, or notify
the Minister of, the information:
(a) for the information set out in regulations
5.03 to 5.06 — in a manner approved by the Minister; and
(b) for the information requested under
regulation 5.07 — in the specified format.
Civil penalty: 250 penalty units.
5.03 Material
change of circumstances for co‑regulatory arrangement
(1) The administrator of a co‑regulatory arrangement
must notify the Minister of any material change of circumstance for the co‑regulatory
arrangement within 28 days after the change.
(2) For subregulation (1), a change of circumstance is material
if it hinders:
(a) the ability of the co‑regulatory
arrangement to:
(i) achieve the outcomes specified in
Part 3; or
(ii) adequately deal with the matters
to be dealt with under Part 4; or
(b) the ability of the administrator to comply
with any requirements specified in these Regulations.
5.04 Yearly
information about membership of co‑regulatory arrangement
(1) The administrator of a co‑regulatory arrangement
must, by 8 September each year, give the Minister information about
the membership of the co‑regulatory arrangement as at 1 September of that
year.
(2) The information must
include:
(a) the number of members of the co‑regulatory
arrangement; and
(b) the name, and the trading name (if any), of
each member; and
(c) the ABN or ACN of each member; and
(d) the date each member became a member; and
(e) for each liable party that is no longer a
member of the co‑regulatory arrangement — the date the liable party ceased
to be a member.
(3) The administrator of a co‑regulatory arrangement
must also, by 8 April 2012, give the Minister the information mentioned in
subregulation (2) about the membership of the co‑regulatory arrangement as
at 1 April 2012.
5.05 Changes
in membership of co‑regulatory arrangement
(1) If a liable party becomes, or ceases to be, a member
of a co‑regulatory arrangement, the administrator of the co‑regulatory
arrangement must notify the Minister, in writing, of that change in the
membership within 28 days after the change occurs.
(2) For each liable party that becomes, or ceases to
be, a member of the co‑regulatory arrangement, the notice must include:
(a) the ABN or ACN of the liable party; and
(b) the date the liable party became a member;
and
(c) if the liable party has ceased to be a
member — the date the liable party ceased to be a member.
5.06 Whether
administrator is fit and proper person
(1) If any of the events mentioned in subregulation (2)
occur, the administrator of a co‑regulatory arrangement must notify the
Minister of the event within 28 days after an executive officer of the
administrator becomes aware of the event.
(2) For subregulation (1), the events are the
following:
(a) the administrator, or an executive officer
of the administrator, is convicted of an offence against:
(i) the Act; or
(ii) another law of the Commonwealth or
a law of a State or Territory;
(b) a civil penalty order is made against the
administrator, or an executive officer of the administrator, for a
contravention of a civil penalty provision in the Act or these Regulations;
(c) an executive officer of the administrator
becomes bankrupt or applies for bankruptcy;
(d) the administrator, or an executive officer of
the administrator, makes a false or misleading statement in relation to a
material particular in an application under the Act;
(e) an executive officer of the administrator is
disqualified from managing corporations under Part 2D.6 of the Corporations
Act 2001;
(f) the administrator becomes an externally‑administered
body corporate.
5.07 Requested
information
(1) The administrator of a co‑regulatory arrangement
must give the Minister any information relating to the administration or
operation of the co‑regulatory arrangement if the Minister requests, in
writing, that it be given.
(2) The administrator must give the information to the
Minister:
(a) within the period, or by the day, specified
in the written request; and
(b) if the written request specifies a format in
which the information must be given — in the format specified in the
request.
Subdivision 5.2.2 Information to be
given by liable parties
5.08 Liable
parties to give information
(1) For paragraph 24 (1)
(b) of the Act, a liable party in relation to a class of products must give the
Minister, or notify the Minister of, the information set out in this
Subdivision.
Civil penalty: 250 penalty units.
(2) The liable party must give the Minister, or notify
the Minister of, the information within the time frame specified for the giving
or notifying of the information.
Civil penalty: 250 penalty units.
(3) The liable party must give the Minister, or notify
the Minister of, the information:
(a) for the information set out in regulations
5.09 and 5.10 — in a manner approved by the Minister; and
(b) for the information requested under
regulation 5.11 — in the specified format.
Civil penalty: 250 penalty units.
5.09 Number
of products manufactured
(1) The liable party in relation to a class of products
must, by 1 September each year, notify the Minister of how many of each
product (identified by product code) in the class of products the liable party
manufactured (if any) in the previous financial year.
(2) The liable party must also, by 1 March 2012, notify
the Minister of how many of each product (identified by product code) in the
class of products the liable party manufactured (if any) in the financial year
starting on 1 July 2010.
5.10 Products
imported or manufactured by related bodies corporate
(1) The liable party in relation to a class of products
must, by 1 September each year, give the Minister the following
information about each related body corporate of the liable party that
manufactured or imported products in the class of products (other than computer
products) in the previous financial year:
(a) the name of the related body corporate;
(b) the ABN or ACN of the related body corporate;
(c) the date or dates the related body corporate
became a related body corporate of the liable party;
(d) the date or dates the related body corporate
ceased to be a related body corporate of the liable party, if applicable.
(2) The liable party must also, by 1 March 2012, give
the Minister the information mentioned in subregulation (1) about each related
body corporate of the liable party that manufactured or imported products in
the class of products (other than computer products) in the financial year
starting on 1 July 2010.
5.11 Requested
information
(1) The liable party in relation to a class of products
must give the Minister any information relating to products in that class if
the Minister requests, in writing, that it be given.
(2) The liable party must give the information to the
Minister:
(a) within the period, or by the day, specified
in the written request; and
(b) if the written request specifies a format in
which the information must be given — in the format specified in the
request.
Division 5.3 Reporting
Subdivision 5.3.1 Annual reports
5.12 Application
(1) This Subdivision, other than subregulation 5.14 (10),
applies in relation to the financial year starting on 1 July 2012, and each
subsequent financial year.
(2) Subregulation 5.14 (10) applies in relation to
the financial year starting on 1 July 2014, and each subsequent financial year.
5.13 Annual
report
(1) For subsection 24 (4) of the Act, the
administrator of a co‑regulatory arrangement must, for each financial year,
give the Minister a report in relation to the operation of the co‑regulatory
arrangement in the financial year (an annual report), in
accordance with this regulation.
Civil penalty: 250 penalty units.
(2) The annual report must be given to the Minister:
(a) by 30 October in the next financial year;
and
(b) in a manner approved by the Minister.
(3) The annual report must include the matters set out
in regulation 5.14.
Information relating to 2011–2012 financial year
(4) The annual report for the financial year starting on
1 July 2012 must also include the matters set out in regulation 5.14 in
relation to the operation of the co‑regulatory arrangement in the financial
year starting on 1 July 2011.
(5) For subregulation (4), the operation of the co‑regulatory
arrangement includes any recycling undertaken, after these Regulations commence,
in the financial year starting on 1 July 2011 by a liable party who
subsequently became a member of the co‑regulatory arrangement.
5.14 Matters
to be included in annual report
(1) The annual report must:
(a) identify the class or classes of products
covered by the co‑regulatory arrangement; and
(b) describe the performance of the co‑regulatory
arrangement in relation to each outcome to be achieved under Part 3; and
(c) describe any activities undertaken in
relation to the matters required to be dealt with by the co‑regulatory
arrangement under Part 4; and
(d) if an outcome was not achieved — explain why
the outcome was not achieved, and the measures proposed to be implemented to
rectify the failure to achieve the outcome; and
(e) include financial statements setting out the
revenue and expenditure of the co‑regulatory arrangement.
Details about membership
(2) The annual report must also include the number of
members of the co‑regulatory arrangement, and the following information about
each member:
(a) the name, and the trading name (if any), of
the member;
(b) if the co‑regulatory arrangement covers more
than one class of products — the class of products in relation to which
the member is a liable party;
(c) the ABN or ACN of the member;
(d) the date the member became a member;
(e) for each liable party that is no longer a
member of the co‑regulatory arrangement — the date the liable party ceased
to be a member.
Details about collection and storage of products
(3) The annual report
must also include the following in relation to the collection and storage of
products under the co‑regulatory arrangement:
(a) details about each collection service,
including the type of collection service, the location of the collection
service and the frequency of the collection service;
(b) the total weight of products in a class of
products collected in each of the following areas in each State and Territory:
(i) metropolitan areas;
(ii) inner regional areas;
(iii) outer regional areas;
(iv) remote areas;
(c) the total weight of products in a class of
products stored other than at a recycling facility.
Details about recycling of products
(4) The annual report must also include the following
in relation to recycling of products under the co‑regulatory arrangement:
(a) the total weight of products in a class of
products delivered to a recycling facility;
(b) the total weight of products in a class of
products recycled;
(c) the types of materials recovered from the
recycling of products in a class of products;
(d) the total weight of materials recovered from
the recycling of products in a class of products;
(e) the types of materials sent for disposal
from the recycling of products in a class of products;
(f) the total weight of materials sent for
disposal from the recycling of products in a class of products.
Details about exporting products
(5) The annual report must also include the following
in relation to products exported under the co‑regulatory arrangement:
(a) the total
weight of products in a class of products that are exported as whole units for
recycling;
(b) the country to which the products were
exported.
Details about contracted service providers
(6) The annual report must also include, for each class
of products, the following in relation to each service provider contracted to
provide collection, transportation, storage or recycling services in relation
to the co‑regulatory arrangement:
(a) the name of the service provider;
(b) the service provided by the service provider;
(c) the total weight of products recycled by the
service provider.
(7) For subregulation (6), service provider
includes:
(a) an overseas facility that receives whole
units of products exported from Australia under the co‑regulatory arrangement;
and
(b) if the administrator is providing services in
relation to the co‑regulatory arrangement beyond the role of being
administrator — the administrator in its capacity of providing those
services.
Details about environmental and OH&S incidents or breaches
(8) The annual report must also include details about
any of the following that occur in the course of the collection,
transportation, storage or recycling of products in a class of products under
the co‑regulatory arrangement:
(a) if an environmental law or an occupational
health and safety law requires a person to notify a public office holder or
public authority if a particular incident occurs — any of those incidents;
(b) a breach of an environmental law or an
occupational health and safety law.
(9) A reference in subregulation (8) to a law means a
law of the Commonwealth, or of a State or Territory.
Details to be provided from 2014–2015 financial year
(10) The annual report must also include the following
details in relation to the co‑regulatory arrangement:
(a) if a service provider mentioned in subregulation
(6) exports components that have been recycled from products in a class of
products — the weight of the components exported by the service provider
for processing;
(b) the country to which the components mentioned
in paragraph (a) were exported;
(c) the total weight of useable materials
recovered from products in a class of products;
(d) the total weight of non‑useable materials
sent to landfill from products in a class of products by each of the following
classes of facilities:
(i) domestic processing facilities;
(ii) overseas processing facilities.
Subdivision 5.3.2 Audit reports
5.15 Audit
report given at same time as annual report
(1) For subsection 24 (4) of the Act, when the
administrator of a co‑regulatory arrangement gives an annual report for a
financial year to the Minister, the administrator must also give the Minister a
report about an audit of the operation of the co‑regulatory arrangement (an audit
report) for the financial year, in accordance with this regulation.
Civil penalty: 250 penalty units.
(2) The audit report must be prepared by:
(a) a person that is a registered company
auditor under section 1280 of the Corporations Act 2001; or
(b) a company that is an authorised audit company
under section 1299C of the Corporations Act 2001.
(3) The audit report must include:
(a) an audit of the financial statements setting
out the revenue and expenditure of the co‑regulatory arrangement; and
(b) an audit of the performance of the co‑regulatory
arrangement in relation to each outcome to be achieved under Part 3; and
(c) a statement from the person or company
preparing the report that the audit was conducted in accordance with any
standard issued by the Auditing and Assurance Standards Board that applies to
the audit, as the standard exists at the time these Regulations commence; and
(d) a statement from the person or company
preparing the report as to whether the annual report for the financial year is
accurate and complies with regulation 5.13.