Commonwealth Consolidated Acts

RECYCLING AND WASTE REDUCTION ACT 2020 - SECT 77

Rules may specify liable parties

  (1)   A liable party , in relation to a product, is a person specified as a liable party in relation to that product in the rules.

  (2)   However, a person is a liable party in relation to a product only if the person:

  (a)   is a constitutional corporation; and

  (b)   has at any time:

  (i)   manufactured the product in Australia; or

  (ii)   imported the product into Australia; or

  (iii)   distributed the product in Australia; or

  (iv)   used the product in Australia.

Satisfying product stewardship criteria and furthering objects etc.

  (3)   Before the Minister makes rules for the purposes of subsection   (1) in relation to a product, the Minister must be satisfied that:

  (a)   making the rules in relation to the product will further the objects of this Act; and

  (b)   the product stewardship criteria are satisfied in relation to the product; and

  (c)   if rules made for the purposes of subsection   (1) are not already in force in relation to the product:

  (i)   the product has been notified by being included in a Minister's priority list at least 12 months beforehand; or

  (ii)   there are special circumstances justifying the making of the rules without that notification.

  (4)   If the Minister makes rules to which subparagraph   (3)(c)(ii) applies in relation to a product, the explanatory statement (within the meaning of the Legislation Act 2003 ) for the rules must include a statement setting out the special circumstances mentioned in that subparagraph.

Exempting liable parties

  (5)   The rules may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a product were not such a liable party:

  (a)   during a specified period; or

  (b)   indefinitely.

  (6)   The determination has effect accordingly.