Recycling and Waste Reduction Act 2020

A liable party in relation to a product must be a member of an approved co‑regulatory arrangement in relation to that product.

A person commits an offence of strict liability if the person contravenes subsection (1).

A person is liable to a civil penalty if the person contravenes subsection (1).

The CEO cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:

the CEO has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and

the person has failed to comply with the notice.

The day specified in the notice must be at least 14 days after the day the notice is given.

A person to whom a notice has been given under subsection (4) may apply to the CEO to:

vary the notice to specify a later day; or

revoke the notice.

The application must be:

in writing; and

made before the day specified in the notice under subsection (4).

The CEO may, by written notice given to the person:

if paragraph (6)(a) applies—vary the notice to specify a later day; or

if paragraph (6)(b) applies—revoke the notice.

A decision under this subsection is a reviewable decision (see section 151) and the CEO must give the person written notice of the decision (see section 152).

Otherwise, the CEO must refuse the application.

Subsections (6) and (8) of this section do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (4) of this section.

Section 4K of the Crimes Act 1914 and section 93 of the Regulatory Powers Act apply in relation to a contravention of subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (4) of this section.