Recycling and Waste Reduction Act 2020

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

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

is a constitutional corporation; and

has at any time:

manufactured the product in Australia; or

imported the product into Australia; or

distributed the product in Australia; or

used the product in Australia.

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

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

the product stewardship criteria are satisfied in relation to the product; and

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

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

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

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.

The rules may provide for the CEO 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:

during a specified period; or

indefinitely.

The determination has effect accordingly.