Recycling and Waste Reduction Act 2020

The CEO may cancel the approval of a co‑regulatory arrangement in relation to a product if the CEO is satisfied that:

a condition in subsection 85(3) is not satisfied in relation to the arrangement; or

the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 79 for the product; or

the arrangement does not adequately deal with any matters specified for the product in rules made for the purposes of section 80; or

the arrangement’s administrator is not a fit and proper person; or

the arrangement’s administrator has not complied with one or more of the following in relation to the arrangement:

section 81 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the rules);

an improvement notice given under section 88;

section 115 (which requires the administrator to provide an auditor with facilities and assistance in relation to conducting an audit);

rules made for the purposes of section 142 (making and retaining records); or

subsection 91(1) (replacing administrator) has not been complied with in relation to the arrangement; or

there has been a material change in circumstances since the arrangement was approved; or

any of the following information or documents were false or misleading:

information or documents given in connection with the application for approval;

information or documents given in connection with an application under subsection 91(1) (replacing administrator);

information or documents given at any other time in relation to this Act; or

a ground for cancelling the approval prescribed by the rules exists.

The CEO must have regard to the matters in section 175 in considering whether the administrator is a fit and proper person for the purposes of paragraph (d).

A decision to cancel the approval of a co‑regulatory arrangement in relation to a product is a reviewable decision (see section 151) and the CEO must give the administrator of the arrangement written notice of the decision (see section 152).

The CEO may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the CEO to do so.

See sections 172, 173 and 174 for additional matters relating to applications.

A decision to refuse to cancel the approval of a co‑regulatory arrangement in relation to a product is a reviewable decision (see section 151) and the CEO must give the administrator of the arrangement written notice of the decision (see section 152).