Waste Avoidance and Resource Recovery (Container Deposit Scheme) Regulations 2019

This regulation applies if —

the Minister proposes, of the Minister’s own initiative, to exercise a power under section 47ZQ(1) of the Act (the proposed action), other than the power to revoke the conditions that apply to the appointment of the Coordinator or the power to remove an administrator; and

regulation 30 does not apply.

The Minister must give the Coordinator a written notice about the proposed action that —

states the proposed action and, if the proposed action is to amend the conditions that apply to the appointment of the Coordinator or attach new conditions, states the proposed amendment or proposed new conditions; and

states the grounds for the proposed action; and

states the facts and circumstances that form the basis for the grounds; and

invites the Coordinator to make written submissions to the Minister about why the proposed action should not be taken; and

states the period (which must be at least 14 days after the notice is given to the Coordinator unless a shorter period is agreed by the Minister and the Coordinator) within which written submissions may be made (the submission period).

The Minister may ask the CEO to prepare a report about the submissions made by the Coordinator during the submission period.

The Minister may take the proposed action or, if the proposed action is to revoke the appointment of the Coordinator, appoint an administrator to the Coordinator (the alternative action) —

at any time after the Coordinator gives the Minister written notice that the Coordinator does not intend to make any submissions or any further submissions; or

if the Coordinator does not give the notice referred to in paragraph (a) during the submission period, after the end of the submission period.

The Minister —

must consider any written submissions made by the Coordinator within the submission period; and

must consider any report prepared by the CEO under subregulation (3); and

must consider the objects of Part 5A of the Act and whether the proposed action or the alternative action would assist in the achievement of those objects; and

may consider any other information the Minister considers relevant.

The Minister must give the Coordinator written notice —

that the Minister has taken the proposed action or the alternative action; or

that the Minister has decided not to take the proposed action.

A written notice under subregulation (6)(a) must specify the day the proposed action or the alternative action takes effect.