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Product Stewardship Act 2011
No longer in force
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Administered by
Department of Agriculture, Fisheries and Forestry
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C2016C00407 C05
05 March 2016
-
20 February 2018
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Table of contents
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Part 1—Introduction
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Division 1—Preliminary
1 Short title
2 Commencement
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Division 2—Guide to this Act
3 Guide to this Act
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Division 3—Objects of this Act and product stewardship criteria
4 Objects of this Act
5 Product stewardship criteria
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Division 4—The Dictionary
6 The Dictionary
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Division 5—Application of this Act
7 Act binds Crown
8 Extension to external Territories
9 Relationship to State and Territory laws
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Part 2—Voluntary product stewardship
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Division 1—Guide to this Part
10 Guide to this Part
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Division 2—Voluntary product stewardship
11 Exercising rights in product stewardship logo in accordance with accredited voluntary arrangement
12 What is an accredited voluntary arrangement
13 Accreditation of voluntary arrangements
14 What is a product stewardship logo
15 What are the Commonwealth’s intellectual property rights in a product stewardship logo
16 Commonwealth’s intellectual property rights not limited
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Part 3—Co-regulatory product stewardship
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Division 1—Guide to this Part
17 Guide to this Part
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Division 2—Requirements for liable parties and administrators of co-regulatory arrangements
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Subdivision A—Requirement for liable party to be member of approved co-regulatory arrangement
18 Liable party to be member of approved co-regulatory arrangement
19 Who is a liable party in relation to a class of products
20 What is an approved co-regulatory arrangement
21 Outcomes for co-regulatory arrangements
22 Matters to be dealt with by co-regulatory arrangements
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Subdivision B—Requirements for administrators of approved co-regulatory arrangements
23 Administrator to achieve outcomes for co-regulatory arrangement
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Subdivision C—Requirements for liable parties and administrators
24 Requirements relating to record-keeping, giving information and reporting
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Division 3—Approving co-regulatory arrangements
25 Approving co-regulatory arrangements—application
26 Approving co-regulatory arrangements—decision
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Division 4—Reviewing co-regulatory arrangements and cancelling approvals
27 Reviewing approved co-regulatory arrangements
28 Cancelling approvals of co-regulatory arrangements
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Division 5—Enforcing approved co-regulatory arrangements
29 Improvement notices
30 Directed audits—general
31 Directed audits—appointing auditor and carrying out audit
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Division 6—Other matters relating to co-regulatory product stewardship
32 Co-regulatory product stewardship—anti-avoidance
33 Co-regulatory product stewardship—replacing administrator
34 Co-regulatory product stewardship—constitutional connection
35 Co-regulatory product stewardship—reading down provision for administrators
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Part 4—Mandatory product stewardship
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Division 1—Guide to this Part
36 Guide to this Part
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Division 2—Mandatory product stewardship
37 Mandatory product stewardship requirements may be specified in regulations
38 Contravening mandatory product stewardship requirements
39 Mandatory product stewardship—satisfying product stewardship criteria and furthering objects etc.
40 Mandatory product stewardship—constitutional connection
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Part 5—Enforcing this Act
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Division 1—Guide to this Part
41 Guide to this Part
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Division 2—Civil penalty provisions
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Subdivision A—Obtaining a civil penalty order
42 Civil penalty orders
43 Maximum amount of pecuniary penalty
44 Involvement in contravening civil penalty provision
45 Civil enforcement of penalty
46 Conduct contravening more than one civil penalty provision
47 Multiple contraventions
48 Proceedings may be heard together
49 Civil evidence and procedure rules for civil penalty orders
50 Contravening a civil penalty provision is not an offence
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Subdivision B—Civil liability of executive officers of bodies corporate
51 Civil liability of executive officer of body corporate
52 Reasonable steps to prevent contravention
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Subdivision C—Civil proceedings and criminal proceedings
53 Civil proceedings after criminal proceedings
54 Criminal proceedings during civil proceedings
55 Criminal proceedings after civil proceedings
56 Evidence given in civil proceedings not admissible in criminal proceedings
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Subdivision D—Miscellaneous
57 Mistake of fact
58 State of mind
59 Continuing contraventions
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Division 3—Publicising offences, contraventions and decisions
60 Minister may publicise certain offences, contraventions and decisions
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Division 4—Enforceable undertakings
61 Acceptance of undertakings
62 Enforcement of undertakings
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Division 5—Injunctions
63 Injunctions
64 Granting interim injunctions
65 Discharging or varying injunctions
66 Certain limits on granting injunctions not to apply
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Part 6—Compliance powers
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Division 1—Guide to this Part
67 Guide to this Part
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Division 2—Powers of inspectors
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Subdivision A—Appointment of inspectors
68 Minister may appoint inspectors
69 Identity cards
70 Offence for failing to return identity card
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Subdivision B—Powers of inspectors
71 Purposes for which powers can be used
72 Inspection powers—with consent
73 Refusing consent is not an offence
74 Inspection powers—with warrant
75 Announcement before entry under warrant
76 Copy of warrant to be given to occupier
77 Occupier entitled to observe execution of warrant
78 Occupier to provide inspector with facilities and assistance
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Subdivision C—General provisions relating to seizure
79 Copies of seized things to be provided
80 Receipts for things seized
81 Return of seized things
82 Issuing officer may permit a thing to be retained
83 Disposal if thing cannot be returned
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Subdivision D—Applying for warrants to enter premises
84 Ordinary warrants
85 Warrants by telephone, fax etc.
86 Signed form of warrant not produced in evidence
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Subdivision E—Powers of issuing officers
87 Federal Circuit Court Judges—consent to nomination
88 Powers of issuing officers
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Division 3—Information gathering powers
89 Meaning of person who has product stewardship information
90 Minister may require a person to provide information
91 Minister may require a person to appear before an inspector
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Part 7—Reviewing decisions
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Division 1—Guide to this Part
92 Guide to this Part
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Division 2—Reviewing decisions
93 Persons affected by reviewable decisions
94 Notification of decisions and review rights
95 Internal review
96 Review of decisions by Administrative Appeals Tribunal
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Part 8—Protecting information
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Division 1—Guide to this Part
97 Guide to this Part
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Division 2—Protecting information
98 Offence—Disclosing commercially sensitive information
99 Authorised disclosures
100 Disclosing commercially sensitive information to courts and tribunals etc.
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Part 9—Miscellaneous
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Division 1—Guide to this Part
101 Guide to this Part
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Division 2—Miscellaneous
102 General requirements for making applications
103 Applications—requesting additional information
104 Privilege against self-incrimination not affected
105 Compensation for damage to electronic equipment
106 Compensation for acquisition of property
107 Annual report
108 Publishing material about arrangements
108A Publishing material about products being considered for accreditation or regulation under this Act
108B Product Stewardship Advisory Group
109 Review of operation of this Act
110 Delegation
111 Regulations
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Schedule 1—Product Stewardship Advisory Group
1 Membership of Advisory Group
2 Appointment of members of Advisory Group (other than the Chair)
3 Appointment of Chair of Advisory Group
4 Remuneration
5 Leave of absence
6 Procedures of Advisory Group
7 Disclosure of interests to the Minister
8 Disclosure of interests to the Advisory Group
9 Resignation
10 Termination of appointment
11 Other terms and conditions
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history