Part 1—Preliminary
1.01 Name of Regulations
These Regulations are the Product Stewardship (Televisions and Computers) Regulations 2011.
1.02 Commencement
These Regulations commence on the day after they are registered.
1.03 Definitions
In these Regulations:
Act means the Product Stewardship Act 2011.
ASGC means the document titled Statistical Geography Volume 1—Australian Standard Geographical Classification (ASGC) (ABS catalogue number 1216.0), published by the Australian Statistician in July 2006.
collection services has the meaning given by regulation 3.02.
computer means a product with a product code mentioned in Part 2 of Schedule 1, 1A or 1B.
computer part or peripheral means a product with a product code mentioned in Part 4 of Schedule 1, 1A or 1B.
converted weight, in relation to a number of units of a kind of television or computer product, means the number obtained by multiplying the number of units by the conversion factor mentioned for the product in column 3 of the relevant Schedule.
CPU is an abbreviation of central processing unit.
import or manufacture share: see regulation 3.04.
inner regional area means inner regional Australia, as described in the Remoteness Structure in the ASGC.
kind of television or computer product means a television or computer product with a distinct product code.
Example: Plasma televisions with a screen size less than 76cm have the distinct product code 8528.72.00.23. They are a kind of television or computer product.
LCD is an abbreviation of liquid crystal display.
manufacture, in relation to computers, includes assembling the computer.
material recovery target means the proportion of television or computer products to be sent after recycling for processing into useable materials in a particular financial year, worked out under regulation 3.06.
metropolitan area means a major city of Australia, as described in the Remoteness Structure in the ASGC.
MFD is an abbreviation of multifunction device.
outer regional area means outer regional Australia, as described in the Remoteness Structure in the ASGC.
percentage target, in relation to a television or computer product for a financial year, means the percentage target set out in Schedule 2 for the television or computer product for the financial year.
printer means a product with a product code mentioned in Part 3 of Schedule 1, 1A or 1B.
product code, for a television or computer product, means the code mentioned for the product in the document called the Combined Australian Customs Tariff Nomenclature and Statistical Classification.
Note: In 2013, the Combined Australian Customs Tariff Nomenclature and Statistical Classification was accessible on the Australian Customs and Border Protection Service website (www.customs.gov.au).
reasonable access—see regulation 3.03.
recycle, in relation to a television or computer product, means initial processing of the product for the purpose of recovering useable materials, and includes disassembly or shredding of the product.
recycling target: see regulation 3.04.
related body corporate has the meaning given by section 50 of the Corporations Act 2001.
relevant Schedule, for a unit of a television or computer product, means:
(a) for a unit imported or manufactured before 1 January 2012—Schedule 1; and
(b) for a unit imported or manufactured on or after 1 January 2012 and before 1 July 2012—Schedule 1A; and
(c) for a unit imported or manufactured on or after 1 July 2012—Schedule 1B.
remote area means remote Australia or very remote Australia, as described in the Remoteness Structure in the ASGC.
scheme target: see regulation 3.04.
television means a product with a product code mentioned in Part 1 of Schedules 1, 1A and 1B.
television or computer product: see subregulation 1.04(2).
waste arising: see regulation 3.04.
whole unit, in relation to a television or computer product,, means a unit of a television or computer product, that has not been recycled.
1.04 Application
(1) These Regulations apply to television or computer products.
(2) A television or computer product is:
(a) a television; or
(b) a computer that was manufactured outside Australia; or
(c) a printer; or
(d) a computer part or peripheral.
1.05 Constitutional connection
For paragraph 34(2)(a) of the Act, these Regulations are made in accordance with paragraph 34(1)(a) of the Act.
Part 2—Liable parties and administrators of co‑regulatory arrangements
Division 2.1—Liable parties
2.01 What this Division does
(1) This Division specifies the class of persons who are liable parties in relation to television or computer products; and
(2) This Division is made for subsection 19(1) of the Act.
2.02 Liable parties
Televisions
(1) A person is a liable party, for a financial year, if:
(a) the person is a constitutional corporation in that financial year; and
(b) in the previous financial year:
(i) the person imported or manufactured more than 5 000 televisions; or
(ii) the person, and a related body corporate, imported or manufactured more than 5 000 televisions, of which more than 1 000 were imported or manufactured by the person.
Note 1: An example of subparagraph (1)(b)(i) is a person who imported 4 000 televisions and manufactured 2 000 televisions.
Note 2: An example of subparagraph (1)(b)(ii) is a person who imported 2 000 televisions when a related body corporate imported 4 000 televisions.
Computers or printers
(2) A person is a liable party, for a financial year, if:
(a) the person is a constitutional corporation in that financial year; and
(b) in the previous financial year:
(i) the person imported or manufactured more than 5 000 computers or printers; or
(ii) the person, and a related body corporate, imported or manufactured more than 5 000 computers or printers, of which more than 1 000 were imported or manufactured by the person.
Note 1: An example of subparagraph (2)(b)(i) is a person who imported 4 000 computers and manufactured 2 000 printers.
Note 2: An example of subparagraph (2)(b)(ii) is a person who imported 2 000 computers when a related body corporate manufactured 4 000 printers.
Computer parts or peripherals
(3) A person is a liable party, for a financial year, if:
(a) the person is a constitutional corporation in that financial year; and
(b) in the previous financial year, the person imported or manufactured more than 15 000 computer parts or peripherals.
Obligation as liable party continues
(4) If:
(a) a person is a liable party for television or computer products in a financial year; and
(b) the person is not a member of a co‑regulatory arrangement on 30 June of that financial year;
the person continues to be a liable party, for those products, until the end of the financial year in which the person becomes a member of a co‑regulatory arrangement, regardless of whether the person would have been a liable party in that financial year but for this subregulation.
Definitions for regulation
(5) In this regulation:
imported, in relation to a product, means:
(a) the product is the subject of an import declaration under section 71A of the Customs Act 1901; and
(b) the product has been entered for home consumption under subsection 68(3A) of that Act.
manufactured means manufactured in Australia.
Division 2.2—Administrators of co‑regulatory arrangements
2.04 Administrator to be fit and proper person
For subsections 26(3) and 28(2) of the Act, in determining whether an administrator of a co‑regulatory arrangement is a fit and proper person, the Minister must have regard to the following matters:
(a) any conviction of the administrator, or an executive officer of the administrator, for an offence against the Act committed within the 10 years immediately before the determination;
(b) any conviction of the administrator, or an executive officer of the administrator, for an offence against another law of the Commonwealth, or a law of a State or Territory, if that offence was committed within the 10 years immediately before the determination;
(c) any civil penalty order made against the administrator, or an executive officer of the administrator, for a contravention of a civil penalty provision in the Act or these Regulations, if that contravention occurred within the 10 years immediately before the determination;
(d) whether an executive officer of the administrator is bankrupt, or has applied for bankruptcy;
(e) whether any statement by the administrator, or an executive officer of the administrator, in an application under the Act was false or misleading in a material particular, and whether the administrator or executive officer knew that the statement was false or misleading;
(f) whether an executive officer of the administrator has been disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001;
(g) whether the administrator is an externally‑administered body corporate within the meaning given by section 9 of the Corporations Act 2001.
Part 3—Outcomes for co‑regulatory arrangements
Division 3.1—Outcomes
3.01 Outcomes
(1) For subsection 19(1) and section 21 of the Act, the outcomes to be achieved by a co‑regulatory arrangement in relation to television or computer products are as follows:
(a) reasonable access to collection services in metropolitan, inner regional, outer regional and remote areas must be provided in accordance with regulation 3.03 before the later of:
(i) 31 December 2013; and
(ii) the end of 12 months after the co‑regulatory arrangement was approved;
(b) the recycling targets worked out under regulation 3.04 for each product in the class must be met;
(c) in the financial year starting on 1 July 2014, and in each subsequent financial year, the material recovery target worked out under regulation 3.06 must be met.
(2) To achieve the outcomes mentioned in paragraphs (1)(a) and (b), the administrator of the co‑regulatory arrangement in relation to television or computer products must ensure that, under the co‑regulatory arrangement:
(a) a person must not be charged for the collection of a television or computer product for recycling if the product was used by the person only:
(i) for personal, domestic or household purposes; or
(ii) in relation to a small business; and
(b) collection of television or computer products for recycling is not refused on the grounds of the type or the brand of the product.
Division 3.2—Collection
3.02 Collection services
Collection services include the following:
(a) programs under which consumers can submit television or computer products for recycling by mail or courier;
(b) events at which consumers may submit television or computer products for recycling;
(c) collection stations established solely for consumers to submit television or computer products for recycling;
(d) locations where consumers may submit television or computer products for recycling, but which are also used for other purposes;
(e) programs under which consumers may register television or computer products for collection at a designated point within a specified time.
Examples for paragraph (d)
Retail outlets, local governments, not‑for‑profit organisations.
Example for paragraph (e)
Registration through a toll free number or online.
3.03 Reasonable access—general requirements
(1) Access to a collection service is reasonable if access is provided in accordance with this regulation.
(2) A reference in this regulation to:
(a) a distance is the distance by road; and
(b) the population of an area or town is the population of the area or town as determined in the 2006 Census of Population and Housing, published on the website of the Australian Bureau of Statistics; and
(c) the centre point of a town is the point of intersection of the latitude and longitude identified as the location of the town in the Gazetteer of Australia 2010 Release, published by Geoscience Australia in February 2011.
Metropolitan areas
(3) For each metropolitan area, the number of collection services provided in each financial year must at least equal the population of that area divided by 250 000 and rounded up to the closest whole number.
Inner regional areas
(4) At least one service must be provided for every town of 10 000 people or more in each financial year.
(5) A service will be provided to a town mentioned in subregulation (4) if the service is available within 100km of the centre point of that town.
Outer regional areas
(6) At least one service must be provided for every town of 4 000 people or more in each financial year.
(7) A service will be provided to a town mentioned in subregulation (6) if the service is available within 150km of the centre point of that town.
Remote areas
(8) At least one service must be provided for every town of 2 000 people or more, once every 2 financial years.
(9) A service will be provided to a town mentioned in subregulation (8) if the service is available within 200km of the centre point of that town.
Division 3.3—Recycling
3.04 Working out recycling target
(1) The recycling target of a co‑regulatory arrangement, for a financial year, is the scheme target for that year multiplied by the co‑regulatory arrangement’s import or manufacture share for that year.
(2) The scheme target is the percentage target for a financial year (see Schedule 2) multiplied by the waste arising.
(3) Waste arising is worked out as follows:
Method statement
Step 1 Identify the total converted weight of all television or computer products imported or manufactured in the last 3 financial years.
Step 2 Work out the annual average converted weight of products by dividing the result of step 1 by 3.
Step 3 Multiply the result of step 2 by 0.9
Note: In 2013, the total converted weight was accessible on the department’s website (http://www.environment.gov.au/).
(4) The import or manufacture share, of a co‑regulatory arrangement, for a financial year (the current financial year), is worked out using the following steps:
Method statement
Step 1A For each kind of television or computer product, identify the total number of units imported or manufactured, in the previous financial year, by all liable parties who are members of the co‑regulatory arrangement during the current financial year.
Step 1B Multiply that number by the conversion factor for that kind of product (as set out in column 3 of the relevant Schedule).
Step 2A For each kind of television or computer product, identify the total number of units exported, in the previous financial year, by all liable parties who are members of the co‑regulatory arrangement on 15 September of the current financial year.
Step 2B Multiply that number by the conversion factor for that kind of product (as set out in column 3 of the relevant Schedule).
Step 3 For each kind of television or computer product, take the result of step 1B and subtract the result of step 2B.
Step 4 Add together each result of step 3.
Step 5A Identify the total converted weight of all television or computer products imported or manufactured by all liable parties in the previous financial year.
Note: In 2013, the total converted weight of each kind of television or computer product was accessible on the department’s website (http://www.environment.gov.au/).
Step 5B From that number, deduct the total converted weight of the exported products reported under regulation 3.04C.
Step 6 Divide the result of step 4 by the result of step 5B.
(5) For subregulation (4), the co‑regulatory arrangement:
(a) must use the same conversion factor for steps 1B and 2B; and
(b) if the requirements of subregulation 2.02(1) are satisfied—must count all products that satisfy those requirements; and
(c) if the requirements of subregulation 2.02(2) are satisfied—must count all products that satisfy those requirements; and
(d) if the requirements of subregulation 2.02(3) are satisfied—must count all products that satisfy those requirements; and
(e) if the requirements of subregulation 2.02(2) are satisfied but the requirements of subregulation 2.02(3) are not satisfied—must count:
(i) all products that satisfy the requirements of subregulation 2.02(2); and
(ii) all computer parts or peripherals imported or manufactured by the liable party in the previous financial year; and
(f) if the requirements of subregulation 2.02(3) are satisfied but the requirements of subregulation 2.02(2) are not satisfied—must count:
(i) all products that satisfy the requirements of subregulation 2.02(3); and
(ii) all computers or printers imported or manufactured by the liable party or a related body corporate in the previous financial year.
Example: If a person imports 6 000 televisions and 6 000 computers in a financial year, the televisions and the computers must be taken into account when working out the import share.
However:
(a) if a person imports 6 000 televisions and 2 000 computers (i.e. less than the number of computers required in subregulation 2.02(2)) in a financial year, only the televisions must be counted when working out the import or manufacture share; and
(b) if a person imports 7 000 computers and 14 000 computer parts or peripherals (i.e. less than the number of computer parts or peripherals required in subregulation 2.02(3)), all of those products must be counted when working out the import or manufacture share; and
(c) if a person imports 17 000 computer parts or peripherals and 4 000 computers (i.e. less than the number of computers required in subregulation 2.02(2)), all of those products must be counted when working out the import or manufacture share.
3.04A Import or manufacture share—no co‑regulatory membership on 30 June
(1) This regulation applies if a person:
(a) is a liable party in a financial year because of television or computer products that were imported or manufactured before the financial year; and
(b) is not a member of a co‑regulatory arrangement on 30 June of the financial year; and
(c) becomes a member of a co‑regulatory arrangement at a later time.
(2) For subregulation 3.04(4), a proportion of the products are taken to have been imported or manufactured in the financial year immediately before the year in which the person becomes a member of the co‑regulatory arrangement, as worked out according to the following formula:
where:
non‑membership days means the number of days in the financial year, immediately before 30 June, for which the liable party was not a member of a co‑regulatory arrangement.
number of days in year means the number of days in the financial year.
products means the television or computer products mentioned in paragraph (1)(a).
(3) Regulation 3.04B (which allows proportioning of the products) does not apply to those products.
Example 1: A person imports 20 000 web cameras in the 2013/2014 financial year, and therefore is a liable party in the 2014/2015 financial year. The person is not a member of a co‑regulatory arrangement in the 2014/2015 financial year, and does not become a member of a co‑regulatory arrangement until the 2015/2016 financial year.
The co‑regulatory arrangement must count all of the 20 000 web cameras as if the web cameras had been imported in the 2014/2015 financial year, even if the liable party is not a member of the co‑regulatory arrangement for the whole of the 2015/2016 financial year.
Example 2: A person imports 36 500 web cameras in the 2013/2014 financial year, and therefore is a liable party in the 2014/2015 financial year. The person is a member of a co‑regulatory arrangement for the first 265 days of the 365 days in the financial year, but is not a member for the last 100 days, including on 30 June.
The co‑regulatory arrangement must count 10 000 web cameras (10 000 = 36 500 ÷ 365 x 100) as if the web cameras had been imported in the 2014/2015 financial year, even if the liable party is not a member of the co‑regulatory arrangement for the whole of the 2015/2016 financial year.
(4) Subregulation (2) does not affect the import of manufacture share of co‑regulatory arrangements in the financial year mentioned in paragraph (1)(a).
3.04B Import or manufacture share—co‑regulatory membership for part of year
(1) This regulation applies if:
(a) a co‑regulatory arrangement is working out its import or manufacture share of a kind of television or computer products, for a financial year; and
(b) a liable party was a member of the co‑regulatory arrangement for only part of the financial year.
(2) For subregulation 3.04(4), the co‑regulatory arrangement must count only a proportion of the kind of television or computer products that were imported or manufactured by the member, as worked out using the following formula:
where:
membership days means the number of days in the financial year that the liable party was a member of the co‑regulatory arrangement.
number of days in year means the number of days in the financial year.
products means the number of that kind of television or computer product that was imported or manufactured in the year before the financial year.
Example: A liable party imported 36 500 web cameras in the year before the financial year. The liable party was a member of a co‑regulatory arrangement for 100 days of the financial year.
The co‑regulatory arrangement must count only 10 000 of the web cameras (i.e. 10 000 = 36 500 x 100 ÷ 365) when working out its import or manufacture share for the financial year.
(3) For subregulation (2), if the liable party:
(a) becomes a member of a co‑regulatory arrangement after 1 July in a financial year; and
(b) has not previously been a member of another co‑regulatory arrangement in the financial year;
the liable party is taken to be a member of the co‑regulatory arrangement from 1 July of the financial year.
Example: A liable party is not a member of a co‑regulatory arrangement between 1 July 2014 and 31 August 2014, when the liable party becomes a member of co‑regulatory arrangement ABC. The liable party remains a member of co‑regulatory arrangement ABC until 30 June 2015.
The liable party is taken to have been a member of co‑regulatory arrangement ABC from 1 July 2014 to 30 June 2015.
(4) For subregulation (2), if a liable party:
(a) becomes a member of a co‑regulatory arrangement (the previous co‑regulatory arrangement) in a financial year; and
(b) becomes a member of another co‑regulatory arrangement (the later co‑regulatory arrangement) later that financial year;
the liable party is taken to be a member of the later co‑regulatory arrangement from the day after the liable party stopped being a member of the previous co‑regulatory arrangement.
Example 1: A liable party was a member of co‑regulatory arrangement ABC from 1 July until 31 August 2013. The liable party becomes a member of co‑regulatory arrangement XYZ on 1 December 2013 and remains a member until 30 June 2014.
For subregulation (2), the liable party is taken to be a member of co‑regulatory arrangement XYZ between 1 September 2013 and 30 June 2014.
Example 2: A liable party became a member of co‑regulatory arrangement ABC on 1 July, and stopped being a member on 31 August 2013. The liable party becomes a member of co regulatory arrangement XYZ on 1 August 2013, (i.e. before the liable party stopped being a member of co‑regulatory arrangement ABC) and remains a member until 30 June 2014.
For subregulation (2), the liable party is taken to be a member of co‑regulatory arrangement XYZ between 1 September 2013 and 30 June 2014.
3.04C Import or manufacture share—counting exported products
(1) This regulation applies if:
(a) a liable party was a member of a co‑regulatory arrangement on 15 September of a financial year (the current financial year); and
(b) the liable party exported television or computer products in the previous financial year.
(2) The co‑regulatory arrangement, when working out its import or manufacture share for the current financial year, may count the exported products only if the administrator of the arrangement, on or before 15 September of the current financial year, gives the Minister:
(a) a report that states:
(i) the total number of units of each kind of television or computer product (identified by product code) exported by members in the previous financial year; and
(ii) the total converted weight of each kind of kind of television or computer product exported by members in the previous financial year; and
(iii) evidence that each product was imported or manufactured no more than 1 year before the product was exported; and
(b) a report, prepared by an auditor, that states the report mentioned in paragraph (a) is accurate.
(3) In this regulation:
auditor means:
(a) a person that is a registered company auditor under section 1280 of the Corporations Act 2001; or
(b) a company that is an authorised audit company under section 1299C of the Corporations Act 2001.
3.05 How recycling targets may be met
(1) A television or computer product will be taken to be recycled if:
(a) it is recycled under a co‑regulatory arrangement; or
(b) it is recycled after these Regulations commence by a liable party who subsequently becomes a member of a co‑regulatory arrangement.
When target is exceeded in a financial year
(2) If a recycling target is exceeded in a particular financial year by a particular amount (the excess amount), all or part of the excess amount may be used to meet the recycling target in a subsequent financial year.
(3) However, only up to 25% of the recycling target for a subsequent financial year may be met from the excess amount.
Recycling target for 2012–2013 financial year
(4) Any recycling undertaken during the financial year starting on 1 July 2011 may be taken into account in meeting the recycling target for the financial year starting on 1 July 2012, and the limitation in subregulation (3) does not apply.
Note: No recycling targets have been set for the 2011–2012 financial year.
When target is not reached in a financial year
(5) If a recycling target is not achieved under a co‑regulatory arrangement in a particular financial year:
(a) the co‑regulatory arrangement is taken not to have achieved the outcomes for the arrangement in that financial year; and
(b) the amount by which the co‑regulatory arrangement fell short of the recycling target for that financial year must be added to the recycling target for the arrangement for the following financial year.
Division 3.4—Material recovery from recycling
3.06 Material recovery target
The material recovery target is 90% of television or computer products, based on weight.
Part 4—Matters to be dealt with by co‑regulatory arrangements
4.01 Matters to be dealt with by co‑regulatory arrangements
For subsection 22(1) of the Act, a co‑regulatory arrangement must deal with the following matters:
(a) governance systems, including systems for:
(i) achieving the outcomes and meeting the requirements in these Regulations; and
(ii) managing risk; and
(iii) resolving disputes; and
(iv) replacing the administrator;
(b) financial arrangements and funding to achieve the outcomes and requirements in these Regulations;
(c) procedures in relation to membership of the arrangement, including:
(i) requirements related to becoming, or ceasing to be, a member; and
(ii) maintenance of confidential information about members;
(d) communicating information to the public about the arrangement, including the activities of the arrangement and how its services can be accessed;
(e) assessing the adequacy of the environmental, health and safety policies and practices in relation to the collection, storage, transportation or recycling of television or computer products undertaken under the co‑regulatory arrangement.
Part 5—Record keeping, giving information and reporting
Division 5.1—Record keeping
5.01 Administrator to keep records
(1) For paragraph 24(1)(a) of the Act, the administrator of a co‑regulatory arrangement must make accurate records relating to the administration or operation of the arrangement.
Civil Penalty: 250 penalty units.
(2) The administrator must keep each record for 5 years from the day the record is created.
Civil Penalty: 250 penalty units.
(3) For this regulation, records includes technical data, certifications and inspection records relating to the following:
(a) the outcomes to be achieved by the co‑regulatory arrangement specified in Part 3;
(b) the matters to be dealt with by the co‑regulatory arrangement under Part 4;
(c) reporting requirements under Division 5.3.
Division 5.2—Giving information
Subdivision 5.2.1—Information to be given by administrator
5.02 Administrator to give information
(1) For paragraph 24(1)(b) of the Act, the administrator of a co‑regulatory arrangement must give the Minister, or notify the Minister of, the information set out in this Subdivision.
Civil Penalty: 250 penalty units.
(2) The administrator must give the Minister, or notify the Minister of, the information within the time frame specified for the giving or notifying of the information.
Civil Penalty: 250 penalty units.
(3) The administrator must give the Minister, or notify the Minister of, the information:
(a) for the information set out in regulations 5.03 to 5.06—in a manner approved by the Minister; and
(b) for the information requested under regulation 5.07—in the specified format.
Civil Penalty: 250 penalty units.
5.03 Material change of circumstances for co‑regulatory arrangement
(1) The administrator of a co‑regulatory arrangement must notify the Minister of any material change of circumstance for the co‑regulatory arrangement within 28 days after the change.
(2) For subregulation (1), a change of circumstance is material if it hinders:
(a) the ability of the co‑regulatory arrangement to:
(i) achieve the outcomes specified in Part 3; or
(ii) adequately deal with the matters to be dealt with under Part 4; or
(b) the ability of the administrator to comply with any requirements specified in these Regulations.
5.04 Yearly information about membership of co‑regulatory arrangement
(1) The administrator of a co‑regulatory arrangement must, by 8 September each year, give the Minister information about the membership of the co‑regulatory arrangement as at 1 September of that year.
(2) The information must include:
(a) the number of members of the co‑regulatory arrangement; and
(b) the name, and the trading name (if any), of each member; and
(c) the ABN or ACN of each member; and
(d) the date each member became a member; and
(e) for each liable party that is no longer a member of the co‑regulatory arrangement—the date the liable party ceased to be a member.
(3) The administrator of a co‑regulatory arrangement must also, by 8 April 2012, give the Minister the information mentioned in subregulation (2) about the membership of the co‑regulatory arrangement as at 1 April 2012.
5.05 Changes in membership of co‑regulatory arrangement
(1) If a liable party becomes, or ceases to be, a member of a co‑regulatory arrangement, the administrator of the co‑regulatory arrangement must notify the Minister, in writing, of that change in the membership within 28 days after the change occurs.
(2) For each liable party that becomes, or ceases to be, a member of the co‑regulatory arrangement, the notice must include:
(a) the ABN or ACN of the liable party; and
(b) the date the liable party became a member; and
(c) if the liable party has ceased to be a member—the date the liable party ceased to be a member.
5.06 Whether administrator is fit and proper person
(1) If any of the events mentioned in subregulation (2) occur, the administrator of a co‑regulatory arrangement must notify the Minister of the event within 28 days after an executive officer of the administrator becomes aware of the event.
(2) For subregulation (1), the events are the following:
(a) the administrator, or an executive officer of the administrator, is convicted of an offence against:
(i) the Act; or
(ii) another law of the Commonwealth or a law of a State or Territory;
(b) a civil penalty order is made against the administrator, or an executive officer of the administrator, for a contravention of a civil penalty provision in the Act or these Regulations;
(c) an executive officer of the administrator becomes bankrupt or applies for bankruptcy;
(d) the administrator, or an executive officer of the administrator, makes a false or misleading statement in relation to a material particular in an application under the Act;
(e) an executive officer of the administrator is disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001;
(f) the administrator becomes an externally‑administered body corporate.
5.07 Requested information
(1) The administrator of a co‑regulatory arrangement must give the Minister any information relating to the administration or operation of the co‑regulatory arrangement if the Minister requests, in writing, that it be given.
(2) The administrator must give the information to the Minister:
(a) within the period, or by the day, specified in the written request; and
(b) if the written request specifies a format in which the information must be given—in the format specified in the request.
Subdivision 5.2.2—Information to be given by liable parties
5.08 Liable parties to give information
(1) For paragraph 24(1)(b) of the Act, a liable party in relation to television or computer products must give the Minister, or notify the Minister of, the information set out in this Subdivision.
Civil Penalty: 250 penalty units.
(2) The liable party must give the Minister, or notify the Minister of, the information within the time frame specified for the giving or notifying of the information.
Civil Penalty: 250 penalty units.
(3) The liable party must give the Minister, or notify the Minister of, the information:
(a) for the information set out in regulations 5.09 and 5.10—in a manner approved by the Minister; and
(b) for the information requested under regulation 5.11—in the specified format.
Civil Penalty: 250 penalty units.
5.09 Number of products manufactured
The liable party in relation to television or computer products must, by 1 September each year, notify the Minister of how many of each product (identified by product code) in the class of products the liable party manufactured (if any) in the previous financial year.
5.10 Products imported or manufactured by related bodies corporate
(1) This regulation applies if a related body corporate, of a liable party, imported or manufactured televisions, computers or printers in a financial year.
(1A) The liable party must give the Minister, before 1 September of the following financial year, the following information about the related body corporate:
(a) the name of the related body corporate;
(b) the ABN or ACN of the related body corporate;
(c) the date or dates the related body corporate became a related body corporate of the liable party;
(d) the date or dates the related body corporate ceased to be a related body corporate of the liable party, if applicable.
5.11 Requested information
(1) The liable party in relation to television or computer products must give the Minister any information relating to those products if the Minister requests, in writing, that it be given.
(2) The liable party must give the information to the Minister:
(a) within the period, or by the day, specified in the written request; and
(b) if the written request specifies a format in which the information must be given—in the format specified in the request.
Division 5.3—Reporting
Subdivision 5.3.1—Annual reports
5.12 Application
(1) This Subdivision, other than subregulation 5.14(10), applies in relation to the financial year starting on 1 July 2012, and each subsequent financial year.
(2) Subregulation 5.14(10) applies in relation to the financial year starting on 1 July 2014, and each subsequent financial year.
5.13 Annual report
(1) For subsection 24(4) of the Act, the administrator of a co‑regulatory arrangement must, for each financial year, give the Minister a report in relation to the operation of the co‑regulatory arrangement in the financial year (an annual report), in accordance with this regulation.
Civil Penalty: 250 penalty units.
(2) The annual report must be given to the Minister:
(a) by 30 October in the next financial year; and
(b) in a manner approved by the Minister.
(3) The annual report must include the matters set out in regulation 5.14.
Information relating to 2011–2012 financial year
(4) The annual report for the financial year starting on 1 July 2012 must also include the matters set out in regulation 5.14 in relation to the operation of the co‑regulatory arrangement in the financial year starting on 1 July 2011.
(5) For subregulation (4), the operation of the co‑regulatory arrangement includes any recycling undertaken, after these Regulations commence, in the financial year starting on 1 July 2011 by a liable party who subsequently became a member of the co‑regulatory arrangement.
5.14 Matters to be included in annual report
(1) The annual report must:
(b) describe the performance of the co‑regulatory arrangement in relation to each outcome to be achieved under Part 3; and
(c) describe any activities undertaken in relation to the matters required to be dealt with by the co‑regulatory arrangement under Part 4; and
(d) if an outcome was not achieved—explain why the outcome was not achieved, and the measures proposed to be implemented to rectify the failure to achieve the outcome; and
(e) include financial statements setting out the revenue and expenditure of the co‑regulatory arrangement.
Details about membership
(2) The annual report must also include the number of members of the co‑regulatory arrangement, and the following information about each member:
(a) the name, and the trading name (if any), of the member;
(b) the kinds of television or computer products in relation to which the member is a liable party;
(c) the ABN or ACN of the member;
(d) the date the member became a member;
(e) for each liable party that is no longer a member of the co‑regulatory arrangement—the date the liable party ceased to be a member.
Details about collection and storage of products
(3) The annual report must also include the following in relation to the collection and storage of television or computer products under the co‑regulatory arrangement:
(a) details about each collection service, including the type of collection service, the location of the collection service and the frequency of the collection service;
(b) the total weight of television or computer products collected in each of the following areas in each State and Territory:
(i) metropolitan areas;
(ii) inner regional areas;
(iii) outer regional areas;
(iv) remote areas;
(c) the total weight of television or computer products stored other than at a recycling facility.
Details about recycling of products
(4) The annual report must also include the following in relation to recycling of television or computer products under the co‑regulatory arrangement:
(a) the total weight of the products delivered to a recycling facility;
(b) the total weight of the products recycled;
(c) the types of materials recovered from the recycling of the products;
(d) the total weight of materials recovered from the recycling of the products;
(e) the types of materials sent for disposal from the recycling of the products;
(f) the total weight of materials sent for disposal from the recycling of the products.
Details about exporting products
(5) The annual report must also include the following in relation to television or computer products exported under the co‑regulatory arrangement:
(a) the total weight of the products that are exported as whole units for recycling;
(b) the country to which the products were exported.
Details about contracted service providers
(6) The annual report must also include, for television or computer products, the following in relation to each service provider contracted to provide collection, transportation, storage or recycling services in relation to the co‑regulatory arrangement:
(a) the name of the service provider;
(b) the service provided by the service provider;
(c) the total weight of the products recycled by the service provider.
(7) For subregulation (6), service provider includes:
(a) an overseas facility that receives whole units of the products exported from Australia under the co‑regulatory arrangement; and
(b) if the administrator is providing services in relation to the co‑regulatory arrangement beyond the role of being administrator—the administrator in its capacity of providing those services.
Details about environmental and OH&S incidents or breaches
(8) The annual report must also include details about any of the following that occur in the course of the collection, transportation, storage or recycling of television or computer products under the co‑regulatory arrangement:
(a) if an environmental law or an occupational health and safety law requires a person to notify a public office holder or public authority if a particular incident occurs—any of those incidents;
(b) a breach of an environmental law or an occupational health and safety law.
(9) A reference in subregulation (8) to a law means a law of the Commonwealth, or of a State or Territory.
Details to be provided from 2014–2015 financial year
(10) The annual report must also include the following details in relation to the co‑regulatory arrangement:
(a) if a service provider mentioned in subregulation (6) exports components that have been recycled from television or computer products—the weight of the components exported by the service provider for processing;
(b) the country to which the components mentioned in paragraph (a) were exported;
(c) the total weight of useable materials recovered from television or computer products;
(d) the total weight of non‑useable materials sent to landfill from television or computer products by each of the following classes of facilities:
(i) domestic processing facilities;
(ii) overseas processing facilities.
Subdivision 5.3.2—Audit reports
5.15 Audit report given at same time as annual report
(1) For subsection 24(4) of the Act, when the administrator of a co‑regulatory arrangement gives an annual report for a financial year to the Minister, the administrator must also give the Minister a report about an audit of the operation of the co‑regulatory arrangement (an audit report) for the financial year, in accordance with this regulation.
Civil Penalty: 250 penalty units.
(2) The audit report must be prepared by:
(a) a person that is a registered company auditor under section 1280 of the Corporations Act 2001; or
(b) a company that is an authorised audit company under section 1299C of the Corporations Act 2001.
(3) The audit report must include:
(a) an audit of the financial statements setting out the revenue and expenditure of the co‑regulatory arrangement; and
(b) an audit of the performance of the co‑regulatory arrangement in relation to each outcome to be achieved under Part 3; and
(c) a statement from the person or company preparing the report that the audit was conducted in accordance with any standard issued by the Auditing and Assurance Standards Board that applies to the audit, as the standard exists at the time these Regulations commence; and
(d) a statement from the person or company preparing the report as to whether the annual report for the financial year is accurate and complies with regulation 5.13.
Part 6—Transitional provisions
Division 1—Transition to Product Stewardship (Televisions and Computers) Amendment (Single Product Class) Regulation 2013
6.01 Approving co‑regulatory arrangements
(1) This regulation applies if, immediately before the commencement of this regulation, a co‑regulatory arrangement was approved under section 26 of the Act in relation to both the television class and the computer class.
(2) On and from the commencement of this regulation, the co‑regulatory arrangement is taken to be approved for television and computer products.
