Recycling and Waste Reduction (Product Stewardship—Televisions and Computers) Amendment (Imported Products) Rules 2022

I, Tanya Plibersek, Minister for the Environment and Water, make the following rules.

Dated  4 September 2022

Tanya Plibersek

Minister for the Environment and Water

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Recycling and Waste Reduction (Product Stewardship—Televisions and Computers) Rules 2021

1  Name

  This instrument is the Recycling and Waste Reduction (Product Stewardship—Televisions and Computers) Amendment (Imported Products) Rules 2022.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the Recycling and Waste Reduction Act 2020.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Recycling and Waste Reduction (Product Stewardship—Televisions and Computers) Rules 2021

1  Section 4A

Before “For the purposes”, insert “(1)”.

2  Section 4A

Omit “considered”, substitute “taken into account”.

3  Paragraph 4A(a)

Omit “next following”, substitute “financial year following the”.

4  At the end of section 4A

Add:

 (2) However, a change described in subsection (1) may be taken into account if the Minister is satisfied that there are exceptional circumstances that justify taking the change into account, having regard to:

 (a)  the matters listed in subsection (3); and

 (b)  any other matter the Minister considers relevant.

 (3) For the purposes of paragraph (2)(a), the Minister must have regard to the following matters:

 (a) the reason for the change made to the import declaration;

 (b) the nature of the change;

 (c) the reason why the change was not made on or before 31 October of the following financial year;

 (d) whether the importer has previously made a change to an import declaration in relation to television or computer products after 31 October of the financial year following the financial year in which the import declaration was made;

 (e) whether taking the change into account would unreasonably impact other liable parties or co‑regulatory arrangements in relation to television or computer products;

 (f) whether not taking the change into account would unreasonably distort the recycling target for a financial year, or the import or manufacture share for a financial year, of an approved co‑regulatory arrangement that relates to television or computer products.