Our approach to product stewardship compliance

 

We regulate product stewardship arrangements under the Recycling and Waste Reduction Act 2020 and rules. This helps us reduce waste and prevent harmful materials and products from ending up in landfill.

Our approach to compliance assists product stewardship arrangements to comply with the Act. We support and encourage compliance. We respond to potential non-compliance in line with our Compliance Policy.

Provide support

Our compliance focus is to communicate and educate.

To help you understand your obligations and comply with product stewardship laws, we may conduct webinars and presentations, send email updates and provide guidance material.

We aim to support regulatory outcomes. Our compliance activities are risk based and informed by the arrangement, customer and government reporting.

Our compliance tools are specific to:

  • co-regulatory arrangements
  • mandatory arrangements.

Compliance – it’s in your best interest

Complying with the law is not only a requirement, it’s in your best interest. Your business’s reputation depends on it.

When you comply, it can increase engagement and productivity of your business. Compliance means ensuring your arrangements and employees follow relevant laws, regulations, standards, and ethical practices.

Save time and costs - eliminate fines and civil penalties that may require time being spent on further compliance action.

  • Realise economic benefits - improved efficiencies and outcomes of the arrangement will lead to continual improvement and expansion.
  • Build stronger relationships - compliant products and materials will strengthen your reputation and relationships with customers and government regulators.
  • Help reduce the impact of waste - contribute to healthy communities and protecting the environment.
  • Meet community expectations - assure the community your arrangement will achieve real outcomes.

Our priority compliance actions

Education, help and support

We will educate, help and support you to meet your obligations under the law.

Undertake fit and proper person checks

We undertake fit and proper person checks of administrators when we assess applications for and approval of a co regulatory arrangement. We will also undertake a fit and proper person check of an administrator following a request to replace an administrator.

Audits

We may audit your approved co-regulatory arrangement, or a member of an approved co-regulatory arrangement at any time in relation to certain matters set out in section 109 of the Act.

Monitoring

We may monitor your arrangement to ensure you are complying with the Act.

Investigations

We may investigate your arrangement to gather material in relation to non-compliance with the Act.

Publicise non-compliance

As part of our commitment to transparency and accountability, we may publish information about contraventions of the law, orders to pay a penalty, injunctions that are granted, or decisions in relation to giving an improvement notice, requiring an audit or cancelling accreditation. The information may include the:

  • person's or company's name
  • illegal activity
  • the penalty issued.

Respond to reports of non-compliance

We assess all allegations of non-compliance to determine if we need to take further action. If you report a breach, we will hold your details in strict confidence.

To report a suspected product stewardship breach:

Co-regulatory product stewardship arrangements

The National Television and Computer Recycling Scheme (NTCRS)

The NTCRS scheme provides free collection and recycling services for televisions and computers. This includes printers, computer parts and peripherals.

We monitor the performance and compliance of co-regulatory arrangements.

What you must do

If you administer an approved co-regulatory arrangement, you must:

  • deliver the agreed scheme outcomes
  • comply with the scheme rules
  • provide us with reports which will be published on our website in most circumstances.

You must tell us, as soon as practicable, if:

  • an event occurs that hinders the ability of the arrangement to achieve the scheme outcomes
  • a liable party becomes a member or ceases their membership with you.

Cancelling the accreditation of a co-regulatory arrangement

We will cancel a co-regulatory arrangement if the minister considers there are sufficient grounds to doing so as outlined in section 87 of the Act.

Other product stewardship arrangements

The Product Stewardship for Oil Scheme operates under the Product Stewardship (Oil) Act 2000. The Australian Tax Office (ATO) operates this scheme.

Find out how to meet your obligations under the scheme (ATO).