Explanatory Memorandum
(Circulated by authority of the Minister for Finance, Senator the Hon Mathias Cormann)NOTES ON SCHEDULE 3 - Product Stewardship Act 2011
Introduction
33. Schedule 3 will abolish the Product Stewardship Advisory Group (the PSAG). The Department of the Environment and Energy will engage with stakeholders on an "as needs" basis on the preparation of the list of classes of products to be considered for some form of accreditation or regulation. For example, the 2016-2017 Product List includes products such as plastic microbeads and products containing them, end-of-life batteries, photovoltaic systems, electrical and electronic products, and plastic oil containers as classes of products that may be suitable for some form of accreditation or regulation under the Product Stewardship Act 2011 (the PS Act). Consequently, the ongoing requirement for a permanent statutory body to perform this function is no longer justified.
Explanation of the provisions
34. Item 1: Section 6 (definition of Advisory Group ) repeals the definition of the Advisory Group.
35. Item 2: Section 108B repeals the establishment and functions of the PSAG.
36. Item 3: Schedule 1 repeals further provisions about the PSAG identified in subsection 108B(3).
37. The PSAG is established by subsection 108B(1) of the PS Act. The PSAG's functions are to provide advice to the Minister in relation to the performance of the Minister's function of preparing an annual list of classes of products that are to be considered for some form of accreditation or regulation under the PS Act in the following financial year; and the performance of other ministerial functions under the PS Act (see subsection 108B(2)).
38. As the Department of the Environment and Energy will engage with stakeholders on an "as needs" basis on the preparation of the list of classes of products to be considered for some form of accreditation or regulation, the ongoing maintenance of a permanent statutory body to perform this function is no longer justified.
39. Item 2 will repeal section 108B of the PS Act. At the commencement of this Item, the PSAG, and positions for its members, will cease to exist. Items 1 and 3 are required as a consequence of Item 2. These will repeal the definition of Advisory Group in section 6 of the PS Act and repeal Schedule 1 of the PS Act, which sets out the mechanical provisions for the operation of the PSAG.