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senate vote 2020-12-07#17
Edited by
mackay staff
on
2022-07-22 14:39:23
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Title
Bills — Recycling and Waste Reduction Bill 2020, Recycling and Waste Reduction (Consequential and Transitional Provisions) Bill 2020, Recycling and Waste Reduction Charges (General) Bill 2020, Recycling and Waste Reduction Charges (Customs) Bill 2020, Recycling and Waste Reduction Charges (Excise) Bill 2020; in Committee- Recycling and Waste Reduction Bill 2020 and others - in Committee - Financial contributions
Description
<p class="speaker">Peter Whish-Wilson</p><p>by leave—In respect of the Recycling and Waste Reduction Bill 2020, I move Greens amendments (1) to (10) on sheet 1032 revised together:</p>-
- The majority voted against [amendments](https://www.openaustralia.org.au/senate/?gid=2020-12-07.198.1) introduced by Tasmanian Senator [Peter Whish-Wilson](https://theyvoteforyou.org.au/people/senate/tasmania/peter_whish-wilson) (Greens), which means they failed.
- Senator Whish-Wilson [explained that](https://www.openaustralia.org.au/senate/?gid=2020-12-07.198.1):
- > *These amendments are simply about financial contributions. Everybody agrees we need better information, better labelling laws. The problem is: when you're talking about education programs, how do you fund them? These amendments are fairly straightforward. They require certain members of the Packaging Covenant, or potentially a new iteration if it falls under this legislation as a voluntary product stewardship scheme, to make financial contributions to help pay for raising that education and awareness.*
<p class="italic">(1) Clause 10, page 7 (line 3) to page 12 (line 4), insert:</p><p class="italic"><i>covered person, </i>for financial contribution requirements under Part 5D of Chapter 3, has the meaning given by subsection 94T(2).</p><p class="italic"><i>covered plastic</i>: see subsection 94T(3).</p><p class="italic"><i>financial contribution requirement </i>means a requirement specified in rules made for the purposes of subsection 94T(1).</p><p class="italic">(2) Clause 66, page 67 (after line 13), after the paragraph beginning "These requirements might", insert:</p><p class="italic">The mandatory product stewardship regime also enables rules to be made to require certain persons to make financial contributions towards measures for dealing with particular classes of plastic products, such as raising awareness of appropriate ways of disposing of such plastics.</p><p class="italic">(3) Page 100 (after line 16), after Part 5, insert:</p><p class="italic">Part 5D—Mandatory product stewardship—financial contribution requirements for certain plastics</p><p class="italic">94T Financial contributions towards costs relating to certain plastics</p><p class="italic">(1) The rules may require one or more covered persons, or classes of covered person, to make a financial contribution of a specified amount towards one or more of the following:</p><p class="italic">(a) the cost of specified measures that raise awareness of appropriate ways of disposing of a specified covered plastic;</p><p class="italic">(b) the cost that disposing of a specified covered plastic imposes on specified waste management services;</p><p class="italic">(c) the cost related to cleaning up litter resulting from a specified covered plastic.</p><p class="italic">Note: For specification by class, see subsection 13(3) of the <i>Legislation Act 2003</i>.</p><p class="italic">(2) A person is a <i>covered person </i>if:</p><p class="italic">(a) the person is:</p><p class="italic">(i) a constitutional corporation; or</p><p class="italic">(ii) a body corporate that is incorporated in a Territory; and</p><p class="italic">(b) the person manufactures, imports, distributes or uses a covered plastic.</p><p class="italic">(3) A thing that is made of, or contains, plastic is a <i>covered plastic</i> if the thing falls into the following classes of things:</p><p class="italic">(a) beverage containers;</p><p class="italic">(b) food containers;</p><p class="italic">(c) packaging:</p><p class="italic">(i) made of flexible material; and</p><p class="italic">(ii) that is intended to be used to pack food;</p><p class="italic">(d) balloons;</p><p class="italic">(e) sanitary products, within the meaning prescribed by the rules;</p><p class="italic">(f) wet wipes, within the meaning prescribed by the rules;</p><p class="italic">(g) filter tips (within the meaning of the <i>Tobacco Plain Packaging Act 2011</i>) of cigarettes;</p><p class="italic">(h) a class of things specified in rules made for the purposes of this paragraph.</p><p class="italic">(4) Rules made for the purposes of subsection (1) that require a person to make a financial contribution must not amount to taxation.</p><p class="italic">(5) For the purposes of paragraphs (3)(a) and (b), <i>container</i> includes (without limitation) any cup, drinkware, pack, carton, box, tin, packet, bag, pouch, tube or other container.</p><p class="italic">94U Compliance with financial contribution requirements</p><p class="italic">(1) A person contravenes this subsection if:</p><p class="italic">(a) the person is subject to a financial contribution requirement; and</p><p class="italic">(b) the person engages in conduct; and</p><p class="italic">(c) the conduct contravenes the requirement.</p><p class="italic"> <i>Fault</i> <i>-based offence</i></p><p class="italic">(2) A person commits an offence if the person contravenes subsection (1).</p><p class="italic">Penalty: Imprisonment for 2 years or 120 penalty units, or both.</p><p class="italic"> <i>Strict liability</i></p><p class="italic">(3) A person commits an offence of strict liability if the person contravenes subsection (1).</p><p class="italic">Penalty: 60 penalty units.</p><p class="italic"> <i>Civil penalty provision</i></p><p class="italic">(4) A person is liable to a civil penalty if the person contravenes subsection (1).</p><p class="italic">Civil penalty: 240 penalty units.</p><p class="italic">(4) Clause 102, page 110 (after line 6), after paragraph (1)(q), insert:</p><p class="italic">(qi) subsection 94U(3);</p><p class="italic">(5) Clause 106, page 115 (after table item 7), insert:</p><p class="italic">(6) Clause 109, page 119 (line 30), at the end of subclause (1), add:</p><p class="italic">; or (g) persons required by rules made for the purposes of subsection 94T(1) to make a financial contribution in relation to a covered plastic.</p><p class="italic">(7) Clause 109, page 120 (after line 15), after paragraph (2)(e), insert:</p><p class="italic">(eb) for an audit mentioned in paragraph (1)(g)—whether the person made the financial contribution in relation to the covered plastic;</p><p class="italic">(8) Clause 114, page 123 (after line 15), after paragraph (e), insert:</p><p class="italic">(eb) for an audit in relation to a person required by the rules made for the purposes of subsection 94T(1) to make a financial contribution in relation to a covered plastic—the person;</p><p class="italic">(9) Clause 142, page 146 (after line 15), after paragraph (1)(g), insert:</p><p class="italic">(gb) persons who are required to make financial contributions in relation to covered plastics under rules made for the purposes of section 94T;</p><p class="italic">(10) Clause 143, page 148 (after line 16), after paragraph (1)(e), insert:</p><p class="italic">(eb) requirements made under rules made for the purposes of subsection 94T(1) (financial contribution requirements for covered plastics); or</p><p>There is no need to talk to these amendments for too long. I might talk for a little while so that senators leave the chamber and then have to come back—I'm only kidding! It is Christmas after all, and we all need the exercise.</p><p>These amendments are simply about financial contributions. Everybody agrees we need better information, better labelling laws. The problem is: when you're talking about education programs, how do you fund them? These amendments are fairly straightforward. They require certain members of the Packaging Covenant, or potentially a new iteration if it falls under this legislation as a voluntary product stewardship scheme, to make financial contributions to help pay for raising that education and awareness. These amendments are fairly straightforward and I commend them to the Senate.</p> <p class="speaker">Jenny McAllister</p><p>Labor opposes these amendments. We believe producers should be held responsible for ensuring that the products they manufacture can be recycled, and producers should be expected to shift towards circular and sustainable use of materials. That is how we will achieve better outcomes for waste and recycling, and that means better environmental outcomes, less resource depletion and new manufacturing opportunities. However, without any expert analysis of the impacts and the benefits for plans such as those proposed in these amendments, Labor can't support these amendments. It's not really clear that this is the best way of achieving the change that's intended, and there has not been sufficient engagement with producers and other stakeholders.</p> <p class="speaker">Simon Birmingham</p><p>The government also opposes these amendments. We'd rather see industry given the chance to deliver on its commitment to the national packaging targets and to establish a government accredited product stewardship scheme for packaging. We do not believe it's appropriate at this time to impose levies on industry as costs that would likely be passed on to consumers when there is a high degree of goodwill and activity seeking to achieve the outcomes already.</p> <p class="speaker">Slade Brockman</p><p>The question is that amendments (1) to (10) on sheet 1032 revised be agreed to.</p> -
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