1. Product Stewardship (Televisions and Computers) Regulations
Liable Party Information Session

2. The e-waste problem
Electronic waste is a significant and growing part of the waste stream
Televisions and computers contain hazardous substances such as lead, bromine, mercury and zinc
Waste volumes are increasing and expected to grow to 44 million units (181,000 tonnes) by

3. Developing a solution: initial phase
Consultation Regulation Impact Statement (July 2009)
Broad range of options considered
Decision Regulation Impact Statement (Nov 2009)
Best option is a co-regulatory scheme
Obligations on importers/domestic manufacturers to participate
Computers, televisions, printers, and computer products
Government decision (Nov 2009)
Endorsed by all state and territory governments

4. Developing a solution: detailed design
Meetings of Industry Working Group
Studies undertaken
Consultation paper on the Regulations (March 2011)
Exposure draft of the Regulations (September 2011)
Regulations made and in effect (8 November 2011)

5. The Regulations: An Overview
Operate under the Product Stewardship Act 2011
Co-regulatory: government sets the outcomes, industry works out how to achieve those outcomes
Primary objective: minimise waste (particularly hazardous waste) and maximise resource recovery, in a safe and environmentally sound way
Industry run and funded collection and recycling of televisions, computers and computer products (products identified in Schedule 1 of regulations)

6. Key obligations
Under the Act and Regulations there are two key obligations:
Liable parties must be members of ‘an approved co-regulatory arrangement’
Administrators of approved co-regulatory arrangements must take all reasonable steps to ensure that collection and recycling outcomes are achieved

7. Membership of an approved arrangement
Primary obligation of a liable party is to be a member of an approved co-regulatory arrangement
Expected that co-regulatory arrangements approved by February 2012
Administrators of approved arrangements will report their membership as at 1 April 2012
The Department will identify liable parties that are not members as at that date

8. When is an importer a liable party?
An importer will be a liable party in if it:
Is a constitutional corporation
Imported relevant products in
39 ‘Television’ Product Codes
11 ‘Computer and Monitor’ Product Codes
10 ‘Printer’ Product Codes
15 ‘Computer Product’ Product Codes
Imported above the threshold in
Televisions class: 5,000 televisions
Computers, printers and computer products class: 5,000 computers or printers, or 15,000 computer products

9. Example
Import figures are obtained under data sharing arrangements with Customs and Border Protection
In this example, the company would be a liable party in because it exceeded the 5,000 unit threshold
Product code
Applicable threshold
Units imported ( )
Conversion factor (kg/unit)
Converted weight (kg)
Computers or printers
4,000
13.5
54,000 10
40,000
Computer products
10,000
0.6
6,000
Total for computers and printers
8,000
94,000
Total for computer products

10. When is an importer a liable party?
To deter import-splitting, imports of related companies are counted together for assessing whether a company is a liable party
e.g. Where Company A imports 2,000 televisions and related Company B imports 4,000 televisions, both are liable parties
This applies to televisions, computers and printers – not computer products (e.g. keyboards, mice)
Only applies to companies that have imported >1,000 units
Imports of related companies are only relevant for whether a company is a liable party, not for calculating import share

11. Related bodies corporate
XYZ Holdings
Company A
0 units
Company D
0 units
Company B
4000 computers
Company C
0 units
Company E
2000 computers

12. Liable party reporting obligations: related bodies
A liable party must report on related bodies corporate (if any) that imported or manufactured products in the same class
Example: A company imported 10,000 televisions in , and had a subsidiary that imported 4,000 televisions in that year. The company must report details of the subsidiary to the Department
Purpose of this requirement is to help the Department identify liable parties.
Reports are due 1 March 2012, and 1 September in following years
No need to submit a nil report

13. Liable party reporting obligations: manufacturing
Liable parties must report on number of products in the relevant class manufactured in Australia (if any)
Example: A company imported 10,000 televisions in If it manufactured 1000 televisions in that year it must report this to the Department.
This reporting requirement does not apply to computers
Purpose of the requirement is to provide information on relevant manufacturing activity
Reports are due 1 March 2012, and 1 September in following years
No need to submit a nil report

14. Timeline for the National Television and Computer Recycling Scheme
Department write to liable parties with import data
Regulations in effect
8 Nov 2011
Reporting deadline
1 March 2012
Membership deadline
1 April 2012
Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb
July 2012 – June 2013 First Target Period
Estimated date for approval of co-regulatory arrangements

15. Key obligations
As mentioned previously, there are two key obligations:
Liable parties must be members of ‘an approved co-regulatory arrangement’
Administrators of approved co-regulatory arrangements must take all reasonable steps to ensure that collection, recycling, and material recovery outcomes are achieved

16. What is a co-regulatory arrangement?
A co-regulatory arrangement is set of measures designed to meet the outcomes in the Regulations
It is administered by a body corporate responsible for ensuring that these outcomes are achieved
This may be a liable party that is also a member of that arrangement
It deals with matters specified in the Regulations, including governance, membership and funding to achieve the outcomes in the Regulations

17. Outcome: Reasonable access to collection services
Approved arrangements must provide reasonable access to collection services across Australia
Reasonable access requirements ensure availability of services to households and small business in regional and remote, not just metro areas, by 31 December 2013
Reasonable access defined in the regulations using a set of metrics – these establish an objective basis to assess compliance
Administrators have flexibility in the type of collection services they offer – allowing tailoring to suit different situations
Households and small business must not be charged to drop off products at a designated collection service

18. Outcome: Recycling Target

19. Outcome: Recycling Targets
Recycling means the initial processing of a product, including disassembly or shredding, for the purpose of recovering useable materials
Scheme targets are set as a percentage of the waste estimated to be generated in the year
Percentage targets start at 30% waste recycled by June 2013 and rise every year to 80% by 2021
Recycling target for a co-regulatory arrangement will be allocated based on import/manufacture share of members

20. Recycling targets: calculating import share
An arrangement’s share of the Scheme target will depend its members’ share of all liable parties’ imports in the relevant product class.
This is measured using “converted weight”, not actual weight - in this example, 100,000kg or 100 tonnes.
Product code
Applicable threshold
Units imported ( )
Conversion factor (kg/unit)
Converted weight (kg)
Computers or printers
4,000
13.5
54,000 10
40,000
Computer products
10,000
0.6
6,000
Total for computers and printers
8,000
94,000
Total for computer products

21. Recycling targets: taking exports into account
Exports can be taken into account to reduce an arrangement’s target, where an audited report is provided with this information
Example: An arrangement’s members’ imported 5,000 tonnes of televisions in but 1,000 tonnes of those televisions were exported in the same year. For calculating the arrangement’s share of the Scheme target, the relevant figure is 4,000 tonnes.
Note: Again, “converted weight” rather than actual weight is used

22. Outcome: Material Recovery Target from 2014-15
Material recovery means the proportion of materials (by weight) that is sent after recycling for processing into useable materials
Complements the recycling target
A measure of the quality of recycling
Material recovery target of 90% applies from the financial year
start allows time to develop consistent measurement and reporting methods

23. Membership requirements
The Act and Regulations set the outcomes to be achieved – they do not set membership requirements
However, it is likely that members will be required to contribute financially in proportion to their import/manufacture share
Membership requirements will be set out in applications for approval of co-regulatory arrangements, and considered by the Department as part of its assessment

24. Summary: implications for importers/manufacturers
Work out whether your company is a liable party:
Did it import/manufacture relevant products in ?
Is it over the 5,000 or 15,000 threshold?
If not, is it over the 1,000 threshold and liable because of imports/manufacture by related companies?
If a liable party:
Consider whether a related body corporate/manufacture report must be submitted (due 1 March 2012)
Ensure that the company is a member of an approved arrangement (by 1 April 2012)
Ensure that products have their proper tariff classification

25. Questions