Document ID: chunk:federal_register_of_legislation:F2021L00625:reg:6
Version: federal_register_of_legislation:F2021L00625
Segment Type: reg
Provision Reference: reg 6
Character Range: 6154–8432

6  Prescribed export conditions for regulated waste plastic
 (1) This section is made for the purposes of section 18 of the Act.
 (2) The export of regulated waste plastic is prohibited unless:
 (a) all of the following apply:
 (i) the exporter holds a waste plastic export licence that covers the plastic;
 (ii) the licence is in force and not suspended at the time the plastic is exported;
 (iii) for each consignment of plastic that is exported—the exporter has given the Minister an export declaration for the consignment; or
 (b) both of the following apply:
 (i) the plastic is of a kind, and exported in the circumstances (if any), listed in the Waste Plastic Exports List;
 (ii) the exporter has given the Minister a notification under subsection (3) in relation to plastic of that kind and to be exported in those circumstances (if any).
Note 1: For the purposes of subparagraph (b)(ii), a separate notification is not required for each consignment.
Note 2: Contravention of one or more of the conditions in this subsection is an offence and a civil penalty provision (see section 20 of the Act).
 (3) A notification given for the purposes of subparagraph (2)(b)(ii) must:
 (a) if the Minister has approved, in writing, a manner for giving the notification—be given in an approved manner; and
 (b) if the Minister has approved a form for the notification:
 (i) include the information required by the form; and
 (ii) be accompanied by any documents required by the form; and
 (c) be signed and dated by the exporter.
Note: A person may commit an offence or be liable to a civil penalty if the person provides false or misleading information or documents (see sections 146 and 147 of the Act and sections 137.1 and 137.2 of the Criminal Code).
 (4) A notification given for the purposes of subparagraph (2)(b)(ii) is taken not to have been given if the notification does not comply with the requirements in subsection (3).
 (5) To avoid doubt, for the purposes of paragraph (3)(b) the Minister may approve:
 (a) different forms for notifications in relation to different kinds of regulated waste plastic; or
 (b) a single form for a notification for the export of consignments of more than one kind of regulated waste plastic.

Division 2—Waste plastic export licences