Australian Government Accreditation of Voluntary Product

advertisement
Australian Government Accreditation of
Voluntary Product Stewardship Arrangements
Australian Government
Accreditation of Voluntary
Product Stewardship
Arrangements application
Guide 2013
Under the Product Stewardship Act 2011
Product Stewardship (Voluntary Arrangements) Instrument 2012
Product Stewardship Regulation 2012
2013
Page 2 of 23
Contents
Glossary ................................................................................................................................... 4
About this document................................................................................................................. 5
Document Purpose ............................................................................................................... 5
Enquiries............................................................................................................................... 5
Disclosure ............................................................................................................................. 6
Background .......................................................................................................................... 6
Application Process Overview............................................................................................... 6
Decision Letter and Accreditation Pack ................................................................................. 6
Lodgement Guide ................................................................................................................. 7
Application Process and Milestones...................................................................................... 8
Application Instructions............................................................................................................. 9
Parts to Complete..................................................................................................................... 9
Part 1 - Administrator and Arrangement Details .................................................................... 9
Part 2 – Fees ...................................................................................................................... 10
Part 3 – Financial Viability Assessment .............................................................................. 11
Part 4 – Arrangement Outcomes......................................................................................... 11
Part 5 – Product(s) Covered Under the Arrangement.......................................................... 15
Part 6 – Arrangement Administration .................................................................................. 17
List of Participants of the Arrangement ............................................................................... 21
Public Notification ............................................................................................................... 21
Declarations ........................................................................................................................... 21
1. Environment, Health and Safety Undertaking .............................................................. 22
2. Administrator’s Declaration .......................................................................................... 22
3. Executive Officer Declaration ...................................................................................... 22
Page 3 of 23
GLOSSARY
Act
The Product Stewardship Act 2011.
Activities
Work undertaken under the arrangement which contributes, either
directly or indirectly, to the achievement of the arrangement’s
outcomes. Activities can be undertaken by the arrangement or third
party service providers.
Administrator
The body corporate responsible for administering an accredited
arrangement and ensuring that the outcomes of the arrangement
are met.
Application
The Australian Government Accreditation of Voluntary Product
Stewardship Arrangements Application 2013.
Arrangement
A voluntary arrangement which is designed to further the objects of the
Act by achieving one or more measurable outcomes in relation to a
class of products.
Categories
Arrangements must cover one, or more, of the following categories:
 Manufacturing
 Supply and / or Use
 End-of-life
Class of Products
Arrangements are accredited in relation to a ‘class of products’. This
class of products is to be determined by the arrangement and should
adequately capture the type of products that the arrangement will
address through its outcomes and activities.
Executive Officer
Person (by whatever named called and whether or not a director of the
administrator) who is concerned in, or takes part in, the management of
the administrator.
Outcomes
The specific and measurable objectives or targets that will be achieved
by the Arrangement and contribute to the furthering the objects of
the Act.
Participants
Bodies which contribute to the arrangement’s outcomes or activities,
either directly or indirectly, including logo users.
Product
A thing (including a substance or mixture of substances) that
is manufactured.
Page 4 of 23
ABOUT THIS DOCUMENT
Document Purpose
The Australian Government Accreditation of Voluntary Product Stewardship Arrangements
Application Guide (the Guide) provides information about the application process and assists
the administrators of a voluntary arrangement in completing the Australian Government
Accreditation of Voluntary Product Stewardship Arrangements Application (the Application).
The guide is to be used in conjunction with the following:

Australian Government Accreditation of Voluntary Product Stewardship Arrangement
Application (hosted on Product Stewardship Online)

Financial Viability Assessment: Voluntary Product Stewardship

Financial Viability Assessment Guide: Voluntary Product Stewardship

Australian Government Product Stewardship Logo Style Guide

Australian Government Product Stewardship Logo – Examples of the types of conditions
that may be imposed on the accreditation of a voluntary product stewardship arrangement
relating to the use of the logo

Product Stewardship Act 2011 (the Act)

Product Stewardship (Voluntary Arrangements) Instrument 2012

Explanatory Statement to the Product Stewardship (Voluntary Arrangements) Instrument
2012;

Product Stewardship Regulation 2012

Explanatory Statement to the Product Stewardship Regulation 2012
The application and relevant legislation is available on the Department of Sustainability,
Environment, Water, Population and Communities’ (the department) website at
http://www.environment.gov.au/settlements/waste/product-stewardship/voluntaryarrangements/index.html.
The guide is to be used as a reference only. Some information provided is by way of example
only and should not be construed as advice. Information contained herein is not exhaustive,
but is intended to provide assistance in completing the application form.
Enquiries
Enquiries regarding the completion of the online application, or the broader scheme can be
made to:
Email:
psonline@environment.gov.au
Phone:
1800 332 783
Mail:
The Director
Product Stewardship Regulator Section
Department of Sustainability, Environment, Water, Population and Communities
GPO Box 787
Canberra ACT 2601 AUSTRALIA
Page 5 of 23
Disclosure
To assess an application for the accreditation of a voluntary arrangement, considerable detail
is required on the financial and operational aspects of the arrangement. It is recognised that
this information, if made publicly available, could have considerable adverse consequences on
the commercial interests of the applicant. As such, the department will treat applications and
associated attachments confidentially. However, in certain circumstances, the department may
disclose such information (e.g. where legally required to do so or where necessary for the
proper administration of government). Further information can be provided about this
if required.
Background
The Product Stewardship Act 2011 came into effect on 8 August 2011 and provides a
framework to effectively address the environmental and health and safety impacts of a product
or material across its full lifecycle, from manufacture to disposal.
The accreditation of voluntary arrangements recognises and encourages product stewardship
while minimising unnecessary regulation and provides the community with confidence that
accredited voluntary arrangements have the capability to achieve real and effective outcomes.
Application Process Overview
To become an accredited voluntary arrangement, the Accrediting Authority (the Minister or
delegate) must be satisfied that the applicant has addressed the requirements, which are
contained in the Application. The application and assessment process seeks to ensure that
arrangements are well positioned for future success under the scheme. Figure 1.1 outlines key
milestones to the application process.
Please note that where an arrangement intends to cover more than one product class, a
separate application is required for each product class.
If the delegate has made the decision to refuse accreditation, a person affected by the
decision may apply for an internal review of the decision and following that may also seek
review of the internal review decision to the Administrative Appeals Tribunal (AAT).
Decision Letter and Accreditation Pack
Successful applicants will be granted accreditation for a period of five years including use of
the Australian Government’s product stewardship logo.
Accredited arrangements will receive:

A formal certificate signed by the Minister (or delegate)

A formal letter signed by the Minister (or delegate) which may also detail any conditions
imposed on the accreditation, including conditions relating to the use of the product
stewardship logo

An information pack containing accreditation guidance material
Page 6 of 23
Lodgement Guide
To apply for the accreditation of a voluntary arrangement applicants must:
 Be familiar with the Product Stewardship legislation
 Access the Product Stewardship Online (PSOnline) portal
 Complete the voluntary product stewardship application registration process and
questionnaire in PSOnline. The questionnaire will be used by the department to better
understand the applicant’s proposed arrangement
 Login to the PSOnline application portal and complete the Application including
uploading all required documentation
 Upload all required declarations
 Complete the payment of the application fee, which will finalise the lodgement of the
Application. Lodgement must occur within the timeframes stated for the application
open round
Page 7 of 23
Application Process and Milestones
1
Accrediting Authority
Public call for
applications
2
Department
Opens the application
portal
3
Administrator
Completes & submits
application. The
payment of the
application fee will be
arranged outside of
PSOnline
4
Department
Assesses the
application
5
Accrediting Authority
Decides to either grant
or refuse accreditation
6
Administrator
Notified of the
assessment outcome:
Accredited / Not
Accredited
The department calls for applications for voluntary arrangement
accreditation. The application acceptance period will be specified at
the time the application round is announced.
The department opens the online portal, enabling applicants to
register for access to the online application portal.
The administrator of an arrangement (the applicant) accesses the
PSOnline application portal and completes the Application, including
the payment of the application fee. Prior to submitting the Application,
applicants must have completed the following:
 the online application
 the Financial Viability Assessment: Voluntary Product
Stewardship
 uploaded all required supporting documentation
Note that applications will not be assessed until the application fee
has been paid. The department will contact applicants to arrange
payment upon the submission of the Application.
The department commences the assessment of the application. The
department may request further information where required to
complete the assessment.
The Minister (or delegate) decides whether to accredit the
arrangement based upon the outcome of the assessment of the
application.
Arrangements will be notified of the assessment outcomes in the
decision letter. If accredited, arrangements will be provided with an
accreditation pack.
Figure 1.1
Page 8 of 23
APPLICATION INSTRUCTIONS
Applicants must complete all parts of the PSOnline online application and pay the application
fee prior to their application being assessed. Instruction on registering for access to PSOnline
and completing the online application can be found at
http://www.environment.gov.au/settlements/waste/product-stewardship/voluntaryarrangements/index.html.
Where attachments are required, applicants may submit one or more documents to provide
further details to support their application. Attachments may include documents prepared in
response to the part or existing documents such as internal business plans, feasibility studies,
operations strategies and supporting research.
Where relevant, the same document may be attached in response to multiple parts.
PARTS TO COMPLETE
Part 1 - Administrator and Arrangement Details
1.1. Administrator Details
The applicant must be the administrator of the proposed voluntary arrangement. The
administrator is responsible for ensuring that the arrangement achieves its outcomes
(see Part 4 for more information on arrangement outcomes). The administrator must be
a body corporate. The administrator must state the name of the arrangement.
1.2. Fit and Proper Person
In determining whether the administrator is a fit and proper person, the minister (or
delegate) must be satisfied in respect to certain matters concerning the administrator as
a body corporate and each executive officer of the administrator. Part 1.2 relates to the
administrator, while Part 1.3 relates to the executive officer(s) of the administrator.
Select the applicable box for each part, relating to the administrator as a body corporate.
If YES is selected for any of the parts, attach documentation providing specific details.
1.3. Executive Officer Details
Further to Part 1.2, Part 1.3 deals with matters concerning executive officers of the
administrator, to support consideration of whether the administrator is a fit and proper
person.
Subsection 51(4) of the Act provides the following meaning of executive officer:
An executive officer of a body corporate is a person (by whatever name called
and whether or not a director of the body) who is concerned in, or takes part in,
the management of the body.
When completing Part 1.3, fit and proper person, if YES is selected for any of the parts,
attach documentation providing specific details.
Page 9 of 23
1.4. Contact Details
The department requires that a contact person be nominated in relation to the
application. The contact person will be the primary point of contact for the department for
communication with the administrator during the assessment of the application.
Part 2 – Fees
2.
Fee Calculation
A one-off application fee must be paid in full prior to the assessment of the application
occurring. The application fee has been calculated on the total costs associated with
processing and assessing an application and, as such, represents a fee for service.
The application fee for accreditation is determined by the number of categories that an
arrangement covers. The categories are set out below in Figure 1.2:
Category 1
Category 2
Category 3
Manufacturing
Supply and/or Use
End-of-life
Includes only
manufacturing activity
related to products or
waste
Includes any of the
following activities relating
to products or waste:
a) supply
b) use
c) supply and use
Includes any of the
following activities relating
to products or waste:
a) reuse
b) recycling
c) recovery
d) disposal
e) any combination of
a) through e)
Figure 1.2
The fees payable are stated in Table 1 below:
Number of categories
covered by the arrangement
Application fee payable
2012–13 (excluding GST)
1 category
$20,600
2 categories
$23,600
3 categories
$26,600
Table 1
The department will provide further details on how the fees may be paid once the
application is completed and submitted. Applications will not be assessed until the
payment of the fee has been received by the department. Once the fee has been paid,
the administrator will not be entitled to a refund of the application fee, including where
the application is withdrawn.
Example:
An application would be considered to cover two categories if an arrangement was seeking
Page 10 of 23
accreditation for manufacturing a product to contain less hazardous substances and the
collection and recycling of end of life products. This example would be deemed to cover
category 1 and category 3 and, as such, incur a once off fee of $23,600 (excluding GST) for
an application submitted in the 2013-14 financial year.
Legislative References:
Product Stewardship Act 2011:
Subparagraph 102(1)(b)(ii)
Product Stewardship Regulation 2012:
Subsection 9.1(1)(a-c)(2)
Product Stewardship (Voluntary Arrangements) Instrument 2012:
Part 2 – Division 2.2
Part 3 – Financial Viability Assessment
3.
Financial Viability Assessment
Please note that applications for accreditation will be considered incomplete (section 102
of the Act) until the Financial Viability Assessment: Voluntary Product Stewardship (the
Assessment) has been completed and uploaded to this online application.
To ascertain the administrator and arrangement’s financial viability, sustainability and
capacity to deliver against the proposed outcomes a completed Assessment must be
completed and uploaded to the application, which can be downloaded at
http://www.environment.gov.au/settlements/waste/product-stewardship/voluntaryarrangements/index.html.
For more information on completing the assessment please see the Financial Viability
Assessment Guide: Voluntary Product Stewardship. This document can be found
at http://www.environment.gov.au/settlements/waste/product-stewardship/voluntaryarrangements/index.html.
The Assessment must be completed by an independent third party assessor who meets
the minimum criteria specified in the Financial Viability Assessment Guide: Voluntary
Product Stewardship. The completion and cost of the assessment is the
applicant’s responsibility.
Legislative References:
Product Stewardship (Voluntary Arrangements) Instrument 2012:
Paragraphs 2.04(f)(i)-(vi)
Part 4 – Arrangement Outcomes
Outcomes refer to the specific and measurable objectives or targets that will be achieved by
the arrangement. Outcomes must relate to the products covered by the arrangement (see Part
5 for more information on products covered by the arrangement).
Outcomes must also further the objects of the Product Stewardship Act 2011, by:
Page 11 of 23

Reducing the impact that products have on the environment, throughout their lives;
and / or,

Reducing the impact that substances contained in products have on the environment,
and on the health and safety of human beings, throughout the lives of those products.
The objects of the Act are to be furthered by actions that relate to:
 Avoiding generating waste from products

Reducing or eliminating the amount of waste from products to be disposed of

Reducing or eliminating hazardous substances in products to be disposed of

Managing waste from products as a resource

Ensuring that products and waste from products are reused, recycled, recovered,
treated and disposed of in a safe, scientific and environmentally sound way
Other objects of the Act are:

To contribute to Australia meeting its international obligations concerning the impacts
referred to reducing the impact of the product identified above

To contribute to reducing the amount of greenhouse gases emitted, energy used and
water consumed in connection with the product and waste from the product
Example:
Outcomes must be a measurable performance indicator such as:
 a reduction in the quantity of hazardous materials used in manufacture per product; or,
 a recycling target set as a number of products or proportion of total products disposed of.
4.1. Proposed Outcomes
Attach documentation detailing the arrangement’s proposed outcomes, including the
activities to be undertaken.
Outcomes and activities should be specific, measurable and clearly defined. Information
provided should include: key performance indicators and milestones; any formulae for
calculating targets and measures; commencement and completion timelines; and the
roles and responsibilities for all parties involved in the delivery of outcomes.
Outcomes should cover the five year period of accreditation. Arrangements must set
milestones or interim targets, such as annual targets, as annual reporting against
outcomes will be required by accredited arrangements.
For each outcome, identify one or more product lifecycle categories that outcome relates
to. Product lifecycle categories identified should be consistent with the lifecycle
categories specified in Part 2. Product lifecycles include any combination of the
following:
 Manufacturing
 Supply and/or Use
 End-of-life
Page 12 of 23
Further information on these categories is provided in Part 2 - Fees.
Applicants should provide sufficient information on the arrangement, outcomes, activities
and timeframes to demonstrate the arrangement has the capacity to achieve its
outcomes.
Legislative References:
Product Stewardship Act 2011:
Section 4
Product Stewardship Regulation 2012:
Subregulation 9.1
Product Stewardship (Voluntary Arrangements) Instrument 2012:
Paragraph 2.04(c)
Paragraphs 2.06(a) and (b)
4.2. Arrangements Benefits
Attach detailed information to demonstrate that the arrangement will result in an overall
benefit to the environment, or human health and safety, over the lifecycle of the product.
Information provided should include consideration of potential negative impacts of the
arrangement’s activities or outcomes.
This requirement seeks to ensure that arrangements will not cause greater harm overall
across the lifecycle of the product, by considering any foreseeable adverse or
unintended impacts arising from the arrangement.
A full lifecycle analysis is not required to be undertaken, but rather a general assessment
by the applicant of foreseeable impacts and benefits resulting from the activities of the
arrangement. Supporting documentation including links to any reports or information
cited in the assessment will assist with the validating the information provided.
Legislative References:
Product Stewardship Act 2011:
Subsection 4(1)
Product Stewardship (Voluntary Arrangements) Instrument 2012:
Paragraph 2.05(1)(d)
Paragraph 2.06(a)
4.3. Arrangements Outcomes and Activities
Select which of the five listed activities will be addressed through the arrangement’s
outcomes and attach relevant documentation. Multiple selections can be made
where applicable.
It is a requirement that arrangements will take action through one or more of the
activities listed.
Page 13 of 23
Legislative References:
Product Stewardship Act 2011:
Paragraphs 4(2)(a)-(e)
Product Stewardship (Voluntary Arrangements) Instrument 2012:
Paragraph 2.04(c)
4.4. Best Outcomes
Select which of the three statements apply to the arrangement and attach relevant
documentation. Multiple selections can be made where applicable.
Applicants must demonstrate that the arrangement is achieving, or will achieve in the
five year period of accreditation, real and effective product stewardship outcomes on a
scale equivalent to the outcomes being achieved for comparable arrangements or
activities in Australia and internationally. Supporting documentation including links to any
reports or information cited in the research will need to be uploaded to assist with the
verification of the claims made.
Product stewardship outcomes and practices can vary. For example, the outcomes of an
arrangement operating in Europe may not be transferable to the Australian context
because the regulatory framework, or the type of product stewardship activities
employed to achieve the outcomes, may not be appropriate in Australian conditions.
Where a comparison is not appropriate or meaningful, or no other arrangement exists in
which to compare, the applicant will need to make a case as to why the outcomes
represent a step change or significant improvement in the Australian context. Again,
supporting documentation including reports and research will need to be uploaded to
assist with the verification of claims made.
Legislative References:
Product Stewardship (Voluntary Arrangements) Instrument 2012:
Paragraph 2.05(1)(c) and (d)
4.5. Jurisdictional Effect
Select which States or Territories in which the outcomes of the arrangement will have an
effect and attach relevant documentation.
The outcomes of the arrangement must have an effect in more than one state or
territory. This requirement aims to ensure that voluntary arrangements have a national
focus, consistent with the intent of the Act. Indirect outcomes of the arrangement may be
considered in relation to jurisdictional coverage.
Example:
An arrangement may make improvements to the manufacture of a product in one State, but
due to the national market for the product, other States and Territories are affected. Therefore,
the arrangement’s outcome meets the requirement that it have an effect in more than one
State or Territory.
Page 14 of 23
Legislative References:
Product Stewardship (Voluntary Arrangements) Instrument 2012:
Paragraph 2.04(d)
4.6. Operational Status
Select the arrangement’s operational status and attach relevant documentation.
To reduce potential risks to the integrity of the voluntary product stewardship
arrangement, applicants must demonstrate that they are operational or are ready to
commence operating.
If the arrangement is operational, attach documentation which establishes the
arrangement’s track record of performance for at least 12 months (or the period it has
been operating, if the arrangement has been operating less than 12 months).
Documents such as performance reporting and annual reports may be included to
demonstrate that the arrangement is operational.
If the arrangement is ready to start operating, attach documentation which demonstrates
that the arrangement has established governance, financing, logistics and risk
management processes.
Legislative References:
Product Stewardship (Voluntary Arrangements) Instrument 2012:
Paragraph 2.04(e)
Part 5 – Product(s) Covered Under the Arrangement
5.1. Class of Products
Attach documentation identifying which class of product(s) and/or product type(s) are
included under the arrangement and any specific products that are considered in or out
of scope.
Arrangements are accredited in relation to a ‘class of products’. This class of products is
to be determined by the arrangement and should adequately capture the type of
products that the arrangement will address through its outcomes and activities.
For the purposes of the accreditation of voluntary arrangements, the Act defines a
product as, a thing (including a substance or mixture of substances) that is: (a)
manufactured (see section 6).
Class of products can be broad (e.g. paper products) or narrow in scope (e.g.
newspapers). Arrangements should also further define any particular products that are
considered in or out of scope of that class of product (see example below).
In the documentation the relationship between the arrangement’s outcomes and the
class of product(s) should be made clear.
Page 15 of 23
Example:
An arrangement proposes to undertake end-of-life recycling for whitegoods – in particular,
fridges, washing machines, dryers, ovens and dishwashers. Having proposed a broad class of
product(s), the arrangement included the following scoping table:
Class of Products
Whitegoods (Major Appliances)
In Scope
Fridges
Washing Machines
Dryers
Ovens
Dishwashers
Out of Scope
Microwave Ovens
Water Heaters
Air Conditioners
Legislative References:
Product Stewardship Act 2011:
Paragraph 12(2)(a)
Product Stewardship (Voluntary Arrangements) Instrument 2012:
Paragraphs 2.06(a)-(c)
5.2. National Market
The Product Stewardship Act 2011 requires that the products covered by the
arrangement must be in a national market. Provide documentation demonstrating that
the use and/or sale of products covered by the arrangement is not limited to a particular
jurisdiction or region.
Legislative References:
Product Stewardship Act 2011:
Paragraph 5(a)
Product Stewardship (Voluntary Arrangements) Instrument 2012:
Paragraph 2.06(c)
5.3. Products in the Class of Products
It is a requirement of the Product Stewardship Act 2011 that the products covered by an
arrangement meet at least one of the three criteria listed. Select which of the three
statements applies to the products covered by the arrangement and provide supporting
documentation.
Legislative References:
Product Stewardship Act 2011:
Paragraph 5(b)
Product Stewardship (Voluntary Arrangements) Instrument 2012:
Paragraph 2.06(c)
Page 16 of 23
Part 6 – Arrangement Administration
6.1. Governance
Provide documentation demonstrating that the arrangement deals adequately with
governance and organisational systems. This must include details of (but not limited to):
 Governance systems for monitoring and achieving outcomes proposed by the
arrangement.
 Risk management processes relating to the governance of the arrangement
(noting that a full risk management plan is required at Part 6.7).
 Details of how the arrangement will be financed to meet administration costs
and achieve its outcomes (e.g. levies or fees to be paid by participants of the
arrangement to the administrator).
 Dispute resolution processes that enable disputes between the administrator
and the participants to be resolved appropriately and equitably.
 Internal accountability mechanisms and roles and procedures for decisionmaking.
Legislative References:
Product Stewardship (Voluntary Arrangements) Instrument 2012:
Paragraphs 2.04(f)(i),(ii),(v),(vi)
6.2. Participant Management
Administrators are responsible for achieving outcomes on behalf of the arrangement’s
participants. Participants may contribute funds or undertake activities to support the
implementation of an arrangement.
Provide documentation demonstrating that the arrangement has adequate procedures in
place to manage arrangement participants, such as:
 Requirements related to becoming, or ceasing to be, a participant
 Maintenance of confidential information
 Contracts or memorandums of understanding between parties, or internal
management documents of a company or association constituting
the arrangement
 Any fee structures or calculations for apportionment of costs
 Ongoing monitoring of participant performance, including the use of the logo
Legislative References:
Product Stewardship (Voluntary Arrangements) Instrument 2012:
Paragraph 2.04(f)(i)
Paragraph 2.06(d)
Page 17 of 23
6.3. Environmental and OHS Adequacy
Arrangements must deal with assessing the adequacy of the environmental, health and
safety policies and procedures in relation to the activities undertaken under the
arrangement. Activities under the arrangement include any service providers operating
under contract, as well as any third parties undertaking action for the purpose of
achieving the arrangement’s outcomes.
Provide sufficient documentation to demonstrate how the adequacy of environmental,
health and safety policies and procedures in relation to the arrangement will be
assessed, and that the conduct of any third parties or service providers engaged in
activities to support the arrangement will comply with policies and procedures in this
regard. Details should include (but are not limited to):
 Comprehensive risk assessment and management protocols (noting that a full
risk plan is required at Part 6.7)
 How practices of contractors and third parties will be monitored and assessed
 Any relevant industry standards or codes of practice, and how these will
be incorporated
 Emergency response procedures
 Regular reporting mechanisms
 Reporting mechanisms for major incidents or breaches of environmental or
health and safety legislation
 Processes for compliance with state and territory regulations related to the
movement of controlled waste across borders
Legislative References:
Product Stewardship (Voluntary Arrangements) Instrument 2012:
Paragraph 2.04(f)(iii)
6.4. Product Stewardship Logo Usage
Accredited arrangements will be granted use of the product stewardship logo. This logo
may be used to communicate the Australian Government’s accreditation of credible
voluntary product stewardship arrangements.
Use of the logo will only be permitted where it is in accordance with the arrangement.
The logo communicates to the community that the Australian Government has
accredited an arrangement’s activities and that an arrangement’s outcomes represent
best practice. It is important to ensure the logo is credible and to protect and maintain
the value of the logo.
The Minister (or delegate) may impose conditions on accreditation of a voluntary
arrangement, including the imposition of conditions relating to the use of the product
stewardship logo in relation to the arrangement. In considering whether to impose such
conditions, the Minister (or delegate) may consider the persons, or classes of persons,
who will be using the logo and the circumstances in which the logo is used by those
persons. The Australian Government Product Stewardship Logo Style Guide and the
Australian Government Product Stewardship Logo – Examples of the types of conditions
Page 18 of 23
that may be imposed on the accreditation of a voluntary product stewardship
arrangement relating to the use of the logo are available at
http://www.environment.gov.au/settlements/waste/product-stewardship/voluntaryarrangements/index.html.
Provide documentation listing all the persons, or classes of person, who will be licensed
or authorised by the arrangement to use the logo, and the circumstances in which those
persons will be licensed or authorised by the arrangement to use the logo.
Legislative References:
Product Stewardship Act 2011:
Sections 11, 12(2)(b), 14-16
Product Stewardship (Voluntary Arrangements) Instrument 2012:
Paragraph 2.04(f)(iv)
6.5. Communications
It is important that information about the arrangement and its activities are
communicated to the public. The Administrator will be required to keep up-to-date
information about the arrangement available on the internet throughout the period of
accreditation. Other communications might include:
 Publicising contact details for the arrangement
 Any planned media or social media advertising campaigns
 Strategies for communication with other affected stakeholders, such as industry
bodies, government representatives or potential service providers
Attach documentation demonstrating how the arrangement will communicate information
to the public.
Legislative References:
Product Stewardship (Voluntary Arrangements) Instrument 2012:
Paragraph 2.15
6.6. Monitoring Performance
Attach documentation demonstrating how the arrangement will monitor and evaluate the
performance of the arrangement to enable ongoing and annual performance reporting.
Administrators are required to provide an annual report to the department on their
arrangement’s performance against outcomes. This enables the department to ensure
arrangements are compliant with the conditions under which accreditation was granted.
The annual report must:
 Identify the class of products in relation to which the arrangement is accredited
 Describe the performance of the arrangement in relation to each outcome of
the arrangement
Page 19 of 23
 If an outcome was not achieved—explain why the outcome was not achieved
and the measures proposed to be implemented to rectify the failure to achieve
the outcome
 Include financial statements setting out the revenue and expenditure of
the arrangement
 Include evidence to support any claims made in the report
 Describe any activities undertaken in relation to the matters relating to
governance, financial arrangements, logo use, risk management and assessing
the adequacy of environmental, health and safety policies and practices
Along with the annual report, administrators must also provide an audit report about the
operation of the arrangement. The audit report must be prepared by:
 A person that is a registered company auditor under section 1280 of the
Corporations Act 2001
 A company that is an authorised audit company under section 1299C of that Act
The audit report must include:
 An audit of the financial statements setting out the revenue and expenditure of
the arrangement
 An audit of the performance of the arrangement in relation to each outcome of
the arrangement
 A statement from the person or company preparing the report that the audit was
conducted in accordance with any standard issued by the Auditing and
Assurance Standards Board that applies to the audit, as in force from time to
time
 A statement from the person or company preparing the report as to whether the
annual report is accurate and complies with section 2.11 and any conditions
Legislative References:
Product Stewardship (Voluntary Arrangements) Instrument 2012:
Paragraph 2.04(f)(v)
Paragraph 2.11
Paragraph 2.12
6.7. Risk Management
Provide a risk management plan detailing any issues and risks associated with the
arrangement, including any risk registers or matrices (or equivalent). Details should
include a comprehensive identification of risks and appropriate mitigation measures,
including (but not limited to):
 Occupational health and safety
 Compliance with legal requirements, including environmental licenses
 Demand for services (if applicable), and
Page 20 of 23
 Financial arrangements and insolvency
Include procedures for ensuring the risk management framework is actively implemented
and regularly monitored by the administrator.
Where an arrangement has multiple participants from a particular industry, assess
whether authorisation by the Australian Competition and Consumer Commission (ACCC)
is required under section 88 of the Competition and Consumer Act 2010. Provide
supporting evidence for whether this authorisation is required. Please provide
information if the ACCC has previously denied or revoked an authorisation for
the arrangement.
Legislative References:
Product Stewardship (Voluntary Arrangements) Instrument 2012:
Paragraph 2.04(f)(vi)
List of Participants of the Arrangement
6.8. List of Participants of the Arrangement
Provide a list of participants and / or prospective participants of the arrangement. All
participants who are expected to use the logo must be added to the list and identified as
a logo user in the Role field.
Public Notification
6.9. Public Notification
Applicants are to provide a short summary (no more than two sentences) of the
arrangement’s application for accreditation. This information will be published on the
department’s website. Information provided must include:
 The name of the administrator
 The class of products in relation to which the arrangement is seeking accredited
 The outcomes of the arrangement and activities to be undertaken
Page 21 of 23
DECLARATIONS
1. Environment, Health and Safety Undertaking
Consider whether the administrator will meet its obligations in relation to environment, health
and safety requirements and, if so, sign the undertaking.
2. Administrator’s Declaration
Consider the administrator’s obligations under the Act and Regulations and whether all
requirements in relation to this application have been met and, if so, sign the declaration.
3. Executive Officer Declaration
In determining whether the administrator is a fit and proper person, the minister (or delegate)
must be satisfied in respect to certain matters concerning the administrator, including each
executive officer(s). The Executive Officer Declaration relates to the executive officer(s) of
the administrator and is required to assess the administrator’s eligibility as an accredited
arrangement.
Select the applicable box for each part. If YES is selected for any of the parts, attach
documentation providing specific details.
Page 22 of 23
ASSESSMENT
Applications for accreditation will be assessed on a case-by-case basis, taking into account
how the arrangements are organised and the types of products to which the arrangement
relates.
To further inform a decision on whether the arrangement meets the requirements for
accreditation, the department may request additional information from the applicant.
Before granting accreditation the department must be satisfied that the applicant has
adequately addressed the requirements contained in the Product Stewardship Act 2011 and
the Product Stewardship (Voluntary Arrangements) Instrument 2012. Reasons for refusing
accreditation of an arrangement include (but are not limited to):

The Administrator is not a body corporate

The arrangement is not operational or ready to commence operating

The arrangement does not further the objects of the Act

The arrangement’s outcomes will not have an effect in more than one state or territory

The products covered by the arrangement do not meet the criteria described in Part 5.3

The application does not demonstrate that the arrangement is capable of achieving
outcomes on a scale equivalent to the outcomes being achieved for comparable
products in Australia and internationally

The proposed use of the product stewardship logo is considered inappropriate

The applicant has not provided any requested additional information to the department
within the specified timeframe

The applicant has provided false or misleading information

It is not in the public interest to accredit the arrangement
See the Assessment Process Overview and Timeline sections at the start of this guide for
more information on the assessment process.
Page 23 of 23
Download