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. 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