Information for Liable Parties
Key Dates for Liable Parties in financial year 2015-16
May 2015 – Early notification letters were sent to parties identified as likely to be liable based on import data covering 1 July 2014 to 30 April 2015. The purpose of these letters is to alert importers to the likelihood that they are liable so that they can start considering entering into an agreement with a co-regulatory arrangement.
Late July 2015 – Letters will be sent to importers identified as liable based on their imports in the 2014-15 financial year. These letters will include a detailed Statement of Advice summarising the imports on which the assessment of liability was based, and enclose a notice under section 18 of the Product Stewardship Act 2011, requiring the organisation to become a member of an approved co-regulatory arrangement by 1 September 2015. Liable parties should check the data in the Statements of Advice for errors and advise the Department of Immigration and Border Protection of any necessary amendments by 31 October 2015.
1 September 2015 – Liable parties should join a co-regulatory arrangement by this date, and will face significant potential penalties where they have not done so.
8 September 2015 – Co-regulatory arrangements are required to provide their membership lists to the Department. From this time non members can expect follow up contact from the Department to encourage compliance.
31 October 2015 – Changes to the Department of Immigration and Border Protection data after this date will not be taken into account in the assessment of an organisation’s liability, except where the amount of goods for which the party is liable has increased as a result of the changes.
Mid November 2015 – Updated Statements of Advice will be provided to those liable parties that have amended their import declarations with the Department of Immigration and Border Protection. These revised Statements can be provided to the liable party’s co-regulatory arrangement to signal a change in the amount of products the arrangement must collect and recycle.
Who is a liable party?
The Product Stewardship (Televisions and Computers) Regulations 2011 specify which importers and manufacturers of televisions, computers, printers and computer products are liable parties.
In 2015–16, an importer or manufacturer is liable under the scheme if they are a constitutional corporation (a foreign corporation or a trading or financial corporation formed within Australia) and imported or manufactured more than a threshold amount of products during 2014–15. The threshold amounts are:
- 5,000 units of televisions
- 5,000 units of computers or printers
- 15,000 units of computer parts or peripherals
If the total number of products imported or manufactured by a group of related corporate bodies exceeds a scheme threshold, each member of the group that has imported or manufactured more than 1,000 products in their own right will be liable under the scheme.
How do I find out if my company is liable?
Data from import declarations is provided to the Department of the Environment by the Department of Immigration and Border Protection. Prior to finalisation of data, early notification letters are sent to parties who are likely to become liable, informing them about the scheme and its obligations. The Department then sends a statement of advice to each liable party in July.
All importers have a legal responsibility to accurately declare their imports to the Department of Immigration and Border Protection. Any corrections to import declarations for scheme products should be completed by 31 October each year. Changes made after that date to import declarations may not be taken into account under the scheme.
Liable Party Enquiries: 1800 332 783
What are liable parties’ obligations?
A liable party must be a member of an approved co-regulatory arrangement. The deadline for joining a co-regulatory arrangement in a new financial year is 1 September.
Co-regulatory arrangements manage the day to day operation of the scheme, including organising collection and recycling of waste televisions and computers on behalf of their members. Each approved co-regulatory arrangement must meet a recycling target that is determined based on their members’ share of total liable imports or manufactured products in the previous financial year. More information about recycling targets can be found on the Department’s website at: www.environment.gov.au/ewaste
Contact details for the approved co-regulatory arrangements are available on the Department’s web site:.
- More about Co-regulatory Arrangements - contact details
A liable party that has not met its obligation to become a member of a co-regulatory arrangement may be subject to substantial civil penalties. These penalties increase for every day that the liable party remains non-compliant.