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Australian Government Accreditation of Voluntary Product Stewardship Arrangements Application 2013 Under the Product Stewardship Act 2011 Product Stewardship (Voluntary Arrangements) Instrument 2012 Product Stewardship Regulation 2012

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Page 1: Australian Government Accreditation of Voluntary Product ... · Voluntary Product Stewardship Arrangements Application 2013 Under the Product Stewardship Act 2011 ... department to

Australian Government Accreditation of

Voluntary Product Stewardship Arrangements

Application 2013Under the Product Stewardship Act 2011Product Stewardship (Voluntary Arrangements) Instrument 2012 Product Stewardship Regulation 2012

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Application 2013

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Contents Four Steps to Complete the Application ................................................................................ 3

Introduction ........................................................................................................................... 4

Enquiries ........................................................................................................................... 4

Disclosure ......................................................................................................................... 5

Payment of Fees ............................................................................................................... 5

Parts to Complete ................................................................................................................. 6

Part 1 – Administrator and Arrangement Details ................................................................ 6

Part 2 – Fees ..................................................................................................................... 7

Part 3 – Financial Viability Assessment ............................................................................. 8

Part 4 – Arrangement Outcomes ....................................................................................... 8

Part 5 – Product(s) Covered Under the Arrangement ...................................................... 10

Part 6 – Arrangement Administration ............................................................................... 11

List of Participants of the Arrangement ............................................................................ 12

Public Notification ............................................................................................................ 12

Declarations ........................................................................................................................ 13

1. Environment, Health and Safety Undertaking .............................................................. 13

2. Administrator Declaration ............................................................................................ 14

3. Executive Officer Declaration ...................................................................................... 15

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Four Steps to Complete the Application

The Australian Government Accreditation of Voluntary Product Stewardship Arrangements Application (the Application) can be completed in the four steps outlined below.

The application is hosted on the Product Stewardship Online portal (PSOnline). PSOnline is a secure online environment that enables you to enter and save information, upload business documentation to support your application and access guidance and assistance when you need it.

Step 1 Register for access to PSOnline

To register for access to PSOnline, you will need to provide the details of someone in your organisation who is able to act as a contact for the department during the application process. You will also be asked to provide some basic information on the proposed arrangement. This information will help the department to gain an understanding of the proposed arrangement and to provide assistance if needed.

Step 2

Access PSOnline and complete the Application

Once you have access to PSOnline and complete the Details section, you can work through the remaining sections of the application in any order. Different parts deal with matters including whether the applicant is a fit and proper person, the intended outcomes and the administration of the arrangement. The information you provide will enable the department to ensure that the arrangement’s intended outcomes are consistent with the objects of the legislation and that the arrangement is well placed to deliver its intended outcomes. Much of the information sought may already be in your existing business plan or other documents; PSOnline enables you to upload these documents and simply refer to these in your application.

Step 3

Have a financial advisor complete the Financial Viability Assessment template

An important part of the application process involves having an independent financial assessor look over the financial aspects of the arrangement. The purpose of this is to provide confidence that accredited arrangements will have sufficient resourcing and capability to deliver their intended outcomes. A template and guide is provided on PSOnline, which this should be given to your financial assessor.

Step 4

Pay the application fee

Once you have submitted your application, the department will contact you to arrange for the payment of the application fee, which will occur outside of PSOnline.

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Introduction

The Australian Government Accreditation of Voluntary Product Stewardship Arrangements Application (to be completed on PSOnline) is to be used by organisations that are applying for the accreditation of a voluntary product stewardship arrangement under the Product Stewardship Act 2011 in relation to a class of products. The application is to be completed by the administrator of a voluntary arrangement.

When completing the online application, please refer to the following:

• Australian Government Accreditation of Voluntary Product Stewardship Arrangements Application Guide

• 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

• Product Stewardship (Voluntary Arrangements) Instrument 2012

• Product Stewardship Regulation 2012

These documents are available on the Department of Sustainability, Environment, Water, Population and Communities’ (the department) website at http://www.environment.gov.au/settlements/waste/product-stewardship/voluntary-arrangements/index.html.

Enquiries

Enquiries regarding the completion of the online application can be made to:

Email: [email protected]

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

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Disclosure

In order to assess an application for the accreditation of a voluntary product stewardship 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 adverse consequences on the commercial interests of the applicant. As such, the department will treat applications and associated information confidentially. However, under 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.

Payment of Fees

The payment of the application fee must be made in full prior to the assessment of the application commencing. Fees must be received by the department before the closing date of the application round otherwise the application will be determined to be incomplete and will not be assessed. Once the fee has been paid the administrator may not be entitled to a refund, including where the application is withdrawn.

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Parts to Complete

Part 1 – Administrator and Arrangement Details

1.1 Provide contact details of the administrator below:

Body Corporate YES ABN

ACN (or N/A)

Street address

State Postcode

Postal address

State Postcode

Same as street address

YES

1.2 For the purposes of considering your application, confirm whether or not the administrator:

YES NO a. Has been convicted of any offence against a law of the Commonwealth (including the Act) or a

law of a State or Territory in the last 10 years

b. Has any civil penalty order made against it for a contravention of a civil penalty provision in the Act or a legislative instrument made under the Act (such as Regulations), if that contravention occurred within the last 10 years

c. Is bankrupt, or has applied for bankruptcy

d. Has, in any statement under the Act, provided false or misleading in a material particular, and whether the administrator or executive officer knew that the statement was false or misleading

e. Whether the administrator has been disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001

f. Is the administrator an externally-administered body corporate within the meaning given by section 9 of the Corporations Act 2001

Please note: Part VIIC of the Crimes Act 1914 includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them.

If you answered YES to any of the above questions, please provide details in a separate attachment.

1.3 Attach an Executive Officer Declaration Form located at Appendix 3 for each Executive Officer of the administrator.

Name of administrator

Trading names/s

Name of arrangement

Attachment Number:

Attachment Number: Number of Officers:

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1.4 Provide the details of a contact person for communication regarding this application:

Work Number

Mobile Fax

Email Please tick your preferred method of contact

Street address

State Postcode

Postal address

State Postcode

Same as street address

YES

Part 2 – Fees

Information on fees: Payment of the application fee must be made in full prior to the assessment of the application commencing. Payment must be received by the department before the end of the closing day of the open round. Upon submission of the online application, the department will be in contact with applicants regarding the payment of the application fee.

All application fees are non-refundable, even in the event that accreditation is not granted or when application is withdrawn after the payment of the fee.

2. Fee calculation:

The application fee for the accreditation of a voluntary arrangement is determined by the number of categories that an arrangement covers. The categories are set out as follows:

Title Surname Given Names

Position

Includes only manufacturing activity related to products or waste

Includes any of the following activities relating to products of waste:

a) supply b) use c) supply and use

Includes any of the following activities relating to products of waste:

a) reuse b) recycling c) recovery d) disposal e) any combination of

a) through d)

ManufacturingCategory 1

Supply and/or UseCategory 2

End-of-lifeCategory 3

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An arrangement’s activities may cover multiple categories. Further detail on the categories is set out in the Australian Government Accreditation of Voluntary Product Stewardship Arrangements Application Guide and the Product Stewardship Regulation 2012.

To calculate the non-refundable fee to be paid, select the category, or categories, of activity the arrangement covers below. The categories selected must correspond with the information provided throughout the application.

Select which of the following categories apply to the proposed arrangement: YES

a. Category 1 – Manufacturing

b. Category 2 – Supply and/or Use

c. Category 3 – End-of-life

Note that multiple selections can be made where applicable to the arrangement. Part 3 – Financial Viability Assessment

3. Attach a completed Financial Viability Assessment: Voluntary Product Stewardship (the Assessment) document. The Assessment seeks to ascertain the financial viability, sustainability and capacity of the proposed arrangement. This document can be downloaded at http://www.environment.gov.au/settlements/waste/product-stewardship/voluntary-arrangements/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/voluntary-arrangements/index.html.

Please note that 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 Assessment and the Guide documents should be provided to the assessor to enable them to complete the assessment.

The completion and cost of the assessment is the applicant’s responsibility. Applications for accreditation will be considered incomplete until the Assessment has been completed and uploaded to this online application.

Part 4 – Arrangement Outcomes

4.1 Attach documentation detailing the arrangement’s proposed outcomes, including the following:

a. The outcomes sought by the arrangement for the specified class of product(s)

b. The activities to be undertaken to achieve the specified outcomes

c. The categories that will be covered by the arrangement’s outcomes and activities

Total: $

Attachment Number:

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d. The timelines, milestones and key performance indicators for the achievement of the activities and stated outcomes

4.2 Attach information demonstrating that the arrangement will result in an overall benefit to the environment, or human health and safety, over the lifecycle of the product. 4.3 Select which of the following relates to the arrangement’s outcomes and activities. Attach documentation demonstrating how the arrangement proposes to achieve the identified benefits:

YES a. Avoiding generating waste from products

b. Reducing or eliminating the amount of waste from products to be

disposed of

c. Reducing or eliminating hazardous substances in products and in waste

from products

d. Managing waste from products as a resource

e. Ensuring that products and waste from products are reused, recycled,

recovered, treated and disposed of in a safe, scientific and environmentally sound way

Attachment Number: Page Reference:

Note that multiple selections can be made where applicable to the arrangement. 4.4 It is a requirement that accredited arrangements achieve best outcomes in relation to the class of products that they are accredited for. Select which of the following apply to the arrangement and attach documentation demonstrating that the arrangement will achieve best outcomes:

YES

a. The arrangement will achieve outcomes or activities equivalent to comparable arrangements in Australia – including other accredited voluntary arrangements

b. The arrangement will achieve outcomes or activities equivalent to comparable arrangements internationally

c. No comparisons can be made to arrangements, outcomes or activities in Australia or internationally, but evidence can be provided to demonstrate the achievement of best outcomes

Attachment Number: Page Reference:

Attachment Number: Page Reference:

Attachment Number: Page Reference:

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4.5 Select the states and/or territories in which the outcomes of the arrangement are having an effect or will have an effect. Attach documentation demonstrating how the outcomes of the arrangement have or will have an effect: YES

• ACT

• NT

• NSW

• QLD

• SA

• TAS

• VIC

• WA

Note that an arrangement’s outcome must have an effect in a minimum of two jurisdictions. The effect of the outcomes may be indirect (e.g. improvements to manufacture in one state, which affects other jurisdictions). 4.6 Select the arrangements operational status and attach documentation to demonstrate this: YES

a. The arrangement is operational

b. The arrangement is ready to start operating

Note that the arrangement must be established and must be operational, or ready to start operating upon receiving accreditation. Part 5 – Product(s) Covered Under the Arrangement

5.1 Attach documentation identifying which class of product(s) and/or product type(s) are included under the arrangement and particular products that are considered out of scope for the arrangement:

5.2 Attach documentation demonstrating that the product(s) included under the arrangement are in a national market: 5.3 Select and attach documentation demonstrating which of the following applies to the products in the class of products included under the arrangement: YES

a. The products contain hazardous substances

b. There is the potential to significantly increase the conservation of materials used in the products, or recovery of resources (including materials and energy) from waste from the products

Attachment Number: Page Reference:

Attachment Number: Page Reference:

Attachment Number: Page Reference:

Attachment Number: Page Reference:

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c. There is the potential to significantly reduce the impact that the products

have on the environment, or on the health or safety of human beings

Note that multiple selections can be made where applicable to the arrangement. However, a minimum of one selection must be made. Part 6 – Arrangement Administration

6.1 Attach documentation demonstrating the arrangement’s governance and organisational systems, including systems for achieving the outcomes sought by the arrangement, managing risk, resolving disputes and procedures for decision making:

6.2 Attach documentation demonstrating how the arrangement will effectively manage arrangement participants. 6.3 Attach documentation demonstrating how the arrangement will assess and ensure the ongoing adequacy of the environmental, health and safety policies and practices in relation to all aspects of the arrangement, including any activities undertaken under the arrangement.

Note the activities undertaken under the arrangement may include any service providers operating under the agreement or contracted to the arrangement. 6.4 Attach documentation demonstrating how the arrangement will manage the use of the product stewardship logo, including:

a. How the arrangement intends to comply with the conditions that may be imposed upon the use of the product stewardship logo stated in the 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 and the Australian Government Product Stewardship Logo Style Guide (including participants usage of the logo)

b. How the product stewardship logo will be used (including where it will be used)

c. Who, including arrangement participants, will be licensed to use the logo and how the participants usage of the logo will be managed

d. Ensure that all participants, including those who will use the logo are listed in response to part 6.8

Attachment Number: Page Reference:

Attachment Number: Page Reference:

Attachment Number: Page Reference:

Attachment Number: Page Reference:

Attachment Number: Page Reference:

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6.5 Attach documentation demonstrating how the arrangement will communicate information to the public, including the how the arrangement will meet the requirement to publish information on the internet describing the arrangement:

6.6 Attach documentation demonstrating how the arrangement will monitor and evaluate the performance of the arrangement to enable ongoing and annual performance reporting as required by the Product Stewardship Regulator.

6.7 Attach a risk management plan containing information on issues and risks associated with the arrangement’s implementation and how these will be managed.

List of Participants of the Arrangement

6.8 Provide a list of the participants and / or prospective participants of the arrangement below. 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

The information provided below will be published on the department’s website for public notification during the assessment period.

6.9 Provide a short summary (no more than two sentences) of the voluntary arrangement’s application for accreditation including, the name of the administrator, the class of products covered and the outcomes sought by the arrangement.

Attachment Number: Page Reference:

Attachment Number: Page Reference:

Attachment Number: Page Reference:

Name Role Responsibility ABN/ACN

(150w)

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Declarations

1. Environment, Health and Safety Undertaking

Please complete the following undertaking:

I declare that the administrator will take all reasonable steps to ensure that:

• the adequacy of environmental, health and safety policies and practices in relation to any activities undertaken as a part of the arrangement will be assessed;

• the arrangement will not carry out or engage a third party to undertake any activities under the arrangement unless the arrangement is satisfied that appropriate environmental, health and safety policies and practices are in place; and

• the arrangement will regularly monitor and review the conduct of service providers to ensure that all activities undertaken as a part of the arrangement is carried out in a safe and environmentally acceptable manner.

Representative signature

Representative Name

Date

Witness signature

Witness name

Date

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2. Administrator Declaration

WARNING: Giving false or misleading information is a serious offence. The making of a false or misleading statement in an application will impact your approval and may result in the cancellation of the arrangement’s approval.

Please complete the following declaration in regards to your position as the administrator of a voluntary product stewardship arrangement.

I declare that:

• the administrator is authorised to apply for this approval on behalf of the arrangement;

• to the best of my knowledge, the documentation and information contained on this form, including the attachments, is true and correct in every detail;

• I am aware of the provisions and obligations under the Voluntary Product Stewardship Instrument 2012 and the Product Stewardship Regulation 2012; and

• I understand that the application fee must be paid in full prior to the assessment of the application commencing and that this fee may not be refunded, including where the application is withdrawn.

Representative signature

Representative Name

Date

Witness signature

Witness name

Date

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3. Executive Officer Declaration

Full Name:____________________________________________________________________

Date of Birth: ____ /____ /____ Office held within Administrator: __________________________

Fit and Proper Person

For the purposes of considering your application, please confirm whether or not the executive officer: YES NO a. Has been convicted of any offence against a law of the Commonwealth (including the Act) or a

law of a State or Territory in the last 10 years

b. Has any civil penalty order made against it for a contravention of a civil penalty provision in the Act or a legislative instrument made under the Act (such as Regulations), if that contravention occurred within the last 10 years

c. Is bankrupt, or has applied for bankruptcy

d. Has, in any statement under the Act, provided false or misleading in a material particular, and whether the administrator or executive officer knew that the statement was false or misleading

e. Whether the executive officer has been disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001

Please note: Part VIIC of the Crimes Act 1914 includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them.

If you answered YES to any of the above questions, please provide details in a separate attachment.

Attachment Number:

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ENV138

.0613