Australian Capital Territory Current Acts

CIRCULAR ECONOMY ACT 2023 - SECT 20

    (1)     If a person fails to comply with a notice under section 19 in relation to a prohibited product, an authorised person may—

        (a)     remove and dispose of the product; or

        (b)     authorise a stated person to remove and dispose of the product.

    (2)     However, the authorised person or stated person must not remove or dispose of the prohibited product unless—

        (a)     the period in which the person may make an application for review of the decision to which the notice relates has ended and the person has not made an application; or

        (b)     if the person applies to the ACAT for a review of the decision—

              (i)     the ACAT confirms the decision; or

              (ii)     if the ACAT varies or substitutes the decision and the varied or substituted decision requires the person to dispose of the product—the person fails to comply with the varied or substituted decision; or

              (iii)     the person withdraws the application.

    (3)     A person who fails to comply with a requirement in a notice under section 19 must pay to the Territory the reasonable cost of any removal or disposal carried out under this section.

Note     An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act

, s 177).