Evidentiary certificate on electronic equipment under warranty

Hazardous Waste (Regulation of Exports and Imports) Act 1989
Section 58B

EVIDENTIARY CERTIFICATE

I, MARK HYMAN, Assistant Secretary, Environment Protection Branch, Department of the Environment and Heritage, a delegate of the Minister for the Environment and Heritage for the purposes of Section 58B of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 ("the Act"), having convened a Meeting of the Hazardous Waste Technical Group which was held on 11 February 2005 and, having consulted with the members of that Group who were present at that meeting, HEREBY STATE that electronic equipment satisfying the requirements set out in the schedule hereto is not hazardous waste for the purposes of the Act.

Schedule

Electronic equipment that is exported for purposes relating to honouring warranty obligations or product recalls issued by the original equipment manufacturer, provided that:

  1. it is being returned for repair or replacement because it is defective or faulty; and
  2. in relation to warranties:
    1. the cost of the repair or replacement is not borne by the warranty claimant; and
    2. the warranty is given before, or at the time of, the sale of the equipment to the warranty claimant; and
    3. the warranty identifies all of the following:
      1. the warrantor and any other party, such as the wholesaler or retailer, who may receive the electronic equipment returned under warranty;
      2. the period for which the warranty is valid;
      3. what is covered by, or included in, the warranty, such as parts and labour or hardware that was part of the electronic equipment sold;
      4. how the evidence of date of purchase will be shown; and
      5. any exclusions as to what will be covered by the warranty.

DATED this third day of March 2005

[signed]

Mark Hyman
Delegate of the Minister for the Environment and Heritage

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