Companies would answer for packaging from shelf to bin
Senator Peter Whish-Wilson's bill would make the Environment Minister set up a national packaging scheme within three months. Companies that make, bring in or sell packaging would have to deal with it once it is thrown out. They would have to meet firm targets.
Official name: Extended Producer Responsibility Scheme for Packaging (No Time to Waste) Bill 2026
- Today, packaging rules in Australia are mostly a matter of choice. The national targets have been missed.
- This bill would make the Environment Minister set up a national scheme that companies must join. It must happen within three months of the bill becoming law.
- Companies that make, bring in or sell packaging would be legally responsible for what happens to it after use.
- The National Packaging Targets would become firm rules. There would be design rules and a minimum share of recycled material.
- It is a private bill and is still before the Senate.
Who it affects
- Companies that make, bring in or hand out packaging: They would have a legal duty to look after their packaging until it is thrown out or reused. They would have to meet firm targets.
- Recyclers: A scheme everyone must join, with recycled material rules, would mean steadier demand for what they collect.
- Shoppers: Packaging on shelves would have to meet national rules on design and recycled material.
- States and territories: Their own packaging rules could be switched off where the national scheme covers the same ground.
Packaging targets badly missed
Some laws make the company that sells a product look after it once it becomes rubbish. This is called extended producer responsibility. For packaging, it means paying for or arranging its collection, recycling or getting rid of it safely.
In 2019, the government and industry agreed on the National Packaging Targets. The senator wrote notes that explain the bill. They say these targets have been badly missed. They say this is because companies could choose to take part, or share the job with industry.
In 2022, the state and federal environment ministers agreed to change packaging rules. In November 2023, they agreed the federal government would take charge of packaging rules. The government asked the public for comments in October 2024.
The notes say no federal law has come since. They say some states have made their own rules, which risks a messy mix of rules. They say recyclers now face a direct threat to their businesses.
Senator Peter Whish-Wilson brought this bill to the Senate to force a national scheme into place. It is a private bill. That means it did not come from the government.
Three month deadline
A law called the Recycling and Waste Reduction Act 2020 already lets the Environment Minister make rules that hold companies responsible for their products' waste. This bill would make the minister use that power for packaging.
The scheme would have to start three months after the bill starts. The minister could still write short-term rules to help companies join in an orderly way.
Normally, a product must sit on the minister's priority list, a list of products to act on, for at least 12 months before such rules can be made. The bill would remove that wait for packaging.
What the scheme must do
The bill sets goals the minister's rules must meet. Companies that make, bring in or hand out packaging would have a firm legal duty. They would have to look after it once it is used and thrown out.
The National Packaging Targets would become rules that must be met. The first focus would be on using less packaging, or none.
There would be strict design rules so packaging can be reused or recycled. Packaging would also need to contain a minimum share of recycled material.
The notes say the aim is to use less new plastic and cut plastic waste. It also aims to raise recycling, cut pollution and protect nature.
Say you bring in kitchen gadgets in plastic shells and foam. Under the scheme, you might have to switch to packaging that meets the design rules and has recycled material in it. You would also share the job of collecting it after use.
The scheme could use money rewards to cut packaging. The bill says these must not be so large that they become a tax.
Fitting with state laws
The rules could switch off named state or territory laws. Then companies would not face two sets of rules.
There is also an older national rule on the environment, called a national environment protection measure. It is made under the National Environment Protection Council Act 1994. The new scheme might replace it. The bill says one part of that Act, subsection 20(2), would not apply if the old rule is changed or cancelled because of the scheme. This removes a usual step in the process.
Regular reviews
The minister would have to check how the scheme is working. The first review must be done within three years of the scheme starting. Each later review must be done within five years of the one before.
Each review report must go to the minister. It must also be given to both houses of Parliament to read.
Waiting in the Senate
The bill would start the day after the Governor-General signs it. The Governor-General is the King's stand-in in Australia. The scheme would start three months after that.
Senator Whish-Wilson put the bill to the Senate on 13 May 2026. A vote on its main idea was proposed that day. The Senate debated it on 13 August 2026.
The bill is still before the Senate. The Senate would need to vote for it. Then the House of Representatives, the larger house of Parliament, would need to pass it before it could become law.
Its journey through Parliament
| 13 May 2026 | Senate: Introduced and read a first time |
| 13 May 2026 | Senate: Second reading moved |
| 13 Aug 2026 | Senate: Second reading debate |