Introduction

The NSW Department of Climate Change, Energy, then Environment and Water (also referred in this Code as ‘us’, ‘we’) is empowering government agencies and businesses to use more recycled materials and products through the Choose Circular Directory (the Directory). The Directory is not a mandatory resource and does not guarantee compliance with any procurement or sustainability policies. This Code is intended to:

  • provide clear criteria and requirements for business registration in the Directory; and
  • support buyer confidence in the integrity of information in the Directory.

Application of the Code

The Code applies when a user self-registers on the Directory as a Supplier. Each Supplier must complete the Supplier Declaration verifying compliance with this Code and the accuracy of all information provided. All registrations are subject to approval. The Code does not supersede, alter or diminish a Supplier’s legislative, policy, regulatory or other contractual obligations. To ensure that the Code remains current and relevant, we may amend the requirements at any time. Any such changes will take effect when we publish this page, and we will email Suppliers of substantial changes.

By registering to the Directory, the Supplier must:

Meet the product compliance criteria

To be listed in the Directory, the Supplier must meet the following criteria:

  1. Supplier must either be a manufacturer, seller, distributor or retailer with the right to manufacture, sell, distribute or retail the product in New South Wales; 
  2. The Supplier must be able to supply products in New South Wales;
  3. The Supplier must ensure the products are fit for intended purpose and comply with all relevant laws and regulations;
  4. The Supplier must clearly state the quantifiable percentage of recycled content contained in each product;
  5. The Supplier must ensure all environmental claims, including the recycled content use in the product, are accurate, complete, current, not misleading and comply with the Australian Competition and Consumer Act 2010; and
  6. The Supplier must ensure any claims meet the Australian Competition & Consumer Commission Green Marketing Guidelines.

Provide information that is true, accurate, complete, current and not misleading

The Supplier is responsible for ensuring that all information in its Supplier profile and product listings is accurate, current and complete at all times. The Supplier must promptly update any information that becomes outdated, incomplete or inaccurate. This includes updating Supplier information in the buy.nsw Supplier Hub maintained by the NSW Department of Customer Service (if the Supplier’s profile is linked).

Any changes made in the buy.nsw Supplier Hub will be transferred to the Directory for our review within 24 hours.

Allow us to use any material you provide for the purposes of the Directory

Suppliers must read the Privacy Statement before registering in the Directory.

Information is collected, stored and used in accordance with the Privacy Statement. Suppliers have the right to request access to, and correction of, information provided to us.

Where the Supplier is registered with the buy.nsw Supplier Hub, we may notify and share Supplier information with the Department of Customer Service for operational reasons.

Implications of not complying with this Code

We may suspend or cease promotion of a Supplier’s product on the Directory at our discretion, including but not limited to circumstances where in our opinion:

  1. The product does not meet the compliance criteria;
  2. The product is likely to bring the Directory into disrepute; or
  3. Information provided by the Supplier appears to be false, inaccurate, incomplete, not current or misleading.

We reserve the right to request further information from the Supplier to review any such concerns and may also at our discretion suspend or end the Supplier account.

Definitions

Recycled material

Recycled materials are recovered materials processed to the point of being suitable for manufacturing into a final product or product component, or for direct use in applications like construction; or recycled material that has been incorporated into a product or product component or used in construction. 

Recycled content

For the purposes of the Directory, recycled content is the proportion by mass, of recycled material in a product (excluding product packaging). Only pre-consumer and post-consumer material shall be considered as recycled content.

  1. Pre-consumer material: material diverted from the waste stream during manufacturing process. Excluded is reutilisation of materials such as rework, regrind or scrap generated in a process and capable of being reclaimed within the same process that generated it.
  2. Post-consumer material: material generated by households or by commercial, industrial and institutional facilities in their role as end-users of the product which can no longer be used for its intended purpose. This includes returns of material from the distribution chain.