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s 64I

Amending and ending scheme administration agreements

In force
Part 10AContainer deposit scheme
Division 10A.2Scheme administration

64I Amending and ending scheme administration agreements

(1)

A scheme administration agreement may be amended or ended by agreement, in writing, between the Minister and the scheme participant.

(2)

The Minister may, by written notice given to the scheme participant, amend or end a scheme administration agreement without the consent of the scheme participant—

(a)

if satisfied that the scheme participant has failed to meet a performance target under the agreement; or

(b)

in any other circumstance allowed by the agreement.

(3)

Without limiting subsection (2), the Minister may, without the consent of the scheme participant, amend a scheme administration agreement to include in the agreement a performance target or other matter required by this part or prescribed by regulation to be included in the agreement.

(4)

The scheme participant is not entitled to any compensation as a result of the amendment or end of a scheme administration agreement under subsection (2) (a) or (3).

(5)

A provision of a scheme administration agreement is void to the extent to which it purports to exclude, limit or modify the operation of this section.

(6)

A regulation may make further provision for amending or ending a scheme administration agreement.

(7)

In this section:

scheme participant, for a scheme administration agreement, means the scheme coordinator or a network operator who is a party to the agreement.

Division 10A.3 Scheme coordinator agreement

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