Waste Management and Resource Recovery Act 2016

The scheme coordinator agreement must include provisions requiring the scheme coordinator to enter into and give effect to the following:

an arrangement with a supplier (a supply arrangement) requiring the supplier to pay to the scheme coordinator contributions towards the cost of the management, administration and operation of the scheme;

an arrangement with a network operator (a network arrangement) in relation to the establishment, administration and operation of collection points requiring the scheme coordinator to pay to the operator refund amounts and associated administration and handling costs for containers that are collected at the collection points (and for which a collection point operator is required to pay a refund amount under section 64Y).

The scheme coordinator agreement must include any other provision the Minister considers necessary to ensure—

each scheme arrangement required under the agreement sets out a methodology for determining the amounts payable under the arrangement; and

the scheme coordinator does not act unfairly, or unreasonably discriminate, against or in favour of a scheme participant in negotiating, entering into, performing obligations under or enforcing a scheme arrangement.

The scheme coordinator agreement may provide for any other matter the Minister considers appropriate for the management, administration or operation of the scheme.

A regulation may make provision in relation to—

performance targets (including by reference to any stated network of collection points or area of operation) and any other matter to be included in the scheme coordinator agreement; and

the content of scheme arrangements under the scheme coordinator agreement.

The scheme coordinator agreement may contain provisions relating to the exercise by the scheme coordinator of similar functions under the law of a State relating to container deposit schemes.

Nothing in this section or any other provision of this division (except section 64M (Term of scheme coordinator agreement)) limits the matters for which the scheme coordinator agreement may provide.