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s 64N

Content of network operator agreements

In force
Part 10AContainer deposit scheme
Division 10A.4Network operator agreements

64N Content of network operator agreements

(1)

A network operator agreement must include provisions requiring the network operator to enter into and give effect to an arrangement with a person in relation to the administration and operation of collection points (a collection point arrangement) requiring the network operator to pay to the person refund amounts and associated handling costs for containers that are collected at the collection points (and for which a refund amount is payable under division 10A.6).

(2)

A network operator agreement must include any other provisions the Minister considers necessary to ensure—

(a)

a collection point arrangement required under the agreement sets out a methodology for determining the amounts payable under the arrangement; and

(b)

the network operator does not act unfairly, or unreasonably discriminate, against or in favour of a collection point operator in negotiating, entering into, performing obligations under or enforcing a collection point arrangement.

(3)

A network operator agreement may provide for any other matters the Minister considers appropriate for the management, administration or operation of the scheme.

(4)

A regulation may make provision in relation to—

(a)

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

(b)

the content of collection point arrangements under a network operator agreement.

(5)

Nothing in this section or any other provision of this division limits the matters for which a network operator agreement may provide.

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