Waste Reduction and Recycling Act 2011

A container collection agreement is a written agreement between the Organisation and the operator of a container refund point that includes provisions about the following matters—

the operator’s obligations under the agreement in relation to—

sorting empty containers and transporting the containers, or arranging for the containers to be transported, to a waste facility for recycling; and

keeping records, and reporting to the Organisation, about the refund amounts paid and containers collected, sorted and transported for recycling by the operator; and

ensuring the container refund point is accessible to the public, including by operating the container refund point at particular times;

the amounts payable to the operator under the agreement for—

refund amounts paid, or to be paid, by the operator for containers under subdivision 1; and

handling, sorting and transporting the containers for recycling;

when and how the operator may claim amounts mentioned in paragraph (b) and when and how the Organisation must pay the amounts;

if the agreement relates to a reverse vending machine—the types of containers to be collected using the machine;

whether the operator may subcontract the operation of the container refund point and the operator’s obligations to the Organisation if the operation is subcontracted;

a dispute resolution process for settling disputes between the Organisation and the operator;

the term of the agreement and when the agreement must be reviewed;

a process for either party to the agreement to seek an earlier review of the agreement or an amendment to it;

other matters prescribed by regulation.

A container collection agreement must also include the standard terms, about a matter mentioned in subsection (1) or another matter, prescribed by regulation.

The Organisation must give a person an information notice if—

the person asks the Organisation, in writing, to enter into a container collection agreement for the purpose of the person operating a container refund point; and

the Organisation decides not to enter into a container collection agreement with the person.

For subsection (3), the Organisation is taken to have decided not to enter into a container collection agreement with a person if the Organisation does not offer, in writing, to enter into an agreement with the person within 20 business days after the person makes the request mentioned in subsection (3)(a).