Container Refund Scheme Act 2022

Container Refund Scheme Act 2022

This Act may be cited as the Container Refund Scheme Act 2022.

This Act commences on a day or days to be proclaimed.

In this Act, unless the contrary intention appears –

approved container means a container approved in accordance with section 12(1);

approved container list means the list of approved containers that is kept and maintained in accordance with section 12(3);

approved form means a form approved by the Secretary;

associate, of a relevant scheme participant, includes – a person who – holds, or will hold, an interest in the business of another relevant scheme participant; and by virtue of that interest, is able to or will be able to exercise significant influence over the other relevant scheme participant; and a person who – holds, or will hold, an interest in a business in which another scheme participant also holds an interest; and by virtue of that interest, is able to, or will be able to, exercise significant influence over, or in respect of, that business; and a person who holds, or will hold, a relevant position in a business, of the scheme participant, that is being operated under this Act; and a spouse, partner within the meaning of the Relationships Act 2003, parent, child or sibling of – the scheme participant; or a person who holds a relevant position in the business of the scheme participant;

authorised officer includes – the Secretary; and a police officer; and a person appointed under section 35;

beverage means a liquid, other than medication, that is intended for human consumption by drinking;

beverage container means a container, other than an exempt container, that – is designed or manufactured to contain a liquid; and contains a beverage; and has been sealed while it contains the beverage to enable the beverage to be handled and transported in the container;

container refund machine means a machine, or other device, that is – designed or manufactured to pay the refund amount when an approved container is inserted in, or otherwise deposited at, the machine or device; or is prescribed as a container refund machine for the purposes of this Act;

container refund point– see section 4;

eligible container means – a beverage container; or a container, or other item, that is prescribed as an eligible container;

equivalent Act means an Act, or the provisions of an Act, in force in another State or a Territory, that substantially correspond to the provisions of this Act;

exempt container means a container that – is prescribed as a container to which this Act does not apply; or is a container from a class of containers that is prescribed as a class of containers to which this Act does not apply;

first responsible supplier– see section 5;

material recovery facility– see section 6;

material recovery facility operator means the person responsible for the operation of a material recovery facility;

network operator means a person appointed by the Minister as a network operator under section 15(1) or section 17;

network operator agreement means an agreement to be a network operator that complies with the requirements of this Act in respect of such an agreement;

pay, in relation to a refund amount, includes payments of the refund amount by way of – money; and vouchers that are redeemable at a later point in time; and donations to another person, or organisation, for charitable purposes; and other prescribed means of payment;

prescribed marks, in relation to an approved container, means the prescribed information, marks or labels required to be displayed on the exterior of the approved container;

refund amount– see section 7;

refund declaration means a declaration, in an approved form, relating to the depositing of a container at a container refund point;

refund point agreement means an agreement to operate a container refund point, that complies with the requirements of this Act in respect of such an agreement, between – a network operator; and the person, employed or engaged to operate the container refund point for the network operator;

refund point operator, in relation to a container refund point, means – the person employed, or engaged, to operate the container refund point under a refund point agreement; or if no such person is so employed or engaged, the network operator for the container refund point;

relevant appointment, in relation to a person, means the appointment of the person as a scheme coordinator or a network operator;

relevant commercial interest, in relation to an organisation or business, means any share of the capital of, or any entitlement to receive income from, the organisation or business, other than – as specified under this Act or in an agreement under this Act; or as provided on the same terms as would be provided to a member of the public;

relevant position, in relation to an organisation or business, means an executive position, or a position of influence or authority, within the organisation or business;

scheme means the container refund scheme established under section 10;

scheme coordinator means a person appointed by the Minister as scheme coordinator under section 14(1) or section 17;

scheme coordinator agreement means an agreement to be a scheme coordinator that complies with the requirements of this Act in respect of such an agreement;

scheme participant includes each of the following persons:a first responsible supplier; a scheme coordinator; a network operator; a refund point operator; a material recovery facility operator;

Secretary means the Secretary of the Department;

supply– see section 8;

supply agreement, in relation to an approved container, means an agreement relating to the supply of the container within the State, that – contains the prescribed terms and conditions; and complies with the requirements of this Act in respect of such an agreement.

For the purposes of this Act, the following are container refund points:a facility, or premises, where an empty approved container may be deposited in exchange for the payment of the refund amount; a container refund machine; a facility, premises or machine, or a class of facilities, premises or machines, that is or are prescribed as a container refund point.

Nothing in this Act prevents a container refund point from being operated – on a permanent or temporary basis; or from a permanent, or mobile, structure or vehicle; or on a for-profit basis or a not-for-profit basis.

For the avoidance of doubt, a container refund point does not include a location where an empty approved container may be deposited by a person with the intention that – another person is to deposit the container at a container refund point; and the refund amount in respect of the approved container is to be paid to the other person or another person.

For the purposes of this Act and subject to subsection (2), a person is the first responsible supplier in respect of one or more eligible containers if – the person first supplies those containers in the State; or the person is a member of a class of persons prescribed as the first responsible suppliers for the class of containers to which those containers belong.

Despite subsection (1)(a), a person is not the first responsible supplier for an eligible container solely on the basis that the person – is responsible for transporting the container – into the State from a location outside of the State; or within the State; or is engaged under a contract to do one or more of the following for, or on behalf of, another person:to make the container; to fill the container with a beverage; to seal a beverage in the container; or is a member of a class of persons that is prescribed as not being the first responsible supplier for the class of containers to which the container belongs.

If there is a dispute as to who is the first responsible supplier for one or more eligible containers, the Secretary may determine who is the first responsible supplier in respect of the containers.

For the purposes of this Act, a material recovery facility means – a facility, or premises, at which approved containers may be sorted and prepared for recycling; or a facility or premises, or a class of facilities or premises, that is or are prescribed as a material recovery facility.

Despite subsection (1)(a), a facility or premises, or class of facilities or premises, may be prescribed as not being a material recovery facility.

For the purposes of this Act, the refund amount payable for each approved container deposited at a container refund point under the scheme is the prescribed refund amount.

The regulations may also prescribe other means by which the refund amount may be payable under the scheme.

Subject to subsection (2), the supply of an eligible container under this Act includes the supply of the eligible container – by way of sale or otherwise, and whether by wholesale or retail, in the course of carrying on a business or another organisation; and for a commercial or promotional purpose, whether for consideration or otherwise; and in a prescribed manner or circumstance.

Despite subsection (1), the regulations may prescribe, in relation to an eligible container, the manner and circumstances that do not constitute the supply of the eligible container under this Act.

Unless the contrary intention appears, this Act is in addition to, and does not derogate from, the provisions of any other Act.

Nothing in this Act prevents a scheme participant from paying – a refund amount for a container other than an approved container; or an amount, under another scheme or program, for an approved container.

A container refund scheme is established to enable the payment of refunds for approved containers that are returned to container refund points operated under the scheme.

The scheme established under subsection (1) – applies in respect of approved containers; and is managed by a scheme coordinator; and is facilitated by a network operator.

A person must not supply an eligible container to another person if he or she is aware, or reasonably ought to be aware, that – the container is not approved under section 12; or the container does not display the prescribed marks. In the case of – a body corporate, a fine not exceeding 300 penalty units; or an individual, a fine not exceeding 100 penalty units.

The first responsible supplier for an eligible container must not supply the eligible container to another person unless – the container is approved under section 12; and the first responsible supplier has entered into a supply agreement with the scheme coordinator in respect of the container; and the container displays the prescribed marks. In the case of – a body corporate, a fine not exceeding 1 000 penalty units; or an individual, a fine not exceeding 500 penalty units.