Container Refund Scheme Act 2022

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.