Container Refund Scheme Act 2022

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.