Application
93 Application
Subject to subregulation (2), this Part applies to a brand owner so far as the brand owner is operating in Victoria.
This Part does not apply to the following brand owners—
a brand owner who is a signatory to the Australian Packaging Covenant and who is complying with the obligations of the Covenant;
a brand owner who is a signatory to, and is complying with, any other arrangement which the Authority is satisfied produces equivalent outcomes to those achieved by the Australian Packaging Covenant;
a brand owner who has an annual turnover in Australia of not more than $5 million.
Note
The Australian Packaging Covenant establishes monitoring, disciplinary and dispute resolution procedures to identify non-complying signatories and to refer non-complying signatories to jurisdictions. In particular, section 10 and Schedule 5 to the Australian Packaging Covenant set out the mechanisms for ensuring compliance with the Covenant.
For the purposes of subregulation (2), a brand owner is taken not to be complying with the Australian Packaging Covenant if—
the brand owner is a signatory to the Covenant; and
the Authority has been notified by APCO that the brand owner no longer has the benefit of being a signatory to the Covenant; and
since receiving that notification, the Authority has not received advice from APCO to the effect that APCO is satisfied that the brand owner is a compliant signatory.
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