47C

Terms used

Current

(1)

In this Part —

appointed day, for a section, has the meaning given in subsection (2);

beverage means —

(a)

a substance that is a liquid at room temperature and intended for human consumption by drinking; or

(b)

a thing or class of things prescribed by the regulations to be a beverage,

but does not include a thing or class of things prescribed by the regulations not to be a beverage;

beverage product means a product that consists of a particular beverage packaged in a container of a particular type;

civil penalty has the meaning given in section 47ZZ(1);

company means a company registered under the Corporations Act;

container means —

(a)

a vessel that is made to be —

(i)

filled with a beverage; and

(ii)

sealed for storage, transport and handling before being supplied for the use or consumption of the beverage;

(b)

a thing or class of things prescribed by the regulations to be a container,

but does not include a thing or class of things prescribed by the regulations not to be a container;

container approval has the meaning given in section 47F(1);

Coordinator means the company for the time being occupying the office of Coordinator of the scheme under section 47X;

Corporations Act means the Corporations Act 2001 (Commonwealth);

corresponding law means a law of the Commonwealth or another State or a Territory that is prescribed by the regulations to be a law corresponding to this Act;

disposal premises means premises —

(a)

which are used for the purpose of receiving waste; and

(b)

in respect of which the occupier is required to hold a licence under the Environmental Protection Act 1986, whether or not the licence is in force;

eligible company has the meaning given in section 47V(1);

eligible individual means an individual who —

(a)

is not an insolvent under administration within the meaning of the Corporations Act section 9; and

(b)

is not disqualified from managing corporations, under the Corporations Act Part 2D.6; and

(c)

has not been convicted of —

(i)

an offence against this Act, the Environmental Protection Act 1986 or a corresponding law; or

(ii)

an indictable offence, or an offence that, if committed in Western Australia, would be an indictable offence, against another written law or another law of the Commonwealth or another State or a Territory;

exporter means a person who, within the meaning given in section 47P(2), exports a beverage product;

export rebate agreement has the meaning given in section 47P(3);

first responsible supplier has the meaning given in section 47D;

Interim Coordinator has the meaning given in section 47ZT(1);

material recovery agreement has the meaning given in section 47R(2);

material recovery facility means —

(a)

a facility or other place at which recyclable waste is sorted and prepared for recycling, whether or not the waste is also recycled at the facility or place; or

(b)

a facility or other place or class of facilities or places prescribed by the regulations to be a material recovery facility,

but does not include a facility or other place or class of facilities or places prescribed by the regulations not to be a material recovery facility;

MRF operator means the operator of a material recovery facility;

prohibited manner, in relation to the disposal of a container, means disposing of the container —

(a)

at disposal premises; or

(b)

by burial; or

(c)

in contravention of the Environmental Protection Act 1986 Part V Division 1; or

(d)

in any other manner prescribed by the regulations to be a prohibited manner,

but does not include any manner of disposing of the container that is prescribed by the regulations not to be a prohibited manner;

refund amount means the amount prescribed for the purposes of section 47J;

refund mark means marking or labelling on a container that shows the refund amount and complies with the requirements prescribed by the regulations;

refund point means —

(a)

a facility or other place for the return of empty containers in exchange for the payment of refund amounts; or

(b)

a facility or other place or class of facilities or places prescribed by the regulations to be a refund point,

but does not include a facility or other place or class of facilities or places prescribed by the regulations not to be a refund point;

refund point agreement has the meaning given in section 47Q(1);

refund point operator means —

(a)

the operator of a refund point; or

(b)

a person or class of persons prescribed by the regulations to be a refund point operator,

but does not include a person or class of persons prescribed by the regulations not to be a refund point operator;

scheme means the container deposit scheme established by this Part;

Scheme Account has the meaning given in section 47ZN(1);

scheme agreement means each of the following —

(a)

an export rebate agreement;

(b)

a material recovery agreement;

(c)

a refund point agreement;

(d)

a supply agreement;

supply means —

(a)

to supply, by way of sale or otherwise, in the course of carrying on a business; or

(b)

to supply free of charge for a commercial or promotional purpose,

but does not include a transaction or class of transactions prescribed by the regulations not to be a supply;

supply agreement has the meaning given in section 47O(1);

supply amounts has the meaning given in section 47O(1);

type, in relation to a container, is the combination of —

(a)

the volume of a beverage the container is made to hold; and

(b)

the material the container is made of.

(2)

A reference in a section in this Part to the appointed day for the section is a reference to the day fixed by the Minister by order published in the Gazette to be the appointed day for the purposes of that section.

(3)

Subject to subsection (4), for the purposes of this Part, a supply of a beverage product is in the State if —

(a)

the beverage product is received in the State (whether or not the supplier is located in the State); or

(b)

under the regulations, it is taken to be in the State.

(4)

A supply of a beverage product is not in the State if, under the regulations, it is taken not to be in the State.

(5)

In sections 47ZE, 47ZF, 47ZM, 47ZN(1) and (2) and 47ZP a reference to a Coordinator includes a company that has been notified of its appointment to the office of Coordinator of the scheme under section 47X but has not yet commenced occupying the office.

[Section 47C inserted: No. 5 of 2019 s. 6.]

Regulations

This provision refers to the regulations (prescribed by the regulations, the regulations). Made under this Act:

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