Waste Avoidance and Resource Recovery Act 2007

Subject to subsection (2), the first responsible supplier of a beverage product is —

the person who first supplies the beverage product in the State; or

the person who, under the regulations, is taken to be the first responsible supplier of the beverage product.

A person is not the first responsible supplier of a beverage product if, under the regulations, the person is taken not to be the first responsible supplier of the beverage product.

Unless the regulations provide otherwise, if a person (the transporter) only transports a beverage product between the supplier of the beverage product and the recipient of the beverage product, each of the following is not a supply of the beverage product —

the transfer of the beverage product from the supplier to the transporter;

the transfer of the beverage product from the transporter to the recipient.

Unless the regulations provide otherwise, if a person (the contract bottler) is engaged under a contract to make a beverage product or fill containers with a beverage for another person (the contract counterparty), in circumstances where the beverage product is manufactured solely for the contract counterparty, the transfer of the beverage product from the contract bottler to the contract counterparty following completion of the manufacturing process is not a supply.

For the purposes of subsections (1)(b) and (2), the regulations may provide for circumstances in which a person, or a person who belongs to a prescribed class or who meets prescribed criteria —

is taken to be the first responsible supplier of a beverage product or class of beverage products; or

is taken not to be the first responsible supplier of a beverage product or class of beverage products.

Without limiting subsection (5), the circumstances referred to in that subsection may include circumstances where a person has entered into an agreement with another person as to who is to be the first responsible supplier of a beverage product.