Waste Avoidance and Resource Recovery Act 2007

In this section —

a party to a scheme agreement (other than the Coordinator);

any other person who is —

the first responsible supplier of a beverage product; or

an exporter; or

a refund point operator; or

an MRF operator.

Regulations may deal with any matter in relation to a scheme participant, a scheme agreement or payments under a scheme agreement.

Without limiting subsection (2), regulations may do any of the following —

deal with the content of a scheme agreement, including the matters or terms that must be included in a scheme agreement;

require a scheme agreement to be approved by the Minister or CEO or be in a form or format approved by the Minister or CEO;

deal with, or with any matter in relation to, the review, amendment, assignment, novation, termination or term of a scheme agreement;

deal with, or with any matter in relation to, the following —

the cases or classes of cases in which a supply agreement is not to require a person to pay supply amounts, or is to require a person to pay reduced supply amounts;

the circumstances in which a requirement in a supply agreement to pay supply amounts has effect (including any conditions that must be met before payment is required);

the scheme participants or classes of scheme participants that may be entitled to payment under a scheme agreement;

the circumstances in which a scheme participant is entitled to payment under a scheme agreement (including any conditions that must be met before a scheme participant is entitled to payment);

how the amounts to be paid under a scheme agreement are to be calculated;

without limiting subparagraph (v), how supply amounts under a supply agreement are to be calculated, including the means for estimating the number of containers that will be returned to refund points that were used for beverage products to which the supply agreement relates;

without limiting subparagraph (v), how payments under an MRF agreement are to be calculated, including the means for estimating the number of containers collected or received by an MRF operator;

the terms and conditions of payment under a scheme agreement;

the manner in which the Coordinator or a scheme participant is required to make claims for payment under a scheme agreement;

the assessment of claims for payment under a scheme agreement;

impose obligations on a scheme participant, including in relation to complying with a scheme agreement, supplying beverage products, exporting beverage products, operating refund points, collecting or receiving beverage products, record keeping and reporting;

require information or documents given by a scheme participant or the Coordinator to be verified by statutory declaration;

deal with, or with any matter in relation to, an MRF operator sharing, with a local government operating a waste collection service, payments received by the MRF operator from the Coordinator, including —

agreements between MRF operators and the local governments in respect of the sharing of payments, including the period within which an agreement must be reached, and the consequences of failing to reach an agreement; and

how payments are to be shared in the absence of any agreement.