Waste Avoidance and Resource Recovery Act 2007

An eligible company is a company that —

is carried on other than for the profit or gain of its individual members; and

has a constitution that complies with subsection (2).

The constitution of a company complies with this subsection if it, at all times —

requires the company to maintain a board, constituted by 9 directors, that has the composition required under subsection (3); and

prohibits dividends being paid to, or the income, profits or assets of the company being distributed among, its members; and

requires the persons appointed or employed as executive officers of the company to be eligible individuals; and

includes provisions about —

the way the chair and directors are appointed and removed; and

the way the chair and directors vote on and decide matters; and

the remuneration and other entitlements of the chair and directors; and

the way the constitution is amended; and

any other matter prescribed by the regulations.

The required composition of the board is the following —

a chair who is —

a director; and

independent of the beverage industry; and

independent of the waste industry; and

approved by the Minister;

at least 1 director who is an executive officer, employee or business associate of a minor beverage supplier or an association that represents minor beverage suppliers;

at least 1 director who is an executive officer, employee or business associate of a major beverage supplier;

at least 1 director who —

is independent of the beverage industry; and

has experience in the recycling and waste industry (including, but not limited to, experience in waste recovery, processing, transport or logistics);

in addition to the chair, at least 1 other director who —

represents the interests of the community; and

is independent of the beverage industry; and

is independent of the waste industry; and

is approved by the Minister;

at least 2 other directors who —

have legal or financial qualifications and experience; and

are independent of the beverage industry; and

are independent of the waste industry.

Regulations may deal with any matter in relation to the Minister’s approval under subsection (3)(a)(iv) and (e)(iv) and may (without limitation) deal with the grounds on which the Minister may refuse to approve a person.