Western Australian Bills Western Australian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Waste Avoidance and Resource Recovery
Amendment (Container Deposit) Bill 2018
Contents
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Long title amended 2
5. Section 19 amended 2
6. Part 5A inserted 3
Part 5A -- Container deposit scheme
Division 1 -- Preliminary
47A. Objects of Part 3
47B. Overview of container deposit scheme 3
47C. Terms used 4
47D. First responsible supplier 9
Division 2 -- Supply of beverage products
47E. Requirement for supply agreement,
container approval, refund mark and
barcode 11
47F. Container approval 11
47G. Regulations relating to container
approvals 12
47H. Review by State Administrative Tribunal 14
Division 3 -- Return of containers
47I. Requirements for refund point operators 15
47J. Refund amount 15
47K. Regulations relating to refund points and
refund amounts 15
47L. Coordinator as refund point operator 16
47M. Collected or returned containers must not
be disposed of in a prohibited manner 17
47N. Extraordinary circumstances exemption 19
115--2 page i
Waste Avoidance and Resource Recovery Amendment (Container Deposit)
Bill 2018
Contents
Division 4 -- Scheme agreements and scheme
participants
47O. Supply agreement 20
47P. Export rebate agreement 21
47Q. Refund point agreement 22
47R. Material recovery agreement 22
47S. Regulations relating to scheme
agreements and scheme participants 23
47T. Content of scheme agreements not limited 26
Division 5 -- Coordinator of the scheme
Subdivision 1 -- Preliminary
47U. Terms used 26
47V. Eligible company 28
Subdivision 2 -- Appointment of Coordinator of the
scheme
47W. Office of Coordinator of the scheme 30
47X. Appointment of Coordinator 30
47Y. Conditions of appointment 31
47Z. Functions of Coordinator 31
47ZA. Powers of Coordinator 33
47ZB. Delegation by Coordinator 33
Subdivision 3 -- Operations of Coordinator
47ZC. Coordinator must not act unfairly 34
47ZD. Coordinator performance targets 34
47ZE. Business plan of Coordinator 35
47ZF. Approval of business plan 36
47ZG. Amendment to business plan 37
47ZH. Compliance with business plan 38
47ZI. Reporting by Coordinator 38
47ZJ. Notification of events 39
47ZK. CEO to have access to information,
agreements and databases 40
Subdivision 4 -- Scheme Account
47ZL. Terms used 41
47ZM. Governance plan for Scheme Account 41
47ZN. Scheme Account 43
47ZO. Regulations relating to Scheme Account
and governance plans 44
Subdivision 5 -- Appointment of administrator or
Interim Coordinator and other Ministerial
powers
47ZP. Ministerial directions 44
47ZQ. Amendment, administration and
revocation 45
page ii
Waste Avoidance and Resource Recovery Amendment (Container
Deposit) Bill 2018
Contents
47ZR. Appointment of administrator 46
47ZS. Only the administrator can deal with the
Coordinator's property 47
47ZT. Interim Coordinator 48
47ZU. Remuneration and costs 49
47ZV. Providing assistance 50
47ZW. Review by State Administrative Tribunal 51
Subdivision 6 -- Transitional arrangements
47ZX. Transitional arrangements between
Coordinators 52
Division 6 -- Miscellaneous
47ZY. Penalties for Coordinator, Interim
Coordinator and directors of Coordinator 53
47ZZ. Civil penalty provisions 54
47ZZA. Inconsistent provision has no effect 55
47ZZB. Beverages consumed on interstate or
international journeys 56
47ZZC. Power to require information or material 56
47ZZD. Disclosure of information 57
47ZZE. Performance audit 58
47ZZF. False or misleading information 59
47ZZG. Authorisations for competition legislation 60
47ZZH. Corporations Act displacement 61
47ZZI. Powers in relation to transitional matters 61
7. Section 69 amended 63
8. Section 94 amended 63
page iii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Waste Avoidance and Resource Recovery
Amendment (Container Deposit) Bill 2018
A Bill for
An Act to amend the Waste Avoidance and Resource Recovery
Act 2007.
The Parliament of Western Australia enacts as follows:
page 1
Waste Avoidance and Resource Recovery Amendment (Container Deposit)
Bill 2018
s. 1
1 1. Short title
2 This is the Waste Avoidance and Resource Recovery
3 Amendment (Container Deposit) Act 2018.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) sections 1 and 2 -- on the day on which this Act
7 receives the Royal Assent;
8 (b) the rest of the Act -- on a day fixed by proclamation.
9 3. Act amended
10 This Act amends the Waste Avoidance and Resource Recovery
11 Act 2007.
12 4. Long title amended
13 In the long title after the 2nd bullet point insert:
14
15 establish a container deposit scheme; and
16
17 5. Section 19 amended
18 After section 19(1) insert:
19
20 (1A) A reference to "this Act" in Schedule 2 does not
21 include a reference to Part 5A.
22
page 2
Waste Avoidance and Resource Recovery Amendment (Container
Deposit) Bill 2018
s. 6
1 6. Part 5A inserted
2 After section 47 insert:
3
4 Part 5A -- Container deposit scheme
5 Division 1 -- Preliminary
6 47A. Objects of Part
7 The main objects of this Part are to --
8 (a) increase the recovery and recycling of empty
9 beverage containers; and
10 (b) reduce the number of empty beverage
11 containers that are disposed of as litter or to
12 landfill; and
13 (c) ensure that first responsible suppliers of
14 beverage products take product stewardship
15 responsibility in relation to their beverage
16 products; and
17 (d) provide opportunities for social enterprise, and
18 benefits for community organisations, through
19 participation in the container deposit scheme;
20 and
21 (e) create opportunities for employment; and
22 (f) complement existing collection and recycling
23 activities for recyclable waste.
24 47B. Overview of container deposit scheme
25 This Part establishes a container deposit scheme that
26 includes the following general features --
27 (a) a company will be appointed to the office of
28 Coordinator of the scheme with responsibility
29 for administering the scheme;
page 3
Waste Avoidance and Resource Recovery Amendment (Container Deposit)
Bill 2018
s. 6
1 (b) if a beverage is to be supplied in a container,
2 various conditions must be met, including a
3 supply agreement being in force that requires a
4 contribution to the costs of the scheme
5 (including the costs of refund amounts paid
6 under the scheme);
7 (c) a refund amount will be paid to a person who
8 returns an empty container to a refund point;
9 (d) containers that have been returned to a refund
10 point must not be disposed of in a prohibited
11 manner.
12 47C. Terms used
13 (1) In this Part --
14 appointed day, for a section, has the meaning given in
15 subsection (2);
16 beverage means --
17 (a) a substance that is a liquid at room temperature
18 and intended for human consumption by
19 drinking; or
20 (b) a thing or class of things prescribed by the
21 regulations to be a beverage,
22 but does not include a thing or class of things
23 prescribed by the regulations not to be a beverage;
24 beverage product means a product that consists of a
25 particular beverage packaged in a container of a
26 particular type;
27 civil penalty has the meaning given in section 47ZZ(1);
28 company means a company registered under the
29 Corporations Act;
30 container means --
31 (a) a vessel that is made to be --
32 (i) filled with a beverage; and
page 4
Waste Avoidance and Resource Recovery Amendment (Container
Deposit) Bill 2018
s. 6
1 (ii) sealed for storage, transport and
2 handling before being supplied for the
3 use or consumption of the beverage;
4 or
5 (b) a thing or class of things prescribed by the
6 regulations to be a container,
7 but does not include a thing or class of things
8 prescribed by the regulations not to be a container;
9 container approval has the meaning given in
10 section 47F(1);
11 Coordinator means the company for the time being
12 occupying the office of Coordinator of the scheme
13 under section 47X;
14 Corporations Act means the Corporations Act 2001
15 (Commonwealth);
16 corresponding law means a law of the Commonwealth
17 or another State or a Territory that is prescribed by the
18 regulations to be a law corresponding to this Act;
19 disposal premises means premises --
20 (a) which are used for the purpose of receiving
21 waste; and
22 (b) in respect of which the occupier is required to
23 hold a licence under the Environmental
24 Protection Act 1986, whether or not the licence
25 is in force;
26 eligible company has the meaning given in
27 section 47V(1);
28 eligible individual means an individual who --
29 (a) is not an insolvent under administration within
30 the meaning of the Corporations Act section 9;
31 and
32 (b) is not disqualified from managing corporations,
33 under the Corporations Act Part 2D.6; and
page 5
Waste Avoidance and Resource Recovery Amendment (Container Deposit)
Bill 2018
s. 6
1 (c) has not been convicted of --
2 (i) an offence against this Act, the
3 Environmental Protection Act 1986 or a
4 corresponding law; or
5 (ii) an indictable offence, or an offence that,
6 if committed in Western Australia,
7 would be an indictable offence, against
8 another written law or another law of
9 the Commonwealth or another State or a
10 Territory;
11 exporter means a person who, within the meaning
12 given in section 47P(2), exports a beverage product;
13 export rebate agreement has the meaning given in
14 section 47P(3);
15 first responsible supplier has the meaning given in
16 section 47D;
17 Interim Coordinator has the meaning given in
18 section 47ZT(1);
19 material recovery agreement has the meaning given in
20 section 47R(2);
21 material recovery facility means --
22 (a) a facility or other place at which recyclable
23 waste is sorted and prepared for recycling,
24 whether or not the waste is also recycled at the
25 facility or place; or
26 (b) a facility or other place or class of facilities or
27 places prescribed by the regulations to be a
28 material recovery facility,
29 but does not include a facility or other place or class of
30 facilities or places prescribed by the regulations not to
31 be a material recovery facility;
32 MRF operator means the operator of a material
33 recovery facility;
page 6
Waste Avoidance and Resource Recovery Amendment (Container
Deposit) Bill 2018
s. 6
1 prohibited manner, in relation to the disposal of a
2 container, means disposing of the container --
3 (a) at disposal premises; or
4 (b) by burial; or
5 (c) in contravention of the Environmental
6 Protection Act 1986 Part V Division 1; or
7 (d) in any other manner prescribed by the
8 regulations to be a prohibited manner,
9 but does not include any manner of disposing of the
10 container that is prescribed by the regulations not to be
11 a prohibited manner;
12 refund amount means the amount prescribed for the
13 purposes of section 47J;
14 refund mark means marking or labelling on a
15 container that shows the refund amount and complies
16 with the requirements prescribed by the regulations;
17 refund point means --
18 (a) a facility or other place for the return of empty
19 containers in exchange for the payment of
20 refund amounts; or
21 (b) a facility or other place or class of facilities or
22 places prescribed by the regulations to be a
23 refund point,
24 but does not include a facility or other place or class of
25 facilities or places prescribed by the regulations not to
26 be a refund point;
27 refund point agreement has the meaning given in
28 section 47Q(1);
29 refund point operator means --
30 (a) the operator of a refund point; or
page 7
Waste Avoidance and Resource Recovery Amendment (Container Deposit)
Bill 2018
s. 6
1 (b) a person or class of persons prescribed by the
2 regulations to be a refund point operator,
3 but does not include a person or class of persons
4 prescribed by the regulations not to be a refund point
5 operator;
6 scheme means the container deposit scheme
7 established by this Part;
8 Scheme Account has the meaning given in
9 section 47ZN(1);
10 scheme agreement means each of the following --
11 (a) an export rebate agreement;
12 (b) a material recovery agreement;
13 (c) a refund point agreement;
14 (d) a supply agreement;
15 supply means --
16 (a) to supply, by way of sale or otherwise, in the
17 course of carrying on a business; or
18 (b) to supply free of charge for a commercial or
19 promotional purpose,
20 but does not include a transaction or class of
21 transactions prescribed by the regulations not to be a
22 supply;
23 supply agreement has the meaning given in
24 section 47O(1);
25 supply amounts has the meaning given in
26 section 47O(1);
27 type, in relation to a container, is the combination of --
28 (a) the volume of a beverage the container is made
29 to hold; and
30 (b) the material the container is made of.
31 (2) A reference in a section in this Part to the appointed
32 day for the section is a reference to the day fixed by the
page 8
Waste Avoidance and Resource Recovery Amendment (Container
Deposit) Bill 2018
s. 6
1 Minister by order published in the Gazette to be the
2 appointed day for the purposes of that section.
3 (3) Subject to subsection (4), for the purposes of this Part,
4 a supply of a beverage product is in the State if --
5 (a) the beverage product is received in the State
6 (whether or not the supplier is located in the
7 State); or
8 (b) under the regulations, it is taken to be in the
9 State.
10 (4) A supply of a beverage product is not in the State if,
11 under the regulations, it is taken not to be in the State.
12 (5) In sections 47ZE, 47ZF, 47ZM, 47ZN(1) and (2) and
13 47ZP a reference to a Coordinator includes a company
14 that has been notified of its appointment to the office of
15 Coordinator of the scheme under section 47X but has
16 not yet commenced occupying the office.
17 47D. First responsible supplier
18 (1) Subject to subsection (2), the first responsible supplier
19 of a beverage product is --
20 (a) the person who first supplies the beverage
21 product in the State; or
22 (b) the person who, under the regulations, is taken
23 to be the first responsible supplier of the
24 beverage product.
25 (2) A person is not the first responsible supplier of a
26 beverage product if, under the regulations, the person is
27 taken not to be the first responsible supplier of the
28 beverage product.
29 (3) Unless the regulations provide otherwise, if a person
30 (the transporter) only transports a beverage product
31 between the supplier of the beverage product and the
page 9
Waste Avoidance and Resource Recovery Amendment (Container Deposit)
Bill 2018
s. 6
1 recipient of the beverage product, each of the following
2 is not a supply of the beverage product --
3 (a) the transfer of the beverage product from the
4 supplier to the transporter;
5 (b) the transfer of the beverage product from the
6 transporter to the recipient.
7 (4) Unless the regulations provide otherwise, if a person
8 (the contract bottler) is engaged under a contract to
9 make a beverage product or fill containers with a
10 beverage for another person (the contract
11 counterparty), in circumstances where the beverage
12 product is manufactured solely for the contract
13 counterparty, the transfer of the beverage product from
14 the contract bottler to the contract counterparty
15 following completion of the manufacturing process is
16 not a supply.
17 (5) For the purposes of subsections (1)(b) and (2), the
18 regulations may provide for circumstances in which a
19 person, or a person who belongs to a prescribed class
20 or who meets prescribed criteria --
21 (a) is taken to be the first responsible supplier of a
22 beverage product or class of beverage products;
23 or
24 (b) is taken not to be the first responsible supplier
25 of a beverage product or class of beverage
26 products.
27 (6) Without limiting subsection (5), the circumstances
28 referred to in that subsection may include
29 circumstances where a person has entered into an
30 agreement with another person as to who is to be the
31 first responsible supplier of a beverage product.
page 10
Waste Avoidance and Resource Recovery Amendment (Container
Deposit) Bill 2018
s. 6
1 Division 2 -- Supply of beverage products
2 47E. Requirement for supply agreement, container
3 approval, refund mark and barcode
4 (1) Subsection (2) applies on and after the appointed day
5 for this section.
6 (2) A person who is the first responsible supplier of a
7 beverage product commits an offence when the
8 beverage product is first supplied in the State unless, at
9 that time --
10 (a) a supply agreement is in force between the
11 person and the Coordinator in relation to the
12 beverage product; and
13 (b) a container approval that applies to the
14 beverage product is in force (whether or not it
15 is held by the person); and
16 (c) the container used for the beverage product
17 bears a refund mark and a barcode that
18 complies with the requirements prescribed by
19 the regulations.
20 Penalty for this subsection: a fine of $75 000.
21 (3) If a person charged with an offence against
22 subsection (2) supplied the beverage product in the
23 State, the person is taken, in any proceedings for the
24 offence, to be the first responsible supplier of the
25 beverage product unless the contrary is shown.
26 (4) Regulations may deal with any matter in relation to the
27 supply of beverage products or a person who supplies
28 beverage products.
29 47F. Container approval
30 (1) On and after the appointed day for this section, a
31 person may apply to the CEO for an approval (a
page 11
Waste Avoidance and Resource Recovery Amendment (Container Deposit)
Bill 2018
s. 6
1 container approval) that applies to a beverage product
2 or class of beverage products.
3 (2) The CEO may, subject to the regulations, grant or
4 refuse to grant the container approval.
5 (3) A container approval is subject to --
6 (a) any conditions prescribed by the regulations;
7 and
8 (b) any further conditions the CEO --
9 (i) considers necessary or desirable to
10 impose; and
11 (ii) specifies in the approval.
12 (4) The first responsible supplier of a beverage product
13 must not contravene a condition of a container
14 approval that applies to the beverage product.
15 Penalty for this subsection: a fine of $10 000.
16 47G. Regulations relating to container approvals
17 Regulations may deal with any matter in relation to
18 container approvals or applications for container
19 approvals, and may (without limitation) --
20 (a) deal with, or with any matter in relation to, any
21 of the following --
22 (i) the manner and form in which an
23 application for a container approval is to
24 be made and the process for applying;
25 (ii) the information that must accompany an
26 application for a container approval or
27 otherwise be provided to the CEO;
28 (iii) the payment of fees in relation to
29 container approvals or applications for
30 container approvals;
page 12
Waste Avoidance and Resource Recovery Amendment (Container
Deposit) Bill 2018
s. 6
1 (iv) the matters to be considered in deciding
2 whether to grant a container approval
3 and the criteria that must be met before
4 a container approval is granted;
5 (v) the grounds on which a container
6 approval may be refused or taken to be
7 refused;
8 (vi) the way in which the grant of, or refusal
9 to grant, a container approval is to be
10 communicated;
11 (vii) the conditions to be imposed on a
12 container approval, including the term
13 of a container approval;
14 (viii) the amendment of a container approval
15 by the CEO (including the amendment
16 or revocation of conditions on the
17 approval or the imposition of new
18 conditions);
19 (ix) the transfer of a container approval by
20 the holder;
21 (x) the suspension or cancellation of a
22 container approval by the CEO;
23 (xi) the maintenance by the Coordinator of a
24 public database of container approvals,
25 including the information to be
26 included, the information required to be
27 provided to the Coordinator, the
28 payment of fees or charges and the
29 requirements the database must comply
30 with;
31 and
32 (b) require the verification of information or
33 documents by statutory declaration; and
page 13
Waste Avoidance and Resource Recovery Amendment (Container Deposit)
Bill 2018
s. 6
1 (c) prescribe offences in relation to the supply by a
2 person or class of persons of beverage products
3 that do not have a container approval; and
4 (d) provide for any of the following --
5 (i) circumstances in which an approval
6 (however described) under a
7 corresponding law is taken to be a
8 container approval;
9 (ii) circumstances in which a container
10 approval is taken to be held, including
11 where an approval (however described)
12 is held under a corresponding law, or
13 where a person has complied with
14 prescribed requirements of a
15 corresponding law;
16 (iii) the conditions that apply to a container
17 approval referred to in subparagraphs (i)
18 and (ii).
19 47H. Review by State Administrative Tribunal
20 A person who is, or intends to be, the first responsible
21 supplier of a beverage product may apply to the State
22 Administrative Tribunal for a review of --
23 (a) a decision of the CEO to refuse to grant a
24 container approval that applies to the beverage
25 product; or
26 (b) a decision of the CEO to refuse to transfer a
27 container approval that applies to the beverage
28 product to or from the person (but only if, in the
29 case of a transfer of a container approval to the
30 person, the current holder of the container
31 approval has consented to the application for
32 review); or
page 14
Waste Avoidance and Resource Recovery Amendment (Container
Deposit) Bill 2018
s. 6
1 (c) a decision of the CEO to amend, suspend or
2 cancel a container approval that applies to the
3 beverage product.
4 Division 3 -- Return of containers
5 47I. Requirements for refund point operators
6 (1) A person (other than the Coordinator) must not act as a
7 refund point operator in respect of a refund point unless
8 a refund point agreement is in force between the person
9 and the Coordinator in respect of the refund point.
10 Penalty for this subsection: a fine of $75 000.
11 (2) Regulations may prescribe eligibility criteria that must
12 be met before a person may act as a refund point
13 operator.
14 47J. Refund amount
15 Regulations may prescribe an amount as the refund
16 amount for the purposes of this Part.
17 47K. Regulations relating to refund points and refund
18 amounts
19 Regulations may deal with any matter in relation to
20 refund points, refund amounts or the acceptance of
21 empty containers at refund points, and may (without
22 limitation) --
23 (a) prescribe the circumstances in which a refund
24 point operator --
25 (i) is or is not required to accept delivery of
26 an empty container presented by a
27 person to a refund point; and
28 (ii) is or is not required to pay to the person
29 the refund amount;
30 and
page 15
Waste Avoidance and Resource Recovery Amendment (Container Deposit)
Bill 2018
s. 6
1 (b) deal with, or with any matter in relation to, the
2 manner in which refund amounts are to be paid;
3 and
4 (c) prescribe any conditions that must be met
5 before a person may receive a refund amount
6 (including any information that a person must
7 give); and
8 (d) prohibit a person or class of persons from
9 claiming, or attempting to claim, payment of a
10 refund amount --
11 (i) to which they are not entitled under this
12 Act; or
13 (ii) in prescribed circumstances;
14 and
15 (e) require information or documents given by a
16 person to be verified by statutory declaration.
17 47L. Coordinator as refund point operator
18 (1) The Coordinator must not act as a refund point operator
19 unless directed to do so by the Minister.
20 (2) The Minister may direct the Coordinator to act as a
21 refund point operator in respect of a refund point --
22 (a) if --
23 (i) persons in part of the community do not
24 have reasonable access to a refund
25 point; and
26 (ii) the Coordinator has not identified
27 another person with whom to enter into
28 a refund point agreement to operate the
29 refund point;
30 or
page 16
Waste Avoidance and Resource Recovery Amendment (Container
Deposit) Bill 2018
s. 6
1 (b) if the achievement of the objects of this Part
2 may be materially adversely affected without
3 the provision of the refund point.
4 47M. Collected or returned containers must not be
5 disposed of in a prohibited manner
6 (1) In this section, an empty container is a collected
7 container if --
8 (a) a container approval is in force that applies to
9 the beverage product for which the container
10 was used; and
11 (b) the container has been collected or received by
12 an MRF operator (other than where the
13 container was returned to a refund point).
14 (2) In this section, an empty container is a returned
15 container if --
16 (a) a container approval is in force that applies to
17 the beverage product for which the container
18 was used; and
19 (b) the container has been returned to a refund
20 point.
21 (3) On and after the appointed day for this section, the
22 Coordinator must not dispose of, or allow the disposal
23 of, a collected container or a returned container in a
24 prohibited manner.
25 Penalty for this subsection: a fine of $250 000.
26 (4) On and after the appointed day for this section, an
27 MRF operator must not dispose of, or allow the
28 disposal of, a collected container or a returned
29 container in a prohibited manner.
30 Penalty for this subsection: a fine of $50 000.
page 17
Waste Avoidance and Resource Recovery Amendment (Container Deposit)
Bill 2018
s. 6
1 (5) On and after the appointed day for this section, a
2 person (other than the Coordinator or an MRF
3 operator) must not dispose of, or allow the disposal of,
4 a container in a prohibited manner if --
5 (a) the container is a collected container or a
6 returned container; and
7 (b) the person knows, or ought reasonably to know,
8 that the container is a collected container or a
9 returned container.
10 Penalty for this subsection: a fine of $50 000.
11 (6) If an exemption has been granted in respect of a
12 container under section 47N, subsections (3), (4) and
13 (5) do not apply to the container.
14 (7) For the purposes of subsections (3), (4) and (5), a
15 person has allowed the disposal of a container in a
16 prohibited manner if --
17 (a) the person arranged for the container to be
18 disposed of; and
19 (b) when the person made the arrangement, or at
20 any later time prior to the disposal, the person
21 knew, or ought reasonably to have known, that
22 the container was likely to be disposed of in a
23 prohibited manner; and
24 (c) the container was disposed of in a prohibited
25 manner.
26 (8) A person has not disposed of, or allowed the disposal
27 of, a container in a prohibited manner if --
28 (a) the person took the container, or arranged for
29 the container to be taken, to a facility at which
30 containers of that type can be recycled; and
31 (b) part of the container could not be recycled at
32 the facility; and
page 18
Waste Avoidance and Resource Recovery Amendment (Container
Deposit) Bill 2018
s. 6
1 (c) only that part of the container was disposed of
2 in a prohibited manner.
3 (9) Nothing in this section or section 47N affects the
4 liability of a person for disposing of a container in a
5 manner that contravenes the Environmental Protection
6 Act 1986 or any other written law.
7 47N. Extraordinary circumstances exemption
8 (1) This section applies if a container has become
9 unsuitable to be recycled because of extraordinary
10 circumstances.
11 (2) On and after the appointed day for this section, a
12 person may apply to the CEO for an exemption from
13 the requirements of section 47M in respect of the
14 container.
15 (3) The CEO may grant the exemption, subject to any
16 conditions that the CEO specifies in the exemption, if
17 satisfied that --
18 (a) the container has become unsuitable to be
19 recycled; and
20 (b) the circumstances that caused the container to
21 become unsuitable to be recycled were
22 extraordinary and either --
23 (i) could not have reasonably been foreseen
24 by the person; or
25 (ii) were beyond the person's control.
26 (4) A person who has been granted an exemption must
27 comply with any condition specified in the exemption.
28 Penalty for this subsection: a fine of $50 000.
page 19
Waste Avoidance and Resource Recovery Amendment (Container Deposit)
Bill 2018
s. 6
1 Division 4 -- Scheme agreements and scheme
2 participants
3 47O. Supply agreement
4 (1) The Coordinator may enter into a written agreement (a
5 supply agreement) with a person in relation to one or
6 more beverage products that includes provisions
7 about --
8 (a) unless the regulations provide otherwise, the
9 person's obligation to pay to the Coordinator
10 amounts (supply amounts) to contribute to the
11 costs of --
12 (i) paying refund amounts in relation to
13 containers used for the beverage
14 products that are returned to refund
15 points; and
16 (ii) paying amounts to MRF operators in
17 relation to containers used for the
18 beverage products that are collected or
19 received by the MRF operators; and
20 (iii) administering the scheme, including the
21 costs of paying other amounts to refund
22 point operators and any other costs
23 reasonably incurred by the Coordinator
24 in carrying out its functions;
25 and
26 (b) any other matter prescribed by the regulations.
27 (2) On and after the appointed day for this section, if a
28 supply agreement requires a person to pay supply
29 amounts, the person must pay the supply amounts to
30 the Coordinator in accordance with this Act and the
31 terms of the supply agreement.
32 Civil penalty: $50 000.
page 20
Waste Avoidance and Resource Recovery Amendment (Container
Deposit) Bill 2018
s. 6
1 (3) The Coordinator must not claim, or attempt to claim,
2 payment from a person under a supply agreement --
3 (a) if the Coordinator is not entitled to the payment
4 under this Act or the supply agreement; or
5 (b) in any other circumstances prescribed by the
6 regulations.
7 Civil penalty: $50 000.
8 47P. Export rebate agreement
9 (1) In this section --
10 scheme container means a container in relation to
11 which a supply amount has been paid under a supply
12 agreement.
13 (2) A person exports a beverage product --
14 (a) if the person supplies the beverage product
15 from the State to a place outside of the State,
16 unless under the regulations the supply of the
17 beverage product is taken not to be an export;
18 or
19 (b) if under the regulations, the person is taken to
20 export the beverage product.
21 (3) The Coordinator may enter into a written agreement
22 (an export rebate agreement) with an exporter that
23 includes provisions about --
24 (a) the Coordinator's obligation to make payments
25 to the exporter in relation to scheme containers
26 used for beverage products that the person
27 exports; and
28 (b) any other matter prescribed by the regulations.
page 21
Waste Avoidance and Resource Recovery Amendment (Container Deposit)
Bill 2018
s. 6
1 (4) An exporter must not claim, or attempt to claim,
2 payment from the Coordinator under an export rebate
3 agreement --
4 (a) if the exporter is not entitled to the payment
5 under this Act or the export rebate agreement;
6 or
7 (b) in any other circumstances prescribed by the
8 regulations.
9 Civil penalty: $50 000.
10 47Q. Refund point agreement
11 (1) The Coordinator may enter into a written agreement (a
12 refund point agreement) with a person that includes
13 provisions about --
14 (a) the Coordinator's obligation to make payments
15 to the person for certain costs incurred by the
16 person in operating a refund point; and
17 (b) any other matter prescribed by the regulations.
18 (2) A refund point operator must not claim, or attempt to
19 claim, payment from the Coordinator under a refund
20 point agreement --
21 (a) if the refund point operator is not entitled to the
22 payment under this Act or the refund point
23 agreement; or
24 (b) in any other circumstances prescribed by the
25 regulations.
26 Civil penalty: $50 000.
27 47R. Material recovery agreement
28 (1) In this section, a container is an approved container if
29 a container approval is in force that applies to the
30 beverage product for which the container was used.
page 22
Waste Avoidance and Resource Recovery Amendment (Container
Deposit) Bill 2018
s. 6
1 (2) The Coordinator may enter into a written agreement (a
2 material recovery agreement) with an MRF operator
3 that includes provisions about --
4 (a) the Coordinator's obligation to make payments
5 to the MRF operator in relation to empty
6 approved containers the MRF operator collects
7 or receives (other than containers that have
8 been returned to a refund point); and
9 (b) any other matter prescribed by the regulations.
10 (3) An MRF operator must not claim, or attempt to claim,
11 payment from the Coordinator under a material
12 recovery agreement --
13 (a) if the MRF operator is not entitled to the
14 payment under this Act or the material recovery
15 agreement; or
16 (b) in any other circumstances prescribed by the
17 regulations.
18 Civil penalty: $50 000.
19 47S. Regulations relating to scheme agreements and
20 scheme participants
21 (1) In this section --
22 scheme participant means each of the following --
23 (a) a party to a scheme agreement (other than the
24 Coordinator);
25 (b) any other person who is --
26 (i) the first responsible supplier of a
27 beverage product; or
28 (ii) an exporter; or
29 (iii) a refund point operator; or
30 (iv) an MRF operator.
page 23
Waste Avoidance and Resource Recovery Amendment (Container Deposit)
Bill 2018
s. 6
1 (2) Regulations may deal with any matter in relation to a
2 scheme participant, a scheme agreement or payments
3 under a scheme agreement.
4 (3) Without limiting subsection (2), regulations may do
5 any of the following --
6 (a) deal with the content of a scheme agreement,
7 including the matters or terms that must be
8 included in a scheme agreement;
9 (b) require a scheme agreement to be approved by
10 the Minister or CEO or be in a form or format
11 approved by the Minister or CEO;
12 (c) deal with, or with any matter in relation to, the
13 review, amendment, assignment, novation,
14 termination or term of a scheme agreement;
15 (d) deal with, or with any matter in relation to, the
16 following --
17 (i) the cases or classes of cases in which a
18 supply agreement is not to require a
19 person to pay supply amounts, or is to
20 require a person to pay reduced supply
21 amounts;
22 (ii) the circumstances in which a
23 requirement in a supply agreement to
24 pay supply amounts has effect
25 (including any conditions that must be
26 met before payment is required);
27 (iii) the scheme participants or classes of
28 scheme participants that may be entitled
29 to payment under a scheme agreement;
30 (iv) the circumstances in which a scheme
31 participant is entitled to payment under
32 a scheme agreement (including any
33 conditions that must be met before a
page 24
Waste Avoidance and Resource Recovery Amendment (Container
Deposit) Bill 2018
s. 6
1 scheme participant is entitled to
2 payment);
3 (v) how the amounts to be paid under a
4 scheme agreement are to be calculated;
5 (vi) without limiting subparagraph (v), how
6 supply amounts under a supply
7 agreement are to be calculated,
8 including the means for estimating the
9 number of containers that will be
10 returned to refund points that were used
11 for beverage products to which the
12 supply agreement relates;
13 (vii) without limiting subparagraph (v), how
14 payments under an MRF agreement are
15 to be calculated, including the means for
16 estimating the number of containers
17 collected or received by an MRF
18 operator;
19 (viii) the terms and conditions of payment
20 under a scheme agreement;
21 (ix) the manner in which the Coordinator or
22 a scheme participant is required to make
23 claims for payment under a scheme
24 agreement;
25 (x) the assessment of claims for payment
26 under a scheme agreement;
27 (e) impose obligations on a scheme participant,
28 including in relation to complying with a
29 scheme agreement, supplying beverage
30 products, exporting beverage products,
31 operating refund points, collecting or receiving
32 beverage products, record keeping and
33 reporting;
page 25
Waste Avoidance and Resource Recovery Amendment (Container Deposit)
Bill 2018
s. 6
1 (f) require information or documents given by a
2 scheme participant or the Coordinator to be
3 verified by statutory declaration;
4 (g) deal with, or with any matter in relation to, an
5 MRF operator sharing, with a local government
6 operating a waste collection service, payments
7 received by the MRF operator from the
8 Coordinator, including --
9 (i) agreements between MRF operators and
10 the local governments in respect of the
11 sharing of payments, including the
12 period within which an agreement must
13 be reached, and the consequences of
14 failing to reach an agreement; and
15 (ii) how payments are to be shared in the
16 absence of any agreement.
17 47T. Content of scheme agreements not limited
18 Subject to the regulations, nothing in this Division
19 limits the matters for which a scheme agreement may
20 provide.
21 Division 5 -- Coordinator of the scheme
22 Subdivision 1 -- Preliminary
23 47U. Terms used
24 (1) In this Division --
25 beverage supplier means --
26 (a) a person who supplies beverage products; or
27 (b) a person who does not supply beverage
28 products, but who is taken under this Act to be
29 the first responsible supplier of a beverage
30 product;
page 26
Waste Avoidance and Resource Recovery Amendment (Container
Deposit) Bill 2018
s. 6
1 business associate, of a corporation means --
2 (a) a member or shareholder of the corporation; or
3 (b) a person who otherwise holds a beneficial
4 interest in the corporation; or
5 (c) another person whom the Minister is satisfied is
6 associated with the ownership or management
7 of the corporation or is in a position to control
8 or influence the affairs of the corporation,
9 but does not include an executive officer of the
10 corporation;
11 corporation has the meaning given in the Corporations
12 Act section 57A;
13 executive officer, of a corporation, means a person
14 (whatever the person's position is called and whether
15 or not the person is a director of the corporation)
16 who --
17 (a) is a member of the governing body of the
18 corporation; or
19 (b) is concerned with, or takes part in, the
20 corporation's management;
21 independent of the beverage industry, in relation to a
22 person, means that the person is not a beverage
23 supplier or an executive officer, employee or business
24 associate of a beverage supplier;
25 independent of the waste industry, in relation to a
26 person, means that the person is not a provider of a
27 waste service, or an executive officer, employee or
28 business associate of a provider of a waste service;
29 major beverage supplier means a beverage supplier
30 other than a minor beverage supplier;
31 minor beverage supplier means a beverage supplier or
32 class of beverage suppliers that is prescribed by the
33 regulations to be a minor beverage supplier.
page 27
Waste Avoidance and Resource Recovery Amendment (Container Deposit)
Bill 2018
s. 6
1 47V. Eligible company
2 (1) An eligible company is a company that --
3 (a) is carried on other than for the profit or gain of
4 its individual members; and
5 (b) has a constitution that complies with
6 subsection (2).
7 (2) The constitution of a company complies with this
8 subsection if it, at all times --
9 (a) requires the company to maintain a board,
10 constituted by 9 directors, that has the
11 composition required under subsection (3); and
12 (b) prohibits dividends being paid to, or the
13 income, profits or assets of the company being
14 distributed among, its members; and
15 (c) requires the persons appointed or employed as
16 executive officers of the company to be eligible
17 individuals; and
18 (d) includes provisions about --
19 (i) the way the chair and directors are
20 appointed and removed; and
21 (ii) the way the chair and directors vote on
22 and decide matters; and
23 (iii) the remuneration and other entitlements
24 of the chair and directors; and
25 (iv) the way the constitution is amended;
26 and
27 (v) any other matter prescribed by the
28 regulations.
29 (3) The required composition of the board is the
30 following --
31 (a) a chair who is --
32 (i) a director; and
page 28
Waste Avoidance and Resource Recovery Amendment (Container
Deposit) Bill 2018
s. 6
1 (ii) independent of the beverage industry;
2 and
3 (iii) independent of the waste industry; and
4 (iv) approved by the Minister;
5 (b) at least 1 director who is an executive officer,
6 employee or business associate of a minor
7 beverage supplier or an association that
8 represents minor beverage suppliers;
9 (c) at least 1 director who is an executive officer,
10 employee or business associate of a major
11 beverage supplier;
12 (d) at least 1 director who --
13 (i) is independent of the beverage industry;
14 and
15 (ii) has experience in the recycling and
16 waste industry (including, but not
17 limited to, experience in waste recovery,
18 processing, transport or logistics);
19 (e) in addition to the chair, at least 1 other director
20 who --
21 (i) represents the interests of the
22 community; and
23 (ii) is independent of the beverage industry;
24 and
25 (iii) is independent of the waste industry;
26 and
27 (iv) is approved by the Minister;
28 (f) at least 2 other directors who --
29 (i) have legal or financial qualifications
30 and experience; and
page 29
Waste Avoidance and Resource Recovery Amendment (Container Deposit)
Bill 2018
s. 6
1 (ii) are independent of the beverage
2 industry; and
3 (iii) are independent of the waste industry.
4 (4) Regulations may deal with any matter in relation to the
5 Minister's approval under subsection (3)(a)(iv) and
6 (e)(iv) and may (without limitation) deal with the
7 grounds on which the Minister may refuse to approve a
8 person.
9 Subdivision 2 -- Appointment of Coordinator of the scheme
10 47W. Office of Coordinator of the scheme
11 (1) An office of Coordinator of the scheme is established.
12 (2) The office of Coordinator of the scheme is not --
13 (a) an office in the Public Service; or
14 (b) an organisation for the purposes of the Public
15 Sector Management Act 1994; or
16 (c) an office established for a public purpose.
17 (3) The Public Sector Management Act 1994 does not
18 apply to, or in relation to, the appointment of the
19 Coordinator and the Coordinator is not subject to that
20 Act.
21 (4) The Coordinator is not an agent of the State and does
22 not have the status, immunities and privileges of the
23 State.
24 47X. Appointment of Coordinator
25 (1) The Minister may appoint an eligible company to the
26 office of Coordinator of the scheme.
27 (2) The Minister may invite eligible companies to apply
28 for appointment to the office of Coordinator of the
page 30
Waste Avoidance and Resource Recovery Amendment (Container
Deposit) Bill 2018
s. 6
1 scheme, and may assess any applications received, in
2 any manner the Minister considers appropriate.
3 (3) The appointment of an eligible company to the office
4 of Coordinator of the scheme must be by notice in
5 writing given to the eligible company.
6 (4) The notice must specify --
7 (a) the day on which the eligible company is to
8 commence occupying the office; and
9 (b) whether the appointment is indefinite or for a
10 period specified in the notice; and
11 (c) any other matter prescribed by the regulations.
12 47Y. Conditions of appointment
13 (1) The Minister may attach conditions to an appointment
14 under section 47X(1).
15 (2) The conditions must be specified in the notice of
16 appointment.
17 (3) Regulations may deal with any matter in relation to the
18 Minister's power to attach conditions under
19 subsection (1) or amend or revoke or attach new
20 conditions under section 47ZQ(1)(a) and may (without
21 limitation) deal with the content of a condition or
22 amendment.
23 47Z. Functions of Coordinator
24 (1) The Coordinator's main function is to administer and
25 provide governance for the scheme.
26 (2) Without limiting subsection (1), the Coordinator has
27 the following functions --
28 (a) to enter into, and manage, supply agreements in
29 order to ensure contributions are made to the
30 costs of the scheme;
page 31
Waste Avoidance and Resource Recovery Amendment (Container Deposit)
Bill 2018
s. 6
1 (b) to establish and maintain databases of container
2 approvals and scheme agreements;
3 (c) to enter into, and manage, export rebate
4 agreements;
5 (d) to establish a network of refund points by
6 entering into refund point agreements and, if
7 directed to do so by the Minister, by acting as a
8 refund point operator;
9 (e) to enter into, and manage, refund point
10 agreements;
11 (f) to enter into, and manage, material recovery
12 agreements;
13 (g) to ensure arrangements are in place for --
14 (i) returning and collecting containers; and
15 (ii) handling, sorting, processing, verifying,
16 transporting and recycling containers
17 that have been returned to a refund point
18 or collected or received by an MRF
19 operator;
20 (h) to determine the amounts payable under the
21 scheme to and by the Coordinator under
22 scheme agreements;
23 (i) to make and receive the payments referred to in
24 paragraph (h);
25 (j) to ensure arrangements are in place for
26 verifying the validity of payments claimed and
27 made under the scheme;
28 (k) to raise and maintain public awareness of the
29 scheme, including how the scheme operates and
30 the location of refund points;
31 (l) to receive and deal with complaints relating to
32 the scheme from members of the public and
33 entities participating in the scheme;
page 32
Waste Avoidance and Resource Recovery Amendment (Container
Deposit) Bill 2018
s. 6
1 (m) to obtain data on recycling rates for containers
2 prior to the commencement of the scheme and
3 throughout its operation in order to measure the
4 outcomes of the scheme;
5 (n) any other functions given under this Act or
6 another Act.
7 (3) Regulations may deal with any matter in relation to the
8 Coordinator's functions, and may (without
9 limitation) --
10 (a) give the Coordinator additional functions; and
11 (b) deal with any matter in relation to the
12 Coordinator's performance of its functions.
13 47ZA. Powers of Coordinator
14 The Coordinator has all the powers it needs to perform
15 its functions.
16 47ZB. Delegation by Coordinator
17 (1) The Coordinator may delegate any function of the
18 Coordinator under another provision of this Act or
19 another written law to --
20 (a) a director of the Coordinator; or
21 (b) the chief executive officer of the Coordinator
22 (however described); or
23 (c) an appropriately qualified employee of the
24 Coordinator.
25 (2) The delegation must be in writing executed by the
26 Coordinator.
27 (3) Except as provided in subsection (4), a person to whom
28 a function is delegated under this section cannot
29 delegate that function.
page 33
Waste Avoidance and Resource Recovery Amendment (Container Deposit)
Bill 2018
s. 6
1 (4) A delegation under subsection (1)(b) to the chief
2 executive officer of the Coordinator (however
3 described) may expressly authorise the chief executive
4 officer to further delegate the function to an
5 appropriately qualified employee of the Coordinator.
6 (5) A person performing a function that has been delegated
7 to the person under this section is taken to do so in
8 accordance with the terms of the delegation, unless the
9 contrary is shown.
10 (6) Nothing in this section limits the ability of the
11 Coordinator to perform a function through an officer or
12 agent.
13 Subdivision 3 -- Operations of Coordinator
14 47ZC. Coordinator must not act unfairly
15 (1) In negotiating, entering into, performing obligations
16 under or enforcing a scheme agreement, the
17 Coordinator must not act unfairly, or unreasonably
18 discriminate, against or in favour of any person.
19 (2) The Coordinator must not enter into an agreement that
20 is, or contains a provision that is, inconsistent with this
21 Act.
22 47ZD. Coordinator performance targets
23 Regulations may deal with any matter in relation to
24 performance targets for the Coordinator, and may
25 (without limitation) deal with, or with any matter in
26 relation to --
27 (a) the performance targets and other measures by
28 which the performance of the Coordinator is to
29 be judged, which may include targets in
30 relation to --
31 (i) the number, location and accessibility to
32 the public of refund points; and
page 34
Waste Avoidance and Resource Recovery Amendment (Container
Deposit) Bill 2018
s. 6
1 (ii) the rate of return or collection of
2 containers (including by reference to
3 any particular area of operation);
4 and
5 (b) the period for which a performance target is to
6 be judged; and
7 (c) how the Coordinator is to report on its
8 performance against a performance target; and
9 (d) the consequences of the Coordinator failing to
10 achieve a performance target, which may
11 include the Minister giving a written direction,
12 appointing an administrator to the Coordinator,
13 or amending or revoking the appointment of the
14 Coordinator.
15 47ZE. Business plan of Coordinator
16 (1) The Coordinator must prepare a draft business plan and
17 give it to the Minister at each of the following times --
18 (a) in the case of the first draft business plan given
19 by a particular Coordinator -- at a time
20 directed by the Minister;
21 (b) in the case of subsequent plans -- no later than
22 3 months before the start of each financial year
23 that has not been covered by a business plan
24 given to the Minister.
25 (2) A draft business plan given under subsection (1) must
26 cover the following period (the relevant period) --
27 (a) in the case of a plan given under
28 subsection (1)(a) -- the period directed by the
29 Minister; and
30 (b) in any other case -- the financial year
31 following the day on which the plan is given.
page 35
Waste Avoidance and Resource Recovery Amendment (Container Deposit)
Bill 2018
s. 6
1 (3) A draft business plan must be prepared and given in
2 accordance with any requirements prescribed by the
3 regulations and must include --
4 (a) a budget of estimated costs of the scheme for
5 the relevant period, including the estimated
6 costs of --
7 (i) the Coordinator; and
8 (ii) refund amounts to be paid under the
9 scheme; and
10 (iii) the operation of refund points, including
11 handling, sorting, processing, verifying,
12 transporting and recycling containers;
13 and
14 (b) in the case of --
15 (i) a plan given under subsection (1)(a) --
16 a strategic plan for the duration of the
17 Coordinator's term of appointment or
18 any other period directed by the
19 Minister; and
20 (ii) any subsequent plan -- an update of the
21 original strategic plan for the duration of
22 the Coordinator's term of appointment
23 or any other period directed by the
24 Minister;
25 and
26 (c) an operational plan for the relevant period.
27 47ZF. Approval of business plan
28 (1) In this section --
29 relevant period means a financial year or another
30 period referred to in section 47ZE(2)(a).
page 36
Waste Avoidance and Resource Recovery Amendment (Container
Deposit) Bill 2018
s. 6
1 (2) If the Coordinator gives the Minister a draft business
2 plan in relation to a relevant period under section 47ZE
3 or subsection (3), the Minister may, by written
4 notice --
5 (a) approve the draft business plan; or
6 (b) direct the Coordinator to, within the period
7 specified in the notice --
8 (i) take specified steps in relation to the
9 draft business plan or make specified
10 modifications to the draft business plan;
11 and
12 (ii) submit a revised draft business plan.
13 (3) The Coordinator must comply with a direction under
14 subsection (2)(b) as soon as is practicable and in any
15 event within the period specified in the notice.
16 (4) A draft business plan in relation to a relevant period
17 that has been approved under subsection (2)(a) is the
18 business plan for that period.
19 (5) If the Minister has not approved a draft business plan
20 in relation to a relevant period before the start of that
21 period, the business plan for that period is, until a
22 business plan is approved for the period, the business
23 plan for the previous relevant period with any
24 modifications determined by the Minister.
25 47ZG. Amendment to business plan
26 (1) The Coordinator may amend a business plan during the
27 period covered by the plan.
28 (2) The Coordinator must give the amended business plan
29 to the Minister within 10 business days after making
30 the amendment.
31 (3) The Minister may, by written notice, approve the
32 amended business plan.
page 37
Waste Avoidance and Resource Recovery Amendment (Container Deposit)
Bill 2018
s. 6
1 (4) An amendment to a business plan, other than a minor
2 amendment that does not materially change the plan,
3 has no effect until the amended business plan has been
4 approved by the Minister.
5 47ZH. Compliance with business plan
6 (1) In this section --
7 business plan, for a period, means the business plan
8 that is the business plan for that period under
9 section 47ZF(4) or (5), as amended by any
10 amendments that have effect under section 47ZG.
11 (2) The Coordinator must have regard to the business plan
12 for the current period in carrying out its functions.
13 (3) The Coordinator must not depart significantly from the
14 business plan for the current period without first
15 obtaining the approval of the Minister.
16 (4) The Coordinator must ensure that a copy of the
17 business plan for the current period is --
18 (a) available for inspection by members of the
19 public at its principal place of business
20 whenever that place is open to the public; and
21 (b) published on the internet.
22 47ZI. Reporting by Coordinator
23 Regulations may deal with any matter in relation to the
24 provision or publication of information by the
25 Coordinator or the reporting and notification
26 obligations of the Coordinator, and may (without
27 limitation) --
28 (a) require the Coordinator to provide or publish
29 prescribed information or a prescribed class of
30 information; and
page 38
Waste Avoidance and Resource Recovery Amendment (Container
Deposit) Bill 2018
s. 6
1 (b) prescribe the format of information to be
2 provided or published; and
3 (c) require the Coordinator to notify the Minister
4 about a prescribed matter or event.
5 47ZJ. Notification of events
6 (1) In this section --
7 criminal record check, in relation to a person, means a
8 document issued by the Police Force of Western
9 Australia, the Australian Federal Police or the police
10 force of another State or a Territory that sets out the
11 criminal convictions (if any) of the person for offences
12 under the law of the State, the Commonwealth or the
13 other State or Territory.
14 (2) The Coordinator must notify the CEO within 10
15 business days after any of the following events
16 happens --
17 (a) the Coordinator ceases to be an eligible
18 company;
19 (b) an executive officer of the Coordinator ceases
20 to be an eligible individual;
21 (c) the appointment or employment of an executive
22 officer of the Coordinator ends;
23 (d) a person is appointed or employed as an
24 executive officer of the Coordinator;
25 (e) a shareholder or member of the Coordinator
26 ceases to be a shareholder or member of the
27 Coordinator;
28 (f) a person becomes a shareholder or member of
29 the Coordinator;
30 (g) the Coordinator becomes aware that a business
31 associate of the Coordinator is not an eligible
32 individual.
page 39
Waste Avoidance and Resource Recovery Amendment (Container Deposit)
Bill 2018
s. 6
1 (3) A notice about an event mentioned in subsection (2)(a)
2 must include the Coordinator's plan and timetable for
3 making the Coordinator an eligible company.
4 (4) A notice about an event mentioned in subsection (2)(d)
5 or (f) must be accompanied by the signed consent of
6 the person who is the subject of the notice to --
7 (a) the collection of personal or background
8 information about the person by the CEO; and
9 (b) a criminal record check.
10 47ZK. CEO to have access to information, agreements and
11 databases
12 (1) In this section --
13 document includes any tape, disk or other device or
14 medium on which information is recorded or stored;
15 information means information specified, or of a
16 description specified, by the CEO that relates to the
17 functions of the Coordinator.
18 (2) The CEO is entitled --
19 (a) to have information in the possession of the
20 Coordinator and, if the information is in or on a
21 document, to have, and make and retain copies
22 of, that document; and
23 (b) without limiting paragraph (a) --
24 (i) to have, and make and retain copies of,
25 any scheme agreement; and
26 (ii) to have access to, and extract and retain
27 data from, any database established by
28 the Coordinator under this Act.
page 40
Waste Avoidance and Resource Recovery Amendment (Container
Deposit) Bill 2018
s. 6
1 (3) For the purposes of subsection (2) the CEO may
2 request the Coordinator to --
3 (a) provide information, agreements or data to the
4 CEO; and
5 (b) give the CEO access to information,
6 agreements or a database.
7 (4) The Coordinator must comply with a request under
8 subsection (3).
9 Subdivision 4 -- Scheme Account
10 47ZL. Terms used
11 In this Subdivision --
12 approved governance plan, for a Scheme Account,
13 means the plan most recently approved by the CEO for
14 that Scheme Account under section 47ZM(4), as
15 amended by any amendments that have effect under
16 section 47ZM;
17 bank account means an account held at a bank as
18 defined in the Financial Management Act 2006
19 section 3;
20 scheme funds means any moneys prescribed by the
21 regulations.
22 47ZM. Governance plan for Scheme Account
23 (1) The Coordinator must prepare a draft governance plan
24 for a Scheme Account and give it to the CEO at each
25 time directed by the CEO.
26 (2) A draft governance plan must be prepared and given in
27 accordance with any requirements prescribed by the
28 regulations and must --
29 (a) in the case of the first draft governance plan
30 given by a particular Coordinator -- set out the
31 Coordinator's proposed governance
page 41
Waste Avoidance and Resource Recovery Amendment (Container Deposit)
Bill 2018
s. 6
1 arrangements for a Scheme Account, including
2 details of --
3 (i) how the funds in the Scheme Account
4 will be controlled and accounted for
5 during the Coordinator's appointment;
6 and
7 (ii) how the funds in the Scheme Account
8 will be transferred to the person who
9 replaces the Coordinator as Coordinator
10 following any expiry, revocation or
11 other termination of the Coordinator's
12 appointment;
13 and
14 (b) in the case of any subsequent plan -- consist of
15 an update of the original governance plan.
16 (3) Subsection (1) does not apply to an Interim
17 Coordinator.
18 (4) If the Coordinator gives the CEO a draft governance
19 plan under subsection (1) or (5), the CEO may, by
20 written notice --
21 (a) approve the draft governance plan; or
22 (b) direct the Coordinator to, within the period
23 specified in the notice --
24 (i) take specified steps in relation to the
25 draft governance plan or make specified
26 modifications to the draft governance
27 plan; and
28 (ii) submit a revised draft governance plan.
29 (5) The Coordinator must comply with a direction under
30 subsection (4)(b) as soon as is practicable and in any
31 event within the period specified in the notice.
page 42
Waste Avoidance and Resource Recovery Amendment (Container
Deposit) Bill 2018
s. 6
1 (6) If the Coordinator wishes to amend the governance
2 plan, the Coordinator must give the amended
3 governance plan to the CEO within 10 business days
4 after making the amendment.
5 (7) The CEO may, by written notice, approve the amended
6 governance plan.
7 (8) An amendment to a governance plan, other than a
8 minor amendment that does not materially change the
9 plan, has no effect until the amended governance plan
10 has been approved by the CEO.
11 47ZN. Scheme Account
12 (1) The Coordinator must establish a bank account (the
13 Scheme Account) in accordance with subsection (2).
14 Penalty for this subsection:
15 (a) a fine of $250 000;
16 (b) a daily penalty of a fine of $2 500 for each
17 day or part of a day during which the offence
18 continues.
19 (2) The Scheme Account must be established by the
20 Coordinator --
21 (a) after the first occasion on which the CEO
22 approves a draft governance plan given to the
23 CEO under section 47ZM by that Coordinator;
24 and
25 (b) before the earlier of --
26 (i) 10 business days after the approval; or
27 (ii) the day on which the Coordinator
28 commences occupying the office of
29 Coordinator of the scheme.
page 43
Waste Avoidance and Resource Recovery Amendment (Container Deposit)
Bill 2018
s. 6
1 (3) The Coordinator must maintain the Scheme Account in
2 accordance with this Act and the approved governance
3 plan for the Scheme Account.
4 Penalty for this subsection: a fine of $250 000.
5 (4) The Coordinator --
6 (a) must credit all scheme funds to the Scheme
7 Account; and
8 (b) must not credit any moneys other than scheme
9 funds to the Scheme Account.
10 Penalty for this subsection: a fine of $250 000.
11 47ZO. Regulations relating to Scheme Account and
12 governance plans
13 Regulations may deal with any matter in relation to the
14 Scheme Account, the use of moneys in the Scheme
15 Account, draft governance plans or approved
16 governance plans for the Scheme Account.
17 Subdivision 5 -- Appointment of administrator or Interim
18 Coordinator and other Ministerial powers
19 47ZP. Ministerial directions
20 (1) The Minister may --
21 (a) give written directions to the Coordinator with
22 respect to the performance of its functions
23 under this or any other Act, either generally or
24 in relation to a particular matter; and
25 (b) amend or revoke a direction given under
26 paragraph (a).
page 44
Waste Avoidance and Resource Recovery Amendment (Container
Deposit) Bill 2018
s. 6
1 (2) Regulations may deal with any matter in relation to a
2 power of the Minister under subsection (1) and may
3 (without limitation) deal with --
4 (a) the grounds on which the Minister may give,
5 amend or revoke a direction; and
6 (b) the process that must be followed in relation to
7 the giving, amending or revoking of a direction;
8 and
9 (c) the content of a direction or amendment.
10 (3) The Coordinator must comply with a direction given
11 under subsection (1).
12 Civil penalty: $125 000.
13 47ZQ. Amendment, administration and revocation
14 (1) The Minister may, if the Minister considers it
15 appropriate, do any one or more of the following --
16 (a) amend or revoke the conditions that apply to
17 the appointment of the Coordinator or attach
18 new conditions to the appointment;
19 (b) appoint an administrator to the Coordinator or
20 remove an administrator that has been
21 appointed;
22 (c) revoke the appointment of the Coordinator.
23 (2) Without limiting the grounds on which the Minister
24 may exercise a power under subsection (1), the
25 Minister may exercise the power if the Coordinator has
26 contravened a provision of this Part or a regulation
27 made for the purposes of this Part.
28 (3) Regulations may deal with any matter in relation to a
29 power of the Minister under subsection (1) and may
30 (without limitation) deal with --
31 (a) the grounds on which the Minister may exercise
32 a power under subsection (1); and
page 45
Waste Avoidance and Resource Recovery Amendment (Container Deposit)
Bill 2018
s. 6
1 (b) the process that must be followed in relation to
2 the Minister's exercise of a power under
3 subsection (1).
4 (4) Nothing in this Subdivision is intended to exclude or
5 limit the operation of the Corporations Act Chapter 5.
6 47ZR. Appointment of administrator
7 (1) This section applies if the Minister appoints an
8 administrator to the Coordinator under
9 section 47ZQ(1)(b).
10 (2) The Minister may, in the notice of appointment --
11 (a) limit the functions or powers of the
12 administrator; or
13 (b) attach conditions to the appointment of the
14 administrator.
15 (3) Subject to any limits and conditions in its notice of
16 appointment, an administrator, during the
17 administrator's term of appointment and to the
18 exclusion of any other person --
19 (a) has control of the Coordinator's business,
20 property and affairs; and
21 (b) may carry on that business and manage that
22 property and those affairs; and
23 (c) may terminate or dispose of all or part of that
24 business, and may dispose of any of that
25 property; and
26 (d) may perform any function that the Coordinator
27 or any of its officers could perform if the
28 administrator had not been appointed; and
29 (e) has the other functions stated in the
30 administrator's notice of appointment.
page 46
Waste Avoidance and Resource Recovery Amendment (Container
Deposit) Bill 2018
s. 6
1 (4) Nothing in subsection (3) limits the generality of
2 anything else in it.
3 (5) Subject to any limits and conditions in its notice of
4 appointment, the administrator has all the powers it
5 needs to perform its functions.
6 (6) When performing a function the administrator is taken
7 to be acting as the Coordinator's agent.
8 (7) The appointment of an administrator under
9 section 47ZQ(1)(b) ends by force of this subsection if
10 an administrator is appointed to the Coordinator under
11 the Corporations Act Part 5.3A.
12 (8) Regulations may deal with any matter in relation to an
13 administrator appointed under section 47ZQ(1)(b).
14 47ZS. Only the administrator can deal with the
15 Coordinator's property
16 (1) In this section --
17 Australian ADI has the meaning given in the
18 Corporations Act section 9;
19 Court means the Supreme Court of Western Australia.
20 (2) This section applies if --
21 (a) an administrator is appointed to the Coordinator
22 under section 47ZQ(1)(b); and
23 (b) during the term of the administrator's
24 appointment, the Coordinator purports to enter
25 into, or a person purports to enter into on behalf
26 of the Coordinator, a transaction or dealing
27 affecting property of the Coordinator.
28 (3) The transaction or dealing is void unless --
29 (a) the administrator entered into it on the
30 Coordinator's behalf; or
page 47
Waste Avoidance and Resource Recovery Amendment (Container Deposit)
Bill 2018
s. 6
1 (b) the administrator consented to it in writing
2 before it was entered into; or
3 (c) it was entered into under an order of the Court.
4 (4) Subsection (3) does not apply to a payment made --
5 (a) by an Australian ADI out of an account kept by
6 the Coordinator with the ADI; and
7 (b) in good faith and in the ordinary course of the
8 ADI's banking business; and
9 (c) on or before the day on which the administrator
10 gives to the Australian ADI written notice of
11 the administrator's appointment.
12 (5) Subsection (3) has effect subject to an order that the
13 Court makes after the purported transaction or dealing.
14 (6) If, because of subsection (3), the transaction or dealing
15 is void, or would be void apart from subsection (5), an
16 officer or employee of the Coordinator commits an
17 offence if the officer or employee --
18 (a) purported to enter into the transaction or
19 dealing on the Coordinator's behalf; or
20 (b) was in any other way, by act or omission,
21 directly or indirectly, knowingly concerned in,
22 or party to, the transaction or dealing.
23 Penalty for this subsection: a fine of $10 000.
24 47ZT. Interim Coordinator
25 (1) If the appointment of a company to the office of
26 Coordinator of the scheme is revoked or otherwise
27 terminated, the Minister may appoint a person (the
28 Interim Coordinator) to perform the functions of the
29 Coordinator for a specified period or until the Minister
30 appoints an eligible company to the office of
31 Coordinator of the scheme under section 47X.
page 48
Waste Avoidance and Resource Recovery Amendment (Container
Deposit) Bill 2018
s. 6
1 (2) The Minister may, in the notice of appointment --
2 (a) limit the functions or powers of the Interim
3 Coordinator; or
4 (b) attach conditions to the appointment of the
5 Interim Coordinator.
6 (3) Subject to any limits and conditions in its notice of
7 appointment, the Interim Coordinator, during its term
8 of appointment and to the exclusion of any other
9 person --
10 (a) has the functions of the Coordinator under this
11 Act; and
12 (b) has any other functions stated in the notice of
13 appointment.
14 (4) Subject to any limits and conditions in its notice of
15 appointment, the Interim Coordinator has all the
16 powers it needs to perform its functions.
17 (5) Unless this Act expressly provides otherwise, or the
18 context otherwise requires, during the term of an
19 Interim Coordinator's appointment, this Act applies to
20 the Interim Coordinator as if a reference in this Act to
21 the Coordinator were a reference to the Interim
22 Coordinator.
23 (6) The application of this Act to the Interim Coordinator
24 under subsection (5) is subject to any modifications
25 that are necessary or are prescribed by the regulations.
26 (7) Regulations may deal with any matter in relation to the
27 Interim Coordinator.
28 47ZU. Remuneration and costs
29 (1) If a person appointed as an administrator under
30 section 47ZQ(1)(b) or as an Interim Coordinator under
31 section 47ZT(1) is not employed in the Public Sector
32 (as defined in the Public Sector Management
page 49
Waste Avoidance and Resource Recovery Amendment (Container Deposit)
Bill 2018
s. 6
1 Act 1994), the person is entitled to be paid the
2 remuneration determined by the CEO.
3 (2) The costs of and incidental to the performance of the
4 functions of an administrator appointed under
5 section 47ZQ(1)(b) are payable by the company to
6 which the administrator is appointed.
7 (3) Unless the CEO directs otherwise, the costs of and
8 incidental to the performance of the functions of an
9 Interim Coordinator are payable by the company (not
10 itself also being an Interim Coordinator) that was the
11 Coordinator most recently before the Interim
12 Coordinator.
13 47ZV. Providing assistance
14 (1) An administrator appointed under section 47ZQ(1)(b)
15 may, for the purpose of performing its functions, by a
16 notice given to an officer or employee or former officer
17 or employee of the Coordinator, require the person
18 to --
19 (a) produce documents in the person's possession
20 that the administrator reasonably requires to
21 perform the functions; or
22 (b) provide other information or assistance the
23 administrator reasonably requires to perform
24 the functions.
25 (2) An Interim Coordinator may, for the purpose of
26 performing its functions, by a notice given to an officer
27 or employee or former officer or employee of a person
28 who was previously the Coordinator, require the officer
29 or employee or former officer or employee to --
30 (a) produce documents in the possession of the
31 officer or employee or former officer or
32 employee that the Interim Coordinator
33 reasonably requires to perform the functions; or
page 50
Waste Avoidance and Resource Recovery Amendment (Container
Deposit) Bill 2018
s. 6
1 (b) provide other information or assistance the
2 Interim Coordinator reasonably requires to
3 perform the functions.
4 (3) A person must comply with a requirement under
5 subsection (1) or (2) unless the person has a reasonable
6 excuse.
7 Penalty for this subsection:
8 (a) a fine of $10 000;
9 (b) a daily penalty of a fine of $1 000 for each
10 day or part of a day during which the offence
11 continues.
12 (4) It is a reasonable excuse for an individual not to
13 comply with the requirement if doing so might tend to
14 incriminate the individual.
15 47ZW. Review by State Administrative Tribunal
16 (1) In this section --
17 affected person means --
18 (a) a company that has been appointed to the office
19 of Coordinator of the scheme; or
20 (b) a person who has been appointed to perform the
21 functions of the Coordinator under
22 section 47ZT(1).
23 (2) An affected person may apply to the State
24 Administrative Tribunal for a review of --
25 (a) the Minister's decision to amend or revoke the
26 conditions that apply to the appointment of the
27 affected person, or to attach new conditions to
28 the appointment (except where the amendment,
29 revocation or attachment was made or done at
30 the request of, or with the agreement of, the
31 affected person); or
page 51
Waste Avoidance and Resource Recovery Amendment (Container Deposit)
Bill 2018
s. 6
1 (b) the Minister's decision to appoint an
2 administrator to the affected person; or
3 (c) the Minister's decision to revoke the
4 appointment of the affected person; or
5 (d) the Minister's decision to give the affected
6 person a direction under section 47ZP.
7 Subdivision 6 -- Transitional arrangements
8 47ZX. Transitional arrangements between Coordinators
9 Regulations may deal with any matter in relation to the
10 transition from a person who is, or has been, the
11 Coordinator or an Interim Coordinator (the previous
12 Coordinator) to a person who subsequently is to, or
13 has, become the Coordinator or an Interim Coordinator
14 (the subsequent Coordinator) and may (without
15 limitation), deal with, or with any matter in relation to
16 the following --
17 (a) the transfer of funds from the Scheme Account
18 established by the previous Coordinator, or the
19 subsequent Coordinator's access to that Scheme
20 Account or funds in that Scheme Account;
21 (b) the novation, from the previous Coordinator to
22 the subsequent Coordinator, of any agreement
23 or class of agreements the previous Coordinator
24 has entered into in relation to the scheme
25 (despite anything in the agreements to the
26 contrary);
27 (c) the amendment, modification, assignment or
28 termination of any agreement or class of
29 agreements the previous Coordinator has
30 entered into in relation to the scheme (despite
31 anything in the agreements to the contrary);
page 52
Waste Avoidance and Resource Recovery Amendment (Container
Deposit) Bill 2018
s. 6
1 (d) the production of documents in the previous
2 Coordinator's possession to the subsequent
3 Coordinator;
4 (e) the provision of information, databases, assets
5 or assistance by the previous Coordinator to the
6 subsequent Coordinator.
7 Division 6 -- Miscellaneous
8 47ZY. Penalties for Coordinator, Interim Coordinator and
9 directors of Coordinator
10 (1) If an offence under this Part expressly applies to the
11 Coordinator, the penalty that is expressed to apply to
12 that offence is, for the purposes of the Sentencing
13 Act 1995 section 40, a statutory penalty expressly
14 provided for a body corporate.
15 (2) If the Coordinator commits an offence under this Act
16 and, by virtue of section 93 and the Environmental
17 Protection Act 1986 section 118, a person who is a
18 director or who is concerned in the management of the
19 Coordinator is convicted of the same offence, the
20 person is liable to a fine that is one-fifth of the
21 maximum fine that could be imposed on a company
22 occupying the office of Coordinator of the scheme
23 convicted of the offence under this Act.
24 (3) If the Interim Coordinator is an individual and is
25 convicted of an offence that expressly applies to the
26 Coordinator, the Interim Coordinator is liable to a fine
27 that is one-fifth of the maximum fine that could be
28 imposed on a company occupying the office of
29 Coordinator of the scheme convicted of the offence
30 under this Act.
page 53
Waste Avoidance and Resource Recovery Amendment (Container Deposit)
Bill 2018
s. 6
1 47ZZ. Civil penalty provisions
2 (1) In this section --
3 civil penalty, for a civil penalty provision, means --
4 (a) in the case of a provision referred to in
5 paragraph (a) of the definition of civil penalty
6 provision, the amount following the expression
7 "Civil penalty:" below that provision; or
8 (b) in the case of a provision referred to in
9 paragraph (b) of the definition of civil penalty
10 provision, the amount prescribed under
11 regulations referred to in subsection (2)(b).
12 civil penalty provision means --
13 (a) a provision of this Act below which the
14 expression "Civil penalty:" followed by an
15 amount, expressed in dollars, appears; or
16 (b) a provision of the regulations prescribed as a
17 civil penalty provision under regulations
18 referred to in subsection (2)(a).
19 (2) Regulations may --
20 (a) provide that a provision of the regulations that
21 imposes an obligation on a person (including an
22 obligation in relation to compliance with
23 prescribed provisions of a scheme agreement)
24 is a civil penalty provision; and
25 (b) prescribe, for a contravention of a provision
26 referred to in paragraph (a), the amount that
27 may, in accordance with the regulations, be
28 demanded from or imposed on a person who
29 contravenes the civil penalty provision, being
30 an amount not exceeding $25 000; and
page 54
Waste Avoidance and Resource Recovery Amendment (Container
Deposit) Bill 2018
s. 6
1 (c) provide for and regulate the taking of
2 proceedings in respect of an alleged
3 contravention of a civil penalty provision (civil
4 penalty proceedings); and
5 (d) provide for the making of an order that a person
6 found in civil penalty proceedings to have
7 contravened the civil penalty provision is to pay
8 an amount not exceeding the civil penalty for
9 the civil penalty provision; and
10 (e) provide for other orders that can be made in
11 civil penalty proceedings; and
12 (f) provide for the enforcement of orders made in
13 civil penalty proceedings generally, and in
14 particular, provide for the demand for payment
15 of the civil penalty and the enforcement of that
16 demand; and
17 (g) provide for the manner in which amounts
18 received by way of civil penalties are to be
19 dealt with and applied.
20 47ZZA. Inconsistent provision has no effect
21 Unless the regulations provide otherwise, a provision
22 of any of the following agreements has no effect to the
23 extent the provision is inconsistent with this Act --
24 (a) a scheme agreement;
25 (b) any other agreement entered into by the
26 Coordinator, a first responsible supplier of a
27 beverage product, an exporter, a refund point
28 operator or an MRF operator, in each case in
29 order to carry out its functions under this Act or
30 to implement the scheme.
page 55
Waste Avoidance and Resource Recovery Amendment (Container Deposit)
Bill 2018
s. 6
1 47ZZB. Beverages consumed on interstate or international
2 journeys
3 Regulations may deal with, or with any matter in
4 relation to, beverage products supplied, used or
5 consumed on interstate or international journeys that
6 begin or end in, or pass through, the State and may
7 (without limitation) provide for payment obligations
8 and the payment of refund amounts.
9 47ZZC. Power to require information or material
10 (1) In this section --
11 authorised person means the CEO or a person
12 authorised, for the purposes of this section, in writing
13 by the CEO;
14 relevant matter means the following --
15 (a) the scheme, including its administration and
16 proper operation;
17 (b) the performance of the Coordinator;
18 (c) compliance with this Act or any contractual
19 arrangements relating to the scheme.
20 (2) An authorised person may require a person --
21 (a) to provide oral or written answers to specified
22 questions in relation to a relevant matter; or
23 (b) to produce to the authorised person specified
24 material or material of a specified class that
25 is --
26 (i) in relation to a relevant matter; and
27 (ii) in the person's possession or control.
28 (3) The authorised person may make the requirement --
29 (a) if an oral response is required -- orally; or
30 (b) in any other case -- by notice given to the
31 person to whom the requirement is addressed.
page 56
Waste Avoidance and Resource Recovery Amendment (Container
Deposit) Bill 2018
s. 6
1 (4) The authorised person must --
2 (a) allow a person a reasonable time within which
3 to comply with the requirement; and
4 (b) if the requirement is made by notice given to
5 the person, specify the time allowed in the
6 notice.
7 (5) The authorised person may require a person to verify
8 information or documents by statutory declaration.
9 (6) A person must comply with a requirement under this
10 section within the time allowed under subsection (4) or
11 within any further time allowed by the authorised
12 person.
13 Penalty for this subsection:
14 (a) a fine of $20 000;
15 (b) a daily penalty of a fine of $2 000 for each
16 day or part of a day during which the offence
17 continues.
18 (7) The CEO must ensure that each authorised person
19 (other than the CEO) is issued with an authority in
20 writing signed by the CEO and bearing a photograph of
21 that authorised person.
22 (8) The authorised person must carry the authority when
23 performing functions under this section and, if it is
24 practicable to do so, produce the authority before
25 making a requirement under this section.
26 47ZZD. Disclosure of information
27 (1) Regulations may allow the Minister or CEO to publish,
28 or require another person to publish, in the manner
29 prescribed by the regulations, any prescribed
30 information or class of information relating to the
31 scheme.
page 57
Waste Avoidance and Resource Recovery Amendment (Container Deposit)
Bill 2018
s. 6
1 (2) Any person who publishes information in accordance
2 with this Act is taken, for the purposes of section 93
3 and the Environmental Protection Act 1986
4 section 120, to have disclosed the information with the
5 prior permission in writing of the Minister.
6 47ZZE. Performance audit
7 (1) The CEO may --
8 (a) carry out an audit of the Coordinator's activities
9 under this Act; or
10 (b) direct the Coordinator to engage and pay for an
11 auditor, approved by the CEO, to conduct an
12 audit of, and report to the CEO about, the
13 Coordinator's activities under this Act.
14 (2) A direction given under subsection (1)(b) must
15 specify --
16 (a) the matters to be audited; and
17 (b) a day on or before which the report must be
18 given to the CEO.
19 (3) The CEO may at any time amend or cancel a direction
20 given under subsection (1)(b).
21 (4) For the purposes of this section the CEO may approve
22 a person as an auditor if the CEO is satisfied the
23 person --
24 (a) has qualifications and experience that are
25 appropriate to the audit; and
26 (b) is independent of the Coordinator and any
27 business conducted by it; and
28 (c) is able to conduct the audit and to prepare a
29 report in accordance with the directions given.
page 58
Waste Avoidance and Resource Recovery Amendment (Container
Deposit) Bill 2018
s. 6
1 (5) The Coordinator must cooperate with the CEO in the
2 CEO's conduct of an audit under subsection (1)(a) and
3 provide any information and documents that the CEO
4 requests.
5 (6) The Coordinator must comply with a direction given
6 by the CEO under subsection (1)(b).
7 Civil penalty: $250 000.
8 (7) Regulations may deal with any matter in relation to
9 audits under this section and may (without limitation)
10 deal with any matter in relation to the recovery of
11 expenses incurred by the CEO.
12 47ZZF. False or misleading information
13 (1) A person must not do anything set out in
14 subsection (2) --
15 (a) in connection with an application for a
16 container approval; or
17 (b) in connection with a claim for payment under a
18 scheme agreement or any other agreement
19 between a person and the Coordinator; or
20 (c) in, or in connection with, a notice or document
21 given under this Part or regulations made for
22 the purposes of this Part; or
23 (d) in compliance, or purported compliance, with a
24 requirement under this Part or regulations made
25 for the purposes of this Part.
26 Penalty for this subsection: a fine of $50 000.
27 (2) The things to which subsection (1) applies are making
28 a statement or giving information that --
29 (a) the person knows is false or misleading in a
30 material particular; or
page 59
Waste Avoidance and Resource Recovery Amendment (Container Deposit)
Bill 2018
s. 6
1 (b) omits anything without which the statement or
2 information is, to the person's knowledge,
3 misleading in a material particular.
4 47ZZG. Authorisations for competition legislation
5 (1) The following are specifically authorised for the
6 purposes of the Competition and Consumer Act 2010
7 (Commonwealth) and the Competition Code of
8 Western Australia --
9 (a) appointing, under Division 5, a company to the
10 office of Coordinator of the scheme;
11 (b) granting, refusing, amending, transferring,
12 suspending or cancelling a container approval;
13 (c) an export rebate agreement;
14 (d) a material recovery agreement;
15 (e) a refund point agreement;
16 (f) a supply agreement;
17 (g) the conduct of a person negotiating, entering
18 into or performing an agreement mentioned in
19 paragraph (c), (d), (e) or (f);
20 (h) the conduct of a person that is authorised or
21 required by or under the conditions of a
22 container approval.
23 (2) Anything authorised to be done by subsection (1) is
24 authorised only to the extent that it would otherwise
25 contravene the Competition and Consumer Act 2010
26 (Commonwealth) Part IV or the Competition Code of
27 Western Australia.
page 60
Waste Avoidance and Resource Recovery Amendment (Container
Deposit) Bill 2018
s. 6
1 47ZZH. Corporations Act displacement
2 (1) In this section --
3 Corporations legislation means the Corporations
4 legislation to which the Corporations Act Part 1.1A
5 applies.
6 (2) A provision of this Part, to the extent the provision is
7 incapable of concurrent operation with a provision of
8 the Corporations Act, is declared to be a Corporations
9 legislation displacement provision for the purposes of
10 section 5G of that Act in relation to the Corporations
11 legislation generally.
12 47ZZI. Powers in relation to transitional matters
13 (1) In this section --
14 specified means specified or described in transitional
15 regulations;
16 transitional matter --
17 (a) means a matter or issue of a transitional nature
18 that arises as a result of the enactment of the
19 Waste Avoidance and Resource Recovery
20 Amendment (Container Deposit) Act 2018 or
21 the coming into operation of provisions of that
22 Act or regulations under this Act; and
23 (b) includes a saving or application matter or issue;
24 transitional regulations means regulations referred to
25 in subsection (2).
26 (2) If there is not sufficient provision in this Part for
27 dealing with a transitional matter, regulations may
28 prescribe anything required, necessary or convenient to
29 be prescribed in relation to that matter.
page 61
Waste Avoidance and Resource Recovery Amendment (Container Deposit)
Bill 2018
s. 6
1 (3) Transitional regulations may provide that specified
2 provisions of this Act --
3 (a) do not apply to or in relation to any matter; or
4 (b) apply with specified modifications to or in
5 relation to any matter.
6 (4) If transitional regulations provide that a specified state
7 of affairs is taken to have existed, or not to have
8 existed, on and from a day that is earlier than the day
9 on which the regulations are published in the Gazette
10 but not earlier than the day on which the Waste
11 Avoidance and Resource Recovery Amendment
12 (Container Deposit) Act 2018 section 6 comes into
13 operation, the regulations have effect according to their
14 terms.
15 (5) If transitional regulations contain a provision referred
16 to in subsection (4), the provision does not operate so
17 as to --
18 (a) affect in a manner prejudicial to any person
19 (other than the State or an authority of the
20 State), the rights of that person existing before
21 the day of publication of those regulations; or
22 (b) impose liabilities on any person (other than the
23 State or an authority of the State) in respect of
24 anything done or omitted to be done before the
25 day of publication of those regulations.
26 (6) Transitional regulations made in relation to a matter
27 referred to in subsection (3) must be made within
28 whatever period is reasonably and practicably
29 necessary to deal with a transitional matter.
30
page 62
Waste Avoidance and Resource Recovery Amendment (Container
Deposit) Bill 2018
s. 7
1 7. Section 69 amended
2 (1) In section 69 delete "A person other than" and insert:
3
4 (1) A person other than
5
6 (2) In section 69 in the Penalty delete "Penalty:" and insert:
7
8 Penalty for this subsection:
9
10 (3) At the end of section 69 insert:
11
12 (2) Subsection (1) does not apply to a person who collects
13 local government waste in the course of acting as a
14 refund point operator (as defined in section 47C).
15
16 8. Section 94 amended
17 (1) In section 94(1) delete "An action" and insert:
18
19 Subject to subsection (3A), an action
20
21 (2) After section 94(3) insert:
22
23 (3A) Subsection (1) does not apply to anything that a person
24 has done in the performance or purported performance
25 of the functions of the Coordinator of the container
26 deposit scheme established by Part 5A.
27
[Index] [Search] [Download] [Related Items] [Help]