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This is a Bill, not an Act. For current law, see the Acts databases.


WASTE AVOIDANCE AND RESOURCE RECOVERY AMENDMENT (CONTAINER DEPOSIT) BILL 2018

                    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




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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




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          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




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                           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:




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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




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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;


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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

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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

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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;


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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




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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

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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


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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.




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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


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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;



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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



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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




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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

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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




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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.




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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



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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.




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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.


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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.




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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.



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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.



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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



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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;




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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;


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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.


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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

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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




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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



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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;


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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;


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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.




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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

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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.




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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).




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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.

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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



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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.


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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.




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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


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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.




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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.




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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).




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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

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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.




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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


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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.


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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

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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


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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


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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);




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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.




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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




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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.




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     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.

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                                                                     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.


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     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.




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                                                                      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




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     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.




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                                                                         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.




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     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




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                                                                                  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




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