Container Refund Scheme Act 2022 (Tas)

Container Refund Scheme Act 2022

An Act to establish a container refund scheme to reduce litter in Tasmania and increase the recovery and recycling of containers [Royal Assent 29 March 2022]

Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Container Refund Scheme Act 2022 .

2. Commencement This Act commences on a day or days to be proclaimed.

3. Interpretation In this Act, unless the contrary intention appears – approved container means a container approved in accordance with section 12(1) ; approved container list means the list of approved containers that is kept and maintained in accordance with section 12(3) ; approved form means a form approved by the Secretary; associate, of a relevant scheme participant, includes – (a) a person who – (i) holds, or will hold, an interest in the business of another relevant scheme participant; and (ii) by virtue of that interest, is able to or will be able to exercise significant influence over the other relevant scheme participant; and (b) a person who – (i) holds, or will hold, an interest in a business in which another scheme participant also holds an interest; and (ii) by virtue of that interest, is able to, or will be able to, exercise significant influence over, or in respect of, that business; and (c) a person who holds, or will hold, a relevant position in a business, of the scheme participant, that is being operated under this Act; and (d) a spouse, partner within the meaning of the Relationships Act 2003 , parent, child or sibling of – (i) the scheme participant; or (ii) a person who holds a relevant position in the business of the scheme participant; authorised officer includes – (a) the Secretary; and (b) a police officer; and (c) a person appointed under section 35 ; beverage means a liquid, other than medication, that is intended for human consumption by drinking; beverage container means a container, other than an exempt container, that – (a) is designed or manufactured to contain a liquid; and (b) contains a beverage; and (c) has been sealed while it contains the beverage to enable the beverage to be handled and transported in the container; container refund machine means a machine, or other device, that is – (a) designed or manufactured to pay the refund amount when an approved container is inserted in, or otherwise deposited at, the machine or device; or (b) is prescribed as a container refund machine for the purposes of this Act; container refund point – see section 4 ; eligible container means – (a) a beverage container; or (b) a container, or other item, that is prescribed as an eligible container; equivalent Act means an Act, or the provisions of an Act, in force in another State or a Territory, that substantially correspond to the provisions of this Act; exempt container means a container that – (a) is prescribed as a container to which this Act does not apply; or (b) is a container from a class of containers that is prescribed as a class of containers to which this Act does not apply; first responsible supplier – see section 5 ; material recovery facility – see section 6 ; material recovery facility operator means the person responsible for the operation of a material recovery facility; network operator means a person appointed by the Minister as a network operator under section 15(1) or section 17 ; network operator agreement means an agreement to be a network operator that complies with the requirements of this Act in respect of such an agreement; pay, in relation to a refund amount, includes payments of the refund amount by way of – (a) money; and (b) vouchers that are redeemable at a later point in time; and (c) donations to another person, or organisation, for charitable purposes; and (d) other prescribed means of payment; prescribed marks, in relation to an approved container, means the prescribed information, marks or labels required to be displayed on the exterior of the approved container; refund amount – see section 7 ; refund declaration means a declaration, in an approved form, relating to the depositing of a container at a container refund point; refund point agreement means an agreement to operate a container refund point, that complies with the requirements of this Act in respect of such an agreement, between – (a) a network operator; and (b) the person, employed or engaged to operate the container refund point for the network operator; refund point operator, in relation to a container refund point, means – (a) the person employed, or engaged, to operate the container refund point under a refund point agreement; or (b) if no such person is so employed or engaged, the network operator for the container refund point; relevant appointment, in relation to a person, means the appointment of the person as a scheme coordinator or a network operator; relevant commercial interest, in relation to an organisation or business, means any share of the capital of, or any entitlement to receive income from, the organisation or business, other than – (a) as specified under this Act or in an agreement under this Act; or (b) as provided on the same terms as would be provided to a member of the public; relevant position, in relation to an organisation or business, means an executive position, or a position of influence or authority, within the organisation or business; scheme means the container refund scheme established under section 10 ; scheme coordinator means a person appointed by the Minister as scheme coordinator under section 14(1) or section 17 ; scheme coordinator agreement means an agreement to be a scheme coordinator that complies with the requirements of this Act in respect of such an agreement; scheme participant includes each of the following persons: (a) a first responsible supplier; (b) a scheme coordinator; (c) a network operator; (d) a refund point operator; (e) a material recovery facility operator; Secretary means the Secretary of the Department; supply – see section 8 ; supply agreement, in relation to an approved container, means an agreement relating to the supply of the container within the State, that – (a) contains the prescribed terms and conditions; and (b) complies with the requirements of this Act in respect of such an agreement.