{"id":"sr:circular-economy-waste-reduction-and-recycling-container-deposit-scheme","name":"Circular Economy (Waste Reduction and Recycling) (Container Deposit Scheme) Regulations 2022","slug":"circular-economy-waste-reduction-and-recycling-container-deposit-scheme-regulations-2022","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":185803,"registerId":"vic-sr:circular-economy-waste-reduction-and-recycling-container-deposit-scheme-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Circular Economy (Waste Reduction and Recycling) (Container Deposit Scheme) Regulations 2022","content":"Version No. 007\n\n**Circular Economy (Waste Reduction and Recycling) (Container Deposit Scheme) Regulations 2022**\n\n**S.R. No. 94/2022**\n\nVersion incorporating amendments as at  \n1 August 2024\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\nPart 1—Preliminary 1\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Definitions 1\n\nPart 2—Exempt beverages, eligible containers and refund amounts 10\n\n5 Exempt beverages 10\n\n6 Eligible containers 10\n\n7 Refund amount 11\n\n7A Refund marking 11\n\nPart 3—Scheme Coordinator 12\n\n8 Condition of appointment of Scheme Coordinator 12\n\n8A Content of annual assessment report 12\n\nPart 4—Network operators 16\n\n9 Prescribed content of network operator agreement 16\n\n10 Condition of appointment of network operators 17\n\n10A General prescribed operation and performance requirements 17\n\n10B Prescribed operation and performance requirements—community operating standard 17\n\n10C Prescribed operation and performance requirements—community access standard 18\n\nPart 5—First suppliers 20\n\n11 Conditions of approval of an eligible container as a suitable eligible container 20\n\n12 Methodology requirements for determining first supplier payments under supply arrangement 21\n\n15 Notification of intent to supply an eligible container by the first supplier 22\n\nPart 6—Disposal of suitable eligible containers 23\n\n16 Landfill disposal exemptions 23\n\nPart 7—Enforcement and offences 24\n\n17 Circumstances to refuse delivery of or refund for container 24\n\n18 Manner of payment 25\n\n19 Refund declarations and proof of identity 25\n\nPart 8—Miscellaneous 26\n\n20 Prescribed material recovery facilities 26\n\n═════════════\n\nEndnotes 27\n\n1 General information 27\n\n2 Table of Amendments 29\n\n3 Explanatory details 30\n\n**Version No.** **007**\n\n**Circular Economy (Waste Reduction and Recycling) (Container Deposit Scheme) Regulations 2022**\n\n**S.R. No. 94/2022**\n\nVersion incorporating amendments as at  \n1 August 2024\n\nPart 1—Preliminary\n\nReg. 1 substituted by S.R. No. 107/2023 reg. 5.\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe matters in relation to the container deposit scheme under Part 6 of the **Circular Economy (Waste Reduction and Recycling) Act 2021**.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 183 of the **Circular Economy (Waste Reduction and Recycling) Act 2021**.\n\n\t3 Commencement\n\n(1) These Regulations, except Parts 2 and 5, come into operation on 27 September 2022.\n\n(2) Parts 2 and 5 come into operation on 1 March 2023.\n\n\t4 Definitions\n\nIn these Regulations—\n\n***aseptic pack or cask*** means  a container that is made wholly or in part of—\n\n(a) cardboard and plastic; or\n\n(b) cardboard and foil; or\n\n(c) cardboard, plastic and foil;\n\nReg. 4 def. of *community access standard* inserted by S.R. No. 55/2024 reg. 5.\n\n***community access standard*** means the community access standard specified in regulation 10C(2);\n\nReg. 4 def. of *community operating standard* inserted by S.R. No. 55/2024 reg. 5.\n\n***community operating standard*** means the community operating standard specified in regulation 10B(2);\n\n***cordial*** means a concentrated syrup that—\n\n(a) contains the following ingredients (whether or not it also contains other ingredients)—\n\n(i) water;\n\n(ii) any natural or artificial sweetener;\n\n(iii) colouring (whether natural or artificial) or flavouring, or both; and\n\n(b) is intended to be diluted before consumption;\n\nReg. 4 def. of *donation partner* amended by S.R. No. 78/2023 reg. 4(1).\n\n***donation partner*** means any of the following that has, pursuant to any process set out in the Scheme Coordinator Agreement, a Network Operator Agreement or any scheme arrangement,  elected to receive refunds on the nomination of a person redeeming a suitable eligible container—\n\n(a) a registered entity within the meaning of the Australian Charities and Not‑for‑profits Commission Act 2012 of the Commonwealth that carries out any activities in Victoria;\n\n(b) a school within the meaning of the **Education and Training Reform Act 2006**;\n\n(c) a sporting, community, educational or environmental body that—\n\n(i) carries out any activities in Victoria; and\n\n(ii) is established primarily for a charitable, community or educational purpose; and\n\n(iii) does not carry out activities for profit or gain;\n\n***flavoured milk***  means milk to which flavouring has been added;\n\n***flavouring*** means any natural or artificial flavouring but does not include natural or artificial sweetener;\n\nReg. 4 def. of *General Community Profile for Statistical Area 1* inserted by S.R. No. 55/2024 reg. 5.\n\n***General Community Profile for Statistical Area 1*** means the Victoria 2021 Census of Population and Housing: General Community Profile for Victoria; Statistical Area 1 (SA1) Census DataPack for Victoria, as published by the Australian Bureau of Statistics on 28 June 2022;\n\nReg. 4 def. of *General Community Profile for Urban Centres and Localities* inserted by S.R. No. 55/2024 reg. 5.\n\n***General Community Profile for Urban Centres and Localities*** means the Victoria 2021 Census of Population and Housing: General Community Profile for Victoria; Urban Centres and Localities (UCL) Census DataPack for Victoria, as published by the Australian Bureau of Statistics on 12 October 2022;\n\n***glass bottle***  means a bottle that is wholly or partly made of glass;\n\n***glass container*** means a container that is wholly or partly made of glass;\n\nReg. 4 def. of *GS1 Standard* inserted by S.R. No. 107/2023 reg. 6(a).\n\n***GS1 Standard*** means the GS1 General Specifications, as published by GS1 AISBL from time to time;\n\nReg. 4 def. of *GTIN barcode* inserted by S.R. No. 107/2023 reg. 6(a).\n\n***GTIN barcode*** means a product barcode that contains Global Trade Item Number (GTIN) encoding and complies with the GS1 Standard;\n\nReg. 4 def. of *Local Government Area Structure* inserted by S.R. No. 55/2024 reg. 5.\n\n***Local Government Area Structure*** means the Australian Statistical Geography Standard (ASGS) Edition 3—Non ABS Structures, \"Local Government Areas—2023\" (Allocation file), as published by the Australian Bureau of Statistics on 25 July 2023;\n\nReg. 4 def. of *Main Structure and Greater Capital City Statistical Areas* inserted by S.R. No. 55/2024 reg. 5.\n\n***Main Structure and Greater Capital City Statistical Areas*** means the Australian Statistical Geography Standard (ASGS) Edition 3—Main Structure and Greater Capital City Statistical Areas, \"Mesh Blocks 2021\" (Allocation file), as published by the Australian Bureau of Statistics on 20 July 2021;\n\nReg. 4 def. of *major urban area* inserted by S.R. No. 55/2024 reg. 5.\n\n***major urban area*** means any part of Victoria classified as \"Major Cities of Australia\" under the Remoteness Structure;\n\n***milk*** means milk from a cow or other animal, liquid milk product, soy or another plant‑based milk alternative, low fat milk and ultra-heat-treated (UHT) milk but does not include—\n\n(a) milk produced from milk concentrate or milk powder; or\n\n(b) a product made by fermenting milk or adding a culture to milk, including drinking yoghurt;\n\nReg. 4 def. of *mobile collection point* inserted by S.R. No. 107/2023 reg. 6(a).\n\n***mobile collection point*** means a refund collection point that does not have a fixed location;\n\n***network operation zone***, in relation to a network operator,  means a geographic area in relation to which the network operator is appointed and in which the network operator must give effect to collection point arrangements and collection refund arrangements under a network operator agreement;\n\nReg. 4 def. of *network operation zone (major urban area) population* inserted by S.R. No. 55/2024 reg. 5.\n\n***network operation zone (major urban area) population***, in relation to a network operation zone, means the population of any major urban area within that network operation zone, as determined by reference to—\n\n(a) the Local Government Area Structure; and\n\n(b) the Main Structure and Greater Capital City Statistical Areas; and\n\n(c) the General Community Profile for Statistical Area 1;\n\n**Note**\n\nThe network operation zone (major urban area) population will be equal to the total area population of the major urban area if one network operator is appointed in relation to the major urban area. The network operation zone (major urban area) population will be less than the total area population of the major urban area if more than one network operator is appointed in relation to the major urban area.\n\nReg. 4 def. of *ordinary hour* inserted by S.R. No. 55/2024 reg. 5.\n\n***ordinary hour*** means an hour between 7 a.m. and 8 p.m. on a weekday;\n\nReg. 4 def. of *public holiday* inserted by S.R. No. 55/2024 reg. 5.\n\n***public holiday*** means a day appointed as a public holiday under section 6 of the **Public Holidays Act 1993**;\n\nReg. 4 def. of *pure spirituous liquor* revoked by S.R. No. 107/2023 reg. 6(b).\n\n* * * * *\n\nReg. 4 def. of *refillable beverage container* inserted by S.R. No. 107/2023 reg. 6(a).\n\n***refillable beverage container*** means a container that is designed to be—\n\n(a) filled with a beverage and sealed, before the sale of the beverage; and\n\n(b) provided to a person for re-filling and re-sealing, after the beverage has been consumed;\n\nReg. 4 def. of *regional area* inserted by S.R. No. 55/2024 reg. 5.\n\n***regional area*** means any part of Victoria classified as \"Inner Regional Australia\" or \"Outer Regional Australia\" under the Remoteness Structure;\n\nReg. 4 def. of *regional town* inserted by S.R. No. 55/2024 reg. 5.\n\n***regional town*** means any part of a regional area that—\n\n(a) is classified under the Urban Area Structure as an Urban Centre and Locality (Major Urban, Other Urban or Bounded Locality); and\n\n(b) has a population of not less than 750;\n\n***registered health tonic*** means a liquid included in the Australian Register of Therapeutic Goods maintained under section 9A of the Therapeutic Goods Act 1989 of the Commonwealth that is supplied with a label or other accompanying document that—\n\n(a) states that the liquid is for medicinal purposes; and\n\n(b) specifies a recommended maximum dosage for the liquid;\n\nReg. 4 def. of *remote area* inserted by S.R. No. 55/2024 reg. 5.\n\n***remote area*** means any part of Victoria classified as \"Remote Australia\" or \"Very Remote Australia\" under the Remoteness Structure;\n\nReg. 4 def. of *remote town* inserted by S.R. No. 55/2024 reg. 5.\n\n***remote town*** means any part of a remote area that—\n\n(a) is classified under the Urban Area Structure as an Urban Centre and Locality (Major Urban, Other Urban or Bounded Locality); and\n\n(b) has a population of not less than 300;\n\nReg. 4 def. of *Remoteness Structure* inserted by S.R. No. 55/2024 reg. 5.\n\n***Remoteness Structure*** means the Australian Statistical Geography Standard (ASGS) Edition 3—Remoteness Structure, \"Remoteness Areas—2021\" (Allocation file), as published by the Australian Bureau of Statistics on 21 March 2023;\n\n***sachet*** means a container, commonly known as a sachet, made wholly or in part of plastic or foil or both;\n\nReg. 4 def. of *small first supplier* inserted by S.R. No. 78/2023 reg. 4(2).\n\n***small first supplier*** means a first supplier that—\n\n(a) has supplied fewer than 300 000 eligible containers in Victoria in the preceding financial year; or\n\n(b) is likely to supply fewer than 300 000 eligible containers in Victoria in the current financial year;\n\nReg. 4 def. of *spirituous liquor* inserted by S.R. No. 107/2023 reg. 6(a).\n\n***spirituous liquor*** means—\n\n(a) an alcoholic beverage, including a liqueur, that is produced by distillation; or\n\n(b) a mixture of 2 or more alcoholic beverages that are produced by distillation;\n\n***the Act*** means the **Circular Economy (Waste Reduction and Recycling) Act 2021**;\n\nReg. 4 def. of *total area population* inserted by S.R. No. 55/2024 reg. 5.\n\n***total area population***, in relation to a major urban area, regional town or remote town, means the total population for that major urban area, regional town or remote town (as appropriate) as specified in the General Community Profile for Urban Centres and Localities;\n\nReg. 4 def. of *Urban Area Structure* inserted by S.R. No. 55/2024 reg. 5.\n\n***Urban Area Structure*** means the Australian Statistical Geography Standard (ASGS) Edition 3—Significant Urban Areas, Urban Centres and Localities, Section of State and Section of State Range, \"Urban Centres and Localities, Section of State and Section of State Range—2021\" (Allocation file), as published by the Australian Bureau of Statistics on 5 October 2022;\n\n***water*** means plain, still or carbonated spring water or mineral water, whether or not flavouring has been added;\n\nReg. 4 def. of *weekday* inserted by S.R. No. 55/2024 reg. 5.\n\n***weekday*** means a day other than a Saturday or Sunday;\n\nReg. 4 def. of *weekend day* inserted by S.R. No. 55/2024 reg. 5.\n\n***weekend day*** means a Saturday or Sunday;\n\nReg. 4 def. of *weekend hour* inserted by S.R. No. 55/2024 reg. 5.\n\n***weekend hour*** means an hour between 7 a.m. and 8 p.m. on a weekend day;\n\n***wine*** means a beverage that is produced using the fermentation of grapes and is not mixed with any beverage other than a grape product and includes non-alcoholic wine;\n\n***wine-based beverage*** means a beverage that—\n\n(a) contains a mixture of wine and another beverage that is not a grape product; and\n\n(b) has an alcohol volume content of less than 10 per cent.\n\nPart 2—Exempt beverages, eligible containers and refund amounts\n\n\t5 Exempt beverages\n\nFor the purposes of the definition of ***beverage*** in section 3(1) of the Act, the following are prescribed to be exempt beverages—\n\n(a) milk other than flavoured milk;\n\n(b) cordial;\n\n(c) concentrated fruit or vegetable juice (or a mixture of both concentrated fruit and vegetable juices) intended to be diluted before consumption;\n\n(d) registered health tonics.\n\n\t6 Eligible containers\n\n(1) For the purposes of the definition of ***eligible container*** in section 3(1) of the Act, the following are prescribed not to be eligible containers—\n\n(a) a container designed to hold more than 3 litres of a beverage;\n\n(b) a container designed to hold less than 150 millilitres of a beverage;\n\nReg. 6(1)(c)  amended by S.R. No. 107/2023 reg. 7(1)(a).\n\n(c) a glass bottle or glass container designed to hold only a spirituous liquor or wine;\n\n(d) a container designed to hold one litre or more of—\n\n(i) flavoured milk; or\n\n(ii) a beverage comprising of at least 90 per cent pure fruit juice or pure vegetable juice (or a mixture of both);\n\n(e) an aseptic pack or a cask that is designed to hold one litre or more of water, wine or a wine-based beverage;\n\n(f) a sachet that is designed to hold 250 millilitres or more of wine;\n\nReg. 6(1)(g)  substituted by S.R. No. 107/2023 reg. 7(1)(b).\n\n(g) an aluminium container designed with a detachable lid that has a ring-pull opening mechanism;\n\nReg. 6(1)(h)  inserted by S.R. No. 107/2023 reg. 7(1)(b).\n\n(h) a refillable beverage container.\n\nReg. 6(2)(3)  revoked by S.R. No. 107/2023 reg. 7(2).\n\n* * * * *\n\n\t7 Refund amount\n\nFor the purposes of the definition of ***refund amount*** in section 3(1) of the Act, the prescribed refund amount in relation to a suitable eligible container is 10 cents.\n\nReg. 7A  inserted by S.R. No. 78/2023 reg. 5.\n\n\t7A Refund marking\n\nFor the purposes of the definition of ***refund*** ***marking*** in section 3(1) of the Act, the prescribed marking or label is a marking or label that contains the following words and expressions in clear and legible characters—\n\n\"10 cents refund at collection depots/points in participating State/Territory of purchase.\".\n\nPart 3—Scheme Coordinator\n\n\t8 Condition of appointment of Scheme Coordinator\n\n(1) For the purposes of section 82(2)(c) of the Act, it is a prescribed condition that the Scheme Coordinator must notify the Minister of any adverse matter set out in subregulation (2) as soon as practicable after the Scheme Coordinator becomes aware, or reasonably should have been aware, of the matter.\n\n(2) For the purposes of subregulation (1), a matter is an adverse matter if it may significantly impact—\n\n(a) the Scheme Coordinator's ability to enforce or give effect to any arrangement under a Scheme Coordinator agreement; or\n\n(b) the Scheme Coordinator's ability to enforce or give effect to a performance target under a Scheme Coordinator agreement; or\n\n(c) the Scheme Coordinator's ability to pay or receive any amount in an arrangement entered into under a Scheme Coordinator agreement; or\n\n(d) the Scheme Coordinator's financial position or viability in a manner that may have a significant impact on the financial viability of the container deposit scheme; or\n\n(e) public confidence in the container deposit scheme.\n\nReg. 8A  inserted by S.R. No. 107/2023 reg. 8.\n\n\t8A Content of annual assessment report\n\nFor the purposes of section 87(2)(c) of the Act, the prescribed matters are the following as they relate to the financial year of the assessment report—\n\n(a) the total revenue of the container deposit scheme, including—\n\n(i) all scheme contributions paid to the Scheme Coordinator under any supply arrangement; and\n\n(ii) any interest earned on those contributions; and\n\n(iii) any other source of revenue of the Scheme Coordinator;\n\n(b) the total expenses of the container deposit scheme, including—\n\n(i) the total amount paid by the Scheme Coordinator to network operators; and\n\n(ii) the total amount of network fees paid by the Scheme Coordinator to network operators; and\n\n(iii) the total amount of refund amounts paid by the Scheme Coordinator to network operators; and\n\n(iv) the total amount paid by the Scheme Coordinator to material recovery facility operators; and\n\n(v) the total amount paid by the Scheme Coordinator to each network operator by reference to its network operation zone;\n\n(c) the number of material recovery facility operators that have been paid under a recovery arrangement;\n\n(d) the number of supply arrangements in force;\n\n(e) the number and weight of suitable eligible containers collected, by reference to material type;\n\n(f) a description of any arrangements made by the Scheme Coordinator in relation to—\n\n(i) the protection of commercially‑sensitive or personal information provided to the Scheme Coordinator; or\n\n(ii) governance and risk management; or\n\n(iii) the prevention, detection and management of fraud;\n\n(g) a description of any known incidents of fraud;\n\n(h) for any performance target specified in the Scheme Coordinator agreement—\n\n(i) a description of the Scheme Coordinator's performance; and\n\n(ii) any strategies that the Scheme Coordinator intends to implement to meet that target in the future;\n\n(i) the total number of fixed collection points and their locations;\n\n(j) the total number and operating time of any mobile collection points;\n\n(k) the total number of donation partners that have received refund amounts and the total of those refund amounts;\n\n(l) material sales information provided by network operators to the Scheme Coordinator, including—\n\n(i) the weight (in tonnes) of suitable eligible containers sold (in total and by material type); and\n\n(ii) the weight (in tonnes) of suitable eligible containers sold outside Victoria (in total, by material type and by jurisdiction); and\n\n(iii) the recycling process applied to the material after sale, including the end product of that recycling process.\n\nPart 4—Network operators\n\n\t9 Prescribed content of network operator agreement\n\nFor the purposes of section 90(3)(b) of the Act, it is a prescribed requirement that the network operator must collect and retain, and disclose to the Minister, the following data and information—\n\n(a) the number of containers for which refund amounts have been claimed from the network operator;\n\n(b) the number of refund amount claims made at a refund collection point that is subject to a collection point arrangement entered into by the network operator;\n\n(c) the number of declarations requested by and provided under section 108 of the Act to a collection point operator that has entered into a collection point arrangement with the network operator;\n\n(d) in relation to a claim for a refund amount that is subject to section 108(3) of the Act made to a collection point operator that has entered into a collection point arrangement with the network operator—\n\n(i) the declaration required under that section; and\n\n(ii) the date on which the claim for a refund amount that is the subject of the declaration was made; and\n\n(iii) the number of containers for which the collection point operator paid a refund amount in response to the claim, if any.\n\n\t10 Condition of appointment of network operators\n\nSubject to any direction given under section 92(1) or 93(1) of the Act, for the purposes of section 91(2)(c) of the Act, it is a prescribed condition that the network operator must give effect to the collection point arrangements and collection refund arrangements under a network operator agreement only in the network operation zones that are specified in the instrument of appointment.\n\nReg. 10A inserted by S.R. No. 55/2024 reg. 6.\n\n\t10A General prescribed operation and performance requirements\n\nFor the purposes of section 88 of the Act, a duty, obligation, requirement or responsibility of a network operator that is contained in any of the following is a prescribed operation and performance requirement—\n\n(a) the Act or regulations made under the Act;\n\n(b) a network operator agreement entered into by the network operator.\n\nReg. 10B inserted by S.R. No. 55/2024 reg. 6.\n\n\t10B Prescribed operation and performance requirements—community operating standard\n\n(1) For the purposes of section 88 of the Act, it is a prescribed operation and performance requirement for a network operator to ensure that, in each of its network operation zones, it meets the community operating standard specified in subregulation (2).\n\n(2) A network operator meets the community operating standard in a network operation zone if each refund collection point in that zone (other than a mobile collection point) that is open to the general public and located in an area specified in column 1 of the Table to this subregulation is, during each corresponding period specified in column 3, open for not less than the corresponding hours specified in column 2.\n\n **Table**\n\n| *Column 1* | *Column 2* | *Column 3* |\n| --- | --- | --- |\n| Major urban area | 27 ordinary hours and 8 weekend hours | One week |\n| Regional area | 16 ordinary hours and 8 weekend hours | One week |\n| Remote area | 8 ordinary hours and 8 weekend hours | Two weeks |\n\n\n(3) For the purposes of subregulation (2)—\n\n(a) if a public holiday falls on a weekend day during a period specified in column 3, the corresponding number of weekend hours specified in column 2 for that period is to be reduced by the same proportion as the proportion of the weekend days of that period that are a public holiday; and\n\n(b) if a public holiday falls on a weekday during a period specified in column 3, the corresponding number of ordinary hours specified in column 2 for that period is to be reduced by the same proportion of the weekdays of that period that are a public holiday.\n\n(4) If the number of hours calculated in accordance with subregulation (3) is not a whole number, that number must be rounded down to the nearest whole number.\n\nReg. 10C inserted by S.R. No. 55/2024 reg. 7.\n\n\t10C Prescribed operation and performance requirements—community access standard\n\n(1) For the purposes of section 88 of the Act, it is a prescribed operation and performance requirement for a network operator to ensure that, in each of its network operation zones, it meets the community access standard specified in subregulation (2).\n\n(2) A network operator meets the community access standard in a network operation zone if the network operator ensures that—\n\n(a) the number of refund collection points (other than mobile collection points) operating in each major urban area in that network operation zone is not less than the number calculated using the following formula—\n\nwhere—\n\n**x** is the network operation zone (major urban area) population; and\n\n(b) the number of refund collection points (other than mobile collection points) operating in each regional town or remote town in that network operation zone is not less than the number calculated using the formula—\n\nwhere—\n\n**x** is the total area population of the regional town or remote town; and\n\n(c) any refund collection point (other than a mobile collection point) operating in a regional area or remote area in that network operation zone is located within 5 km of a regional town or remote town.\n\n(3) If a number calculated in accordance with subregulation (2)(a) and (b) is not a whole number, that number must be rounded down to the nearest whole number.\n\nPart 5—First suppliers\n\nReg. 11  substituted by S.R. No. 107/2023 reg. 9.\n\n\t11 Conditions of approval of an eligible container as a suitable eligible container\n\nFor the purposes of section 99(3)(a) of the Act, the prescribed conditions are the following—\n\n(a) the container must display on its outside or on a label that covers the container (in addition to anything else that may be used to scan the container)—\n\n(i) a GTIN barcode; or\n\n(ii) a product barcode that—\n\n(A) complies with the GS1 Standard; and\n\n(B) does not duplicate any GTIN barcode or other product barcode; and\n\n(C) is between 8 and 14 digits long;\n\n(b) the barcode displayed in accordance with paragraph (a) must be easily readable by a scanner;\n\n(c) if the container is manufactured for sale in a multipack and not for individual sale, the external packaging of the multipack must display a barcode unique to the multipack;\n\n(d) the approval applies only to containers that—\n\n(i) are of identical volume; and\n\n(ii) are made of identical material; and\n\n(iii) are designed to contain the same beverage; and\n\n(iv) display the same barcode.\n\n\t12 Methodology requirements for determining first supplier payments under supply arrangement\n\nFor the purposes of section 81(2)(a)(ii) of the Act, the prescribed requirements for a methodology specified in a supply arrangement under the Scheme Coordinator agreement are that the methodology must determine the amounts payable by a first supplier—\n\nReg. 12(a)  substituted by S.R. No. 78/2023 reg. 6.\n\n(a) at a level that will maintain sufficient scheme liquidity over time to allow the Scheme Coordinator to pay scheme costs as and when they fall due; and\n\nReg. 12(b)  substituted by S.R. No. 78/2023 reg. 6.\n\n(b) by reference to the first supplier's supply of suitable eligible containers in Victoria; and\n\nReg. 12(c)  inserted by S.R. No. 78/2023 reg. 6.\n\n(c) in a manner that allows a small first supplier to elect to make payments under the supply arrangement on a quarterly or monthly basis.\n\nReg. 13  revoked by S.R. No. 91/2023 reg. 3.\n\n* * * * *\n\nReg. 14 amended by S.R. No. 78/2023 reg. 7,  revoked by S.R. No. 107/2023 reg. 10.\n\n* * * * *\n\nReg. 15 inserted by S.R. No. 78/2023 reg. 8.\n\n\t15 Notification of intent to supply an eligible container by the first supplier\n\nFor the purposes of section 98(1) of the Act, a person is required to notify the Head, Recycling Victoria if the person—\n\n(a) manufactures a beverage in an eligible container in Victoria for sale or supply in Victoria; or\n\n(b) causes to be transported into Victoria a beverage in an eligible container for sale or supply in Victoria.\n\nPt 6 (Heading and reg. 16) inserted by S.R. No. 107/2023 reg. 11.\n\nPart 6—Disposal of suitable eligible containers\n\nReg. 16 inserted by S.R. No. 107/2023 reg. 11.\n\n\t16 Landfill disposal exemptions\n\nFor the purposes of section 101(2)(b) of the Act, the prescribed information is the following—\n\n(a) a statement that not disposing of the suitable eligible container at a landfill site is likely to pose a risk of harm to human health or the environment;\n\n(b) the steps that the applicant has already taken to dispose of the suitable eligible container;\n\n(c) evidence that methods of disposal other than disposal at a landfill site have been considered, including whether those methods of disposal are reasonably practicable in the circumstances;\n\n(d) evidence that the circular economy hierarchy, as set out in section 8 of the Act, has been considered in relation to disposal of the suitable eligible container;\n\n(e) a declaration in writing, signed by the applicant, confirming that the information contained in the application is, to the best of the applicant's knowledge, true and correct.\n\nPt 7 (Heading and regs 17–19) inserted by S.R. No. 107/2023 reg. 11.\n\nPart 7—Enforcement and offences\n\nReg. 17 inserted by S.R. No. 107/2023 reg. 11.\n\n\t17 Circumstances to refuse delivery of or refund for container\n\nFor the purposes of section 106(2)(d) of the Act, the prescribed circumstances are the following—\n\n(a) that the collection point operator reasonably believes that—\n\n(i) the container is damaged or contaminated with any substance such that it is unsuitable for reuse or recycling; or\n\n(ii) the container poses a serious risk to health or safety or to the proper operation of the refund collection point; or\n\n(iii) the container is not a suitable eligible container; or\n\n(iv) the container's barcode is in such a condition that it cannot be scanned; or\n\n(v) the container's refund marking is in such a condition that it cannot be read;\n\n(b) that the collection point operator—\n\n(i) pays the refund amount to a donation partner nominated by the person; or\n\n(ii) gives the person a voucher that is equivalent to the refund amount and exchangeable or redeemable for goods, services or cash on the terms and conditions specified by the collection point operator in the voucher.\n\nReg. 18 inserted by S.R. No. 107/2023 reg. 11.\n\n\t18 Manner of payment\n\nFor the purposes of section 106(5)(a) of the Act, electronic funds transfer is a prescribed manner.\n\nReg. 19 inserted by S.R. No. 107/2023 reg. 11.\n\n\t19 Refund declarations and proof of identity\n\n(1) For the purposes of section 108(1) and (3) of the Act, the prescribed information is a declaration in writing, signed by the person, confirming that—\n\n(a) all suitable eligible containers presented by the person were acquired in Victoria on or after 1 November 2023; and\n\n(b) no refund amount has previously been paid to the person for the containers at any refund collection point; and\n\n(c) the information provided is, to the best of the person's knowledge, true and correct.\n\n(2) For the purposes of section 108(3)(a) and (b) of the Act, the prescribed number is 1500.\n\n(3) For the purposes of section 108(3)(b) of the Act, the prescribed period is 24 hours.\n\nPt 8 (Heading and reg. 20) inserted by S.R. No. 55/2024 reg. 8.\n\nPart 8—Miscellaneous\n\nReg. 20 inserted by S.R. No. 55/2024 reg. 8.\n\n\t20 Prescribed material recovery facilities\n\nFor the purposes of the definition of ***material recovery facility*** in section 3(1) of the Act, a facility is a prescribed material recovery facility if it provides a service to crush and collect glass for recycling purposes.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Circular Economy (Waste Reduction and Recycling) (Container Deposit Scheme) Regulations 2022, S.R. No. 94/2022 were made on 27 September 2022 by the Governor in Council under section 183 of the **Circular Economy (Waste Reduction and Recycling) Act 2021**, No. 55/2021 and comes into operation as follows:\n\nRegulations 1–4, 8–10 on 27 September 2022: regulation 3(1); regulations 5–7, 11–14 on 1 March 2023: regulation 3(2).\n\nThe Circular Economy (Waste Reduction and Recycling) (Container Deposit Scheme) Regulations 2022 will sunset 10 years after the day of making on 27 September 2032 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the Circular Economy (Waste Reduction and Recycling) (Container Deposit Scheme) Regulations 2022 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nCircular Economy (Waste Reduction and Recycling) (Container Deposit Scheme) Amendment Regulations 2023, S.R. No. 78/2023\n\n| *Date of Making:* | 8.8.23 |\n| --- | --- |\n| *Date of Commencement:* | 8.8.23 |\n\n\nCircular Economy (Waste Reduction and Recycling) (Container Deposit Scheme) Further Amendment Regulations 2023, S.R. No. 91/2023\n\n| *Date of Making:* | 29.8.23 |\n| --- | --- |\n| *Date of Commencement:* | 29.8.23 |\n\n\nCircular Economy (Waste Reduction and Recycling) (Container Deposit Scheme) Amendment (Miscellaneous) Regulations 2023, S.R. No. 107/2023\n\n| *Date of Making:* | 24.10.23 |\n| --- | --- |\n| *Date of Commencement:* | 1.11.23: reg. 3 |\n\n\nCircular Economy (Waste Reduction and Recycling) (Container Deposit Scheme) Amendment Regulations 2024, S.R. No. 55/2024\n\n| *Date of Making:* | 25.6.24 |\n| --- | --- |\n| *Date of Commencement:* | Regs 5, 6, 8 on 1.7.24: reg. 3(1); reg. 7 on 1.8.24: reg. 3(2) |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n**Table of Applied, Adopted or Incorporated Matter**\n\nThe following table of applied, adopted or incorporated matter was included in S.R. No. 94/2022 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n| --- | --- | --- |\n| Regulation 11, definition of ***GS1 Standard*** | GS1 General Specifications published by GS1 AISBL, dated January 2022 | The whole |\n\n\n——\n\n**Table of Applied, Adopted or Incorporated Matter**\n\nThe following table of applied, adopted or incorporated matter was included in S.R. No. 107/2023 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n| --- | --- | --- |\n| Regulation 6(a), which inserts a definition of ***GS1 Standard*** in regulation 4 of the Principal Regulations | [GS1 General Specifications, version 23.0, published by GS1 AISBL in January 2023](https://gs1md.org/storage/GS1_General_Specifications.pdf) | The whole |\n\n\n——\n\n**Table of Applied, Adopted or Incorporated Matter**\n\nThe following table of applied, adopted or incorporated matter was included in S.R. No. 55/2024 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n| --- | --- | --- |\n| Regulation 5, which amends regulation 4 (definition of ***General Community Profile for Statistical Area 1***) of the Principal Regulations | Victoria 2021 Census of Population and Housing: General Community Profile for Victoria; Statistical Area 1 (SA1) Census DataPack for Victoria, as published by the Australian Bureau of Statistics on 28 June 2022 | Table G01 |\n| Regulation 5, which amends regulation 4 (definition of ***General Community Profile for Urban Centres and Localities***) of the Principal Regulations | Victoria 2021 Census of Population and Housing: General Community Profile for Victoria; Urban Centres and Localities (UCL) Census DataPack for Victoria, as published by the Australian Bureau of Statistics on 12 October 2022 | Table G01 |\n| Regulation 5, which amends regulation 4 (definition of ***Local Government Area Structure***) of the Principal Regulations | Australian Statistical Geography Standard (ASGS) Edition 3—Non ABS Structures, as published by the Australian Bureau of Statistics on 25 July 2023 | \"Local Government Areas—2023\" (Allocation file) |\n| Regulation 5, which amends regulation 4 (definition of ***Main Structure and Greater Capital City Statistical Areas***) of the Principal Regulations | Australian Statistical Geography Standard (ASGS) Edition 3—Main Structure and Greater Capital City Statistical Areas, as published by the Australian Bureau of Statistics on 20 July 2021 | \"Mesh    blocks—2021\" (Allocation file) |\n| Regulation 5, which amends regulation 4 (definition of ***Remoteness Structure***) of the Principal Regulations | Australian Statistical Geography Standard (ASGS) Edition 3—Remoteness Structure, as published by the Australian Bureau of Statistics on 21 March 2023 | \"Remoteness Areas—2021\" (Allocation file) |\n| Regulation 5, which amends regulation 4 (definition of ***Urban Area Structure***) of the Principal Regulations | Australian Statistical Geography Standard (ASGS) Edition 3—Significant Urban Areas, Urban Centres and Localities, Section of State and Section of State Range, as published by the Australian Bureau of Statistics on 5 October 2022 | \"Urban Centres and Localities, Section of State and Section of State Range—2021\" (Allocation file) |","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the limited text available, the regulations appear to remain consistent with the original intent of the parent Act — establishing operational rules for a container deposit/refund scheme to reduce waste and encourage recycling. No scope expansion or contraction is evident from the metadata provided."},"complexity_factors":["Regulatory instrument sitting beneath a parent Act, requiring cross-referencing to understand full obligations","Involves multiple regulated parties (producers, retailers, scheme operators, consumers) with different obligations","Scheme design involves financial flows and reconciliation mechanisms that can be technically complex","Interacts with national container deposit harmonisation efforts across jurisdictions","Insufficient legislative text was provided to fully assess provision-level complexity"],"plain_english_summary":"The Container Deposit Scheme Regulations 2022 (ACT) set the practical rules for a 10‑cent refund program that pays people who return eligible drink containers to approved collection points. \n\nThey affect consumers, retailers, beverage suppliers and recycling operators and aim to cut litter and landfill by financially incentivising recycling under the Circular Economy (Waste Reduction and Recycling) Act 2021."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original scope through amendments. The 2024 amendments (S.R. No. 55/2024) added detailed geographic accessibility requirements (community access standard and community operating standard) with complex population-based formulas and ABS statistical mapping. The 2023 amendments added fraud prevention measures, refund declarations, proof of identity requirements, landfill disposal exemptions, and technical barcode specifications. What began as basic operational rules has expanded into a comprehensive regulatory framework covering geographic equity, anti-fraud measures, and detailed technical standards."},"complexity_factors":["34 defined terms in the interpretation section (regulation 4), many referencing external ABS statistical publications and GS1 technical standards","Multiple mathematical formulas for calculating required collection point numbers based on population data (regulation 10C)","Nested conditional logic for operating hours — different requirements for major urban areas vs regional areas vs remote areas, with further adjustments for public holidays (regulation 10B)","Cross-references to the parent Act (Circular Economy Act 2021) throughout, requiring simultaneous reading of both instruments","Incorporation of external documents by reference — 6 different ABS statistical geography standards and GS1 barcode specifications","Staggered commencement dates — Parts 2 and 5 commenced 5 months later than the rest of the Regulations","Amendment history visible in the text — multiple regulations show 'inserted by' and 'substituted by' notations indicating evolutionary complexity"],"plain_english_summary":"**What this legislation does:**\n\nThese Regulations set up the detailed rules for Victoria's \"10 cent refund\" container deposit scheme — the system where you get money back for returning drink containers for recycling.\n\n**Who it affects:**\n- **Everyday Victorians** — anyone who wants to collect a 10 cent refund on eligible drink containers\n- **Beverage companies (\"first suppliers\")** — businesses that make or import drinks sold in Victoria\n- **Network operators** — the companies that run the collection points (refund depots and reverse vending machines)\n- **The Scheme Coordinator** — the central body that manages the scheme and handles the money flow\n- **Charities and community groups** — organisations that can register as \"donation partners\" to receive refunds\n\n**Key things the rules cover:**\n\n- **What drinks and containers qualify:** Most drink containers between 150ml and 3 litres are eligible, but there are specific exemptions — plain milk, cordial, concentrated juices, health tonics, wine bottles, spirit bottles, large casks, and some aluminium cans with ring-pull lids don't qualify.\n\n- **How much you get:** 10 cents per eligible container.\n\n- **Where and when you can claim:** The rules require collection points to be open minimum hours depending on location — major cities need 27 weekday hours and 8 weekend hours per week, while remote areas need 8 weekday hours and 8 weekend hours per fortnight. There must also be enough collection points based on population formulas.\n\n- **How the money flows:** Beverage companies pay into the scheme, the Scheme Coordinator distributes funds to network operators, and network operators pay refunds to the public (or to charities if people choose to donate).\n\n- **Fraud prevention:** If you return more than 1,500 containers in 24 hours, you must sign a declaration stating the containers were bought in Victoria and haven't been claimed before.\n\n- **Record keeping:** The Scheme Coordinator must publish detailed annual reports on finances, recycling rates, and collection point locations.\n\n**Why it matters:**\nThese rules determine whether the scheme actually works — whether it's easy to find a refund point, whether the right containers are accepted, and whether the system remains financially viable while encouraging recycling over landfill."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Subsequent amendments have made the instrument more prescriptive and operational. Notable scope additions include community operating and access standards for collection points (Regulations 10B–10C), mandatory barcode and multipack labelling requirements (Regulation 11), a prescribed refund marking (Regulation 7A), expanded eligibility/exclusion definitions (Regulation 6), detailed annual financial and performance reporting (Regulation 8A), and landfill disposal exemption information (Regulation 16). These changes shift the Regulations from high‑level prescription toward detailed implementation rules, increasing compliance and administrative burdens for suppliers and operators."},"complexity_factors":["Extensive defined terms and layered exclusions that determine eligibility (Regulation 4; Regulation 6).","Incorporation of external technical standards for barcodes (GS1/GTIN) requiring compliance with an external specification (Regulation 11; def. of GS1 Standard in Regulation 4).","Prescriptive operational and access formulas that use ABS population datasets and multi‑step calculations to set collection‑point numbers and opening‑hour minima (Regulations 10B–10C; related definitions in Regulation 4 referencing ABS publications).","Detailed financial and reporting obligations for the Scheme Coordinator and transparency of scheme flows (Regulation 8; Regulation 8A; Regulation 12).","Specific first supplier obligations on barcode/packaging and an option for small suppliers on payment timing, creating variable compliance pathways (Regulation 11; Regulation 12(c); Regulation 15).","Enforcement and refund mechanics that specify acceptable refusal grounds, declaration requirements, identity/proof thresholds and electronic payment methods (Regulations 17–19).","Geographic zoning and appointment discretions for network operators that localise operational responsibilities (Regulation 10).","Multiple amendment instruments and cross‑references to the parent Act increase interpretive and administrative complexity (Table of Amendments; frequent cross‑references to the Act)."],"plain_english_summary":"These Regulations set the operational rules for Victoria's container deposit scheme: they define which drinks and containers qualify or are exempt, fix the refund at 10 cents, require visible refund markings and machine‑readable barcodes, and impose duties on the Scheme Coordinator, network operators and first suppliers. They also prescribe reporting, collection‑point access and opening‑hour standards and enforcement procedures. First suppliers fund the scheme through contributions; coordinators and network operators administer refunds and collection services, creating new labeling, reporting and operational compliance costs for businesses and operators."}},"importantCases":[],"_links":{"self":"/api/acts/circular-economy-waste-reduction-and-recycling-container-deposit-scheme-regulations-2022","history":"/api/acts/circular-economy-waste-reduction-and-recycling-container-deposit-scheme-regulations-2022/history","analysis":"/api/acts/circular-economy-waste-reduction-and-recycling-container-deposit-scheme-regulations-2022/analysis","conflicts":"/api/acts/circular-economy-waste-reduction-and-recycling-container-deposit-scheme-regulations-2022/conflicts","importantCases":"/api/acts/circular-economy-waste-reduction-and-recycling-container-deposit-scheme-regulations-2022/important-cases","documents":"/api/acts/circular-economy-waste-reduction-and-recycling-container-deposit-scheme-regulations-2022/documents"}}