81Content of Scheme Coordinator agreement

81 Content of Scheme Coordinator agreement

(1) A Scheme Coordinator agreement must include provisions that require the Scheme Coordinator to enter into and give effect to the following arrangements—

(a) arrangements requiring first suppliers to pay to the Scheme Coordinator contributions towards the cost of the management, administration and operation of the container deposit scheme (supply arrangements);

S. 81(1)(b) amended by No. 35/2023 s. 8(1)(a).

(b) arrangements with network operators requiring the Scheme Coordinator to pay to the network operators refund amounts and associated administration and handling costs for suitable eligible containers that are collected at the collection points (network arrangements);

S. 81(1)(c) amended by No. 35/2023 s. 8(1)(b).

(c) arrangements with material recovery facility operators requiring the Scheme Coordinator to pay to the material recovery facility operators refund amounts for recycling and resource recovery of suitable eligible containers (recovery arrangements).

(2) A Scheme Coordinator agreement must include provisions that the Minister considers necessary to ensure—

(a) that each scheme arrangement required under the Scheme Coordinator agreement specifies a methodology—

(i) for determining the amounts payable under that scheme arrangement; and

(ii) that is in accordance with any prescribed requirements; and

(b) that the Scheme Coordinator does not act unfairly, or unreasonably discriminate, against or in favour of any particular network operator in negotiating, entering into, performing obligations under or enforcing any scheme arrangement.

S. 81(2A) inserted by No. 35/2023 s. 8(2).

(2A) Without limiting subsection (2)(a), a Scheme Coordinator agreement may specify a methodology by applying or incorporating any methodology or document approved by the Department—

(a) wholly or partially or with or without any modification; or

(b) as in force or as issued at a particular time or as in force or as issued from time to time.

(3) A Scheme Coordinator agreement must include the following requirements relating to data, information and information technology—

(a) any agreed requirements for the use, disclosure, collection and retention of data and information;

(b) any prescribed requirements for the use, disclosure, collection and retention of data and information;

(c) any prescribed requirements regarding the form and content of information technology.