90Content of network operator agreements

90 Content of network operator agreements

(1) A network operator agreement must include provisions that require the network operator to enter into and give effect to—

(a) arrangements or undertakings in connection with the establishment and operation of collection points (collection point arrangements); and

S. 90(1)(b) amended by No. 35/2023 s. 10(1).

(b) arrangements or undertakings to pay refund amounts and associated handling costs for suitable eligible containers collected at those collection points (collection refund arrangements).

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

(a) that each scheme arrangement required under the network operator 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 network operator to whom the scheme arrangement applies does not act unfairly, or unreasonably discriminate, against or in favour of any particular collection point operator in negotiating, entering into, performing obligations under or enforcing any scheme arrangement.

S. 90(2A) inserted by No. 35/2023 s. 10(2).

(2A) Without limiting subsection (2)(a), a network operator 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 network operator 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.

S. 90(3A) inserted by No. 35/2023 s. 10(3).

(3A) A network operator agreement must include any prescribed requirements.

(4) A network operator agreement may—

(a) specify the monitoring, reporting and audit requirements to be included in a scheme arrangement; and

(b) provide for the provision of information by, or disclosure of information to, the network operator under the agreement or a scheme arrangement; and