Circular Economy (Waste Reduction and Recycling) Act 2021
98Determination of first supplier
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98 Determination of first supplier
S. 98(1) amended by No. 35/2023 s. 13(1).
(1) A person, other than a prescribed person, must notify the Head, Recycling Victoria if the person supplies or intends to supply a beverage in an eligible container in Victoria if required to do so by the regulations.
S. 98(2) amended by No. 35/2023 s. 13(2).
(2) On receiving notice under subsection (1), the Head, Recycling Victoria must, in accordance with the process approved under subsection (3), determine whether or not the person is or will be a first supplier of the eligible container in Victoria.
S. 98(3) amended by No. 35/2023 s. 13(3).
(3) The Head, Recycling Victoria must, by instrument in writing, approve the process in accordance with which the Head, Recycling Victoria determines whether a person who is supplying or intends to supply a beverage in an eligible container is, or will be, a first supplier of that eligible container in Victoria.
(4) When making a determination under subsection (2), the Head, Recycling Victoria—
(a) must make the determination in accordance with any prescribed process; and
(b) must take into account any prescribed factors; and
(5) The Head, Recycling Victoria may vary or revoke a determination under subsection (2) in accordance with the process approved under subsection (3).
Division 6—Approval of suitable eligible containers