99Application for approval as suitable eligible container

99 Application for approval as suitable eligible container

S. 99(1) amended by No. 35/2023 s. 14(1).

(1) A first supplier of an eligible container, or a person who has given notice under section 98(1) in relation to an eligible container, may apply to the Head, Recycling Victoria for the approval of that eligible container as a suitable eligible container.

S. 99(2) substituted by No. 35/2023 s. 14(2).

(2) An application for approval under subsection (1) must be made in accordance with the process approved under subsection (4).

(3) On receiving an application under subsection (1), the Head, Recycling Victoria must either—

(a) approve the container as a suitable eligible container, subject to any conditions that are prescribed or specified in the approval; or

(b) refuse to approve the container as a suitable eligible container.

(4) The Head, Recycling Victoria must, by instrument in writing, approve the process in accordance with which the Head, Recycling Victoria—

(a) determines whether or not an eligible container is approved as a suitable eligible container; and

(b) varies or revokes the approval of a suitable eligible container.

(5) When determining whether or not to approve an eligible container as a suitable eligible container under subsection (3), the Head, Recycling Victoria—

(a) must take into account any prescribed factors; and

(b) may request further information in accordance with the regulations.

(6) The Head, Recycling Victoria may vary or revoke an approval of a suitable eligible container under subsection (3) in accordance with the process approved under subsection (4).

Division 7—Disposal of suitable eligible containers