First responsible suppliers. The first responsible supplier is the legal starting point for cost allocation and compliance. They must ensure containers they supply are approved, display prescribed marks and be party to a supply agreement with the scheme coordinator (s 11(2); s 23). They are also liable under s 25(1) to comply with statutory and contractual obligations and face penalties for non-compliance.
Scheme coordinators. Appointed by the Minister (s 14), the scheme coordinator manages the scheme, must enter into supply agreements with first responsible suppliers to allocate costs appropriately (s 21(a)), enters agreements with network operators and material recovery facility operators (s 21(b)-(c)), and must prepare and publish an annual report within 90 days of the end of each financial year (s 27). The coordinator is subject to civil and administrative obligations under the Act (s 25(2)) and can be audited under s 28.
Network operators. Appointed by the Minister (s 15), network operators establish and operate the network of container refund points and, unless the agreement specifies otherwise, bear operational and administrative costs for the container refund points they operate (s 22(a)-(b)). They must ensure approved containers deposited at their points are recycled and the Act complied with at their points (s 22(c)-(d)). Network operators also enter refund point agreements with refund point operators (s 24(1)).
Refund point operators. Either the network operator or persons employed or engaged by the network operator operate a container refund point (s 3 definition of refund point operator; s 24). Refund point operators must pay refunds to depositors (s 29(2)) except where specified exceptions apply (s 29(3)-(4)). They must accept approved containers (s 32), may require refund declarations and proof of identity in particular circumstances (s 30), and are required to keep refund declarations and identity evidence for a prescribed period (s 30(4)). Operating a refund point without being the refund point operator is an offence (s 24(3)).
Material recovery facility operators. They may only claim refund amounts after prescribed recycling or preparation for recycling steps have been completed (s 26(1)-(2)). If they receive a refund from the scheme coordinator they must ensure the container does not enter landfill, except in prescribed circumstances (s 26(3)-(4)). Penalties for non-compliance are substantial (s 26 penalties).
Consumers and depositors. Any person may deposit an approved container at a container refund point to claim a refund (s 29(1)). Refund point operators must pay the refund amount to the depositor, within the statutory constraints (s 29(2)). Depositors must not claim refunds they know have already been paid or are not payable (s 29(6)).
The Secretary, Minister and authorised officers. The Secretary administers approvals, keeps the approved container list (s 12(3)), may carry out audits or require audits (s 28), may require information from scheme participants (s 38), and may delegate powers (s 33(2)). The Minister appoints scheme coordinators and network operators, may suspend or cancel appointments (s 18), establish advisory committees (s 37), and must commission an independent review before the fifth anniversary of Part 2 (s 45). Authorised officers, appointed by the Secretary, have statutory powers to enter premises, inspect, require documents and take copies, and remove items in specified circumstances (s 35).
Third parties and intermediaries. Persons involved in manufacturing, filling, distributing or transporting containers are potentially affected because approvals, supply agreements and the Secretary’s power to determine first responsible supplier disputes can reach into commercial arrangements (ss 5, 12, 23). The Act allows prescribed classes of persons to be treated as first responsible suppliers or not to be treated as such (s 5(1)-(2)).
Councils and funds. Infringement notice payments are payable to a council if the authorised officer is employed by the council, otherwise to the Environment Protection Fund (s 43(4)). The Secretary may charge fees to a liable person for actions taken under the Act to recover administrative or regulatory costs if reasonable notice was given (s 34).
Businesses with overlapping responsibilities. There are statutory prohibitions on appointment overlap and on shared relevant commercial interests between scheme coordinator and network operator (s 14(2)(d)-(e); s 15(2)(d)-(e)). Bodies corporate can be held liable and their management can be treated as personally liable under s 42, which affects directors and officers involved in corporate management.
Regulated service providers. Auditors, trainers, and parties contracting to operate refund point machines, or to supply prescribed forms or identity verification systems, will be engaged in practice by scheme participants because agreements can require monitoring, auditing and approved procedures (s 19(1)(d)(iii)-(iv); s 44).
Overall, the Act affects a chain of private actors from manufacture and supply through to recovery and recycling, as well as the public administration responsible for approvals, contracts and enforcement. The commercial parties that contract into the scheme are the primary bearers of administrative and operational costs under the statutory model, subject to the terms the Minister and Secretary approve in agreements (ss 21, 22, 34).