5Meaning of first responsible supplier

5 Meaning of first responsible supplier

(1)  For the purposes of this Act and subject to subsection (2) , a person is the first responsible supplier in respect of one or more eligible containers if –

(a) the person first supplies those containers in the State; or

(b) the person is a member of a class of persons prescribed as the first responsible suppliers for the class of containers to which those containers belong.

(2)  Despite subsection (1)(a) , a person is not the first responsible supplier for an eligible container solely on the basis that the person –

(a) is responsible for transporting the container –

(i) into the State from a location outside of the State; or

(ii) within the State; or

(b) is engaged under a contract to do one or more of the following for, or on behalf of, another person:

(i) to make the container;

(ii) to fill the container with a beverage;

(iii) to seal a beverage in the container; or

(c) is a member of a class of persons that is prescribed as not being the first responsible supplier for the class of containers to which the container belongs.

(3)  If there is a dispute as to who is the first responsible supplier for one or more eligible containers, the Secretary may determine who is the first responsible supplier in respect of the containers.