These regulations put meat on the bones of the Container Refund Scheme: they define which beverage containers are excluded, set the refund at 10 cents, require specific barcodes and exterior marks, prescribe approval and transfer processes for container types, limit how many containers one person may deposit at once, and set when refunds won’t be paid. They apply to beverage producers, importers, distributors, material‑recovery operators, refund‑point operators and the scheme coordinator. Mechanically, the Secretary and the scheme coordinator exercise approval, audit and enforcement powers and non‑compliance attracts penalties (regs 4,5,6,7,8,9,10,11,12,13,14,16).
These regulations operationalise the Container Refund Scheme Act 2022 by prescribing technical definitions, application processes, labelling and refund rules, transitional arrangements and compliance mechanics for the scheme. They set the refund quantum at 10 cents per approved container (regulation 6). They prescribe classes of containers excluded from the Act (regulation 4), identify the marks and barcode standards an approved container must carry (regulation 5), and require applicants for container approval to submit defined product details (regulation 7). The regulations set processes for transferring container approvals between parties (regulation 8) and cap the number of containers one person may deposit at a single time to 1 500 (regulation 9). They specify circumstances when refunds are not payable, including contamination, breakage, missing parts and where deposit amounts exceed the prescribed maximum or substitution claims are made (regulation 10). They define how first responsible suppliers may be prescribed by contract and approved by the scheme coordinator, including required content and pre-approval (regulation 11). Reporting obligations are imposed on scheme coordinators and network operators via their agreements and Ministerial guidelines (regulation 12 and 15). Material recovery facility operators (MRFOs) may, with Secretary satisfaction, send refunded containers to landfill only if the operator proves the containers are unsuitable to recycle and that reasonable steps were taken (regulation 13). Refund point operators may request proof of identity on reasonable grounds (regulation 14). Transitional arrangements exclude containers already held at MR facilities before the scheme commencement and empower the scheme coordinator to appoint auditors and pay their reasonable costs to account for pre-existing stock (regulation 16). The regulations are framed to connect directly to discrete sections of the Act (see the frequent references to specified sections of the Act such as s 3, s 7, s 12, s 21, s 22, s 26, s 30 and s 31), and take effect on commencement of s 10 of the Act (regulation 2). The instrument was notified in the Gazette on 27 December 2023 and is administered by the Department of Natural Resources and Environment Tasmania.
Current sections
Direct links to the current provisions in Container Refund Scheme Regulations 2023.
For the purposes of the definition of exempt container in section 3 of the Act, each of the following classes of containers is prescribed as a class of containers to which the Act does not apply:
(a) containers that –
(i) are made of glass; and
(ii) are marketed as being able to be refilled, with a beverage or substance, by the person who first supplied the container, the beverage or the substance;
(b) containers designed to hold less than 150 millilitres of liquid;
(c) containers designed to hold more than 3 litres of liquid;
(d) containers that have held one or more of the following beverages:
(iii) concentrated juice, whether fruit juice or vegetable juice or a combination of both, that is intended to be diluted before consumption;
(iv) concentrated cordial, or similar concentrate, that is intended to be diluted before consumption;
(e) containers that have held a beverage that –
(i) is included, as a tonic or supplement, on the Australian Register of Therapeutic Goods within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth; and
(ii) is supplied with a label, or accompanying document, that specifies –
(A) a recommended maximum dose for the beverage; and
(B) a statement that the beverage is for medicinal or therapeutic purposes;
(f) containers that have held one litre or more of –
(i) flavoured milk; or
(ii) flavoured plant-based milk substitutes; or
(iii) a beverage that is comprised of at least 90% fruit juice or vegetable juice, or a combination of both;
(g) containers that –
(i) are made of cardboard; and
(ii) have an interior lined with plastic or foil, or both; and
(iii) have held one litre or more of –
(A) wine; or
(B) a beverage that contains wine and has an alcohol by volume content of less than 10%; or
(C) water, including mineral water and spring water;
(h) containers that –
(i) are made of plastic or foil, or both; and
(ii) have held 250 millilitres or more of wine;
(i) containers that –
(i) are made of glass; and
(ii) are sold while containing only the following beverages:
(C) an alcoholic beverage produced by distillation.
5
Prescribed marks for containers
5 Prescribed marks for containers
(1) In this regulation –
GS1 Standard means the GS1 General Specifications standard published, from time to time, by the not-for-profit international organization known as GS1 AISBL, registered in Belgium on 13 July 2012 with the Enterprise Number 419.640.608;
GTIN barcode means a product barcode that –
(a) contains a Global Trade Item Number (GTIN) encoding; and
(b) complies with the GS1 Standard.
(2) For the purposes of the definition of prescribed marks in section 3 of the Act, an approved container is required to display at least one of the following barcodes on the exterior of the container:
(a) a GTIN barcode that is unique to the class of approved containers, being a class of approved containers that contain a specific volume of a specific beverage, of which the approved container is a member;
(b) a product barcode that –
(i) is unique to the class of approved containers of which the approved container is a member; and
(ii) complies with the EAN/UPC symbology specifications for EAN-13, EAN-8, UPC-A or UPC-E barcodes, as set out in the GS1 Standard; and
(iii) complies with the dimensional specifications and symbol placement guidelines that apply to the class of data carriers to which the barcode belongs, as set out in the GS1 Standard; and
(iv) does not duplicate a GTIN barcode or another product barcode; and
(v) is not less than 8, but not more than 14, numbers in length.
(3) In addition to a barcode prescribed under subregulation (2) , for the purposes of the definition of prescribed marks in section 3 of the Act, an approved container is required to display the following information, on the exterior of the container, in a manner that is clear and legible:
| | 10c refund at collection depots/points in participating State/Territory of purchase |
6
Refund amount for containers
6 Refund amount for containers
For the purposes of section 7 of the Act, the refund amount prescribed for a single approved container is 10 cents.
7
Applications for approval of containers
7 Applications for approval of containers
For the purposes of section 12(1) of the Act, an application is made in the prescribed manner if –
(a) the application is made to the Secretary in an approved form; and
(b) the application contains information on each of the following:
(i) details of the unique barcode for the container;
(ii) the physical external dimensions of the container;
(iii) the type of beverage for which the container is, or is to be, used;
(iv) details of each material used in the container and each colour of those materials, if relevant;
(v) the lid and opening mechanism of the container;
(vi) any other information specified on the application as being required.
8
Applications to transfer container approvals
8 Applications to transfer container approvals
(1) If a person who holds the approval of an eligible container, under section 12 of the Act, ceases to be the first responsible supplier for the container, the person may apply to the Secretary for the approval, of the container, to be transferred to a person specified in the application.
(i) the person who holds the approval to be transferred; and
(ii) the person who will hold the approval if the transfer is granted.
(3) After receiving an application under subregulation (1) , the Secretary may request further information from the applicant before making a decision on the application.
(4) After receiving an application under subregulation (1) in respect of the transfer of the approval of a container, the Secretary may –
(a) grant the transfer of the approval; or
(b) refuse to grant the transfer of the approval.
(5) If the Secretary grants the transfer of the approval of a container under subregulation (4) –
(a) the Secretary must notify the applicant for the transfer and the person to whom the approval is to be transferred –
(i) that the transfer has been granted; and
(ii) the date on which the transfer takes effect; and
(iii) the conditions that apply to the approval to which the transfer relates; and
(b) if necessary, the Secretary must ensure that the list of approved containers, kept under section 12(3) of the Act, is updated to correctly reflect the information relating to the container.
(6) If the Secretary refuses to grant the transfer of the approval of a container under subregulation (4) , the Secretary must notify, in writing, the applicant for the transfer and the person to whom the approval was proposed to be transferred –
(a) that the Secretary has refused to grant the transfer; and
(b) the reasons for the refusal; and
(c) that section 40 of the Act applies to the refusal to grant the transfer.
(7) If the Secretary refuses to grant the transfer of the approval of a container, the approval for that container is revoked unless otherwise specified by the Secretary in the written notification given under subregulation (6) in respect of the refusal.
9
Prescribed maximum amount of containers
9 Prescribed maximum amount of containers
For the purposes of section 30(1)(b)(i) of the Act, the prescribed maximum amount of containers, to be deposited by one person at a single time, is 1 500 containers.
10
Refunds not payable for containers in certain circumstances
10 Refunds not payable for containers in certain circumstances
(1) For the purposes of section 31(1)(f) of the Act, a refund amount is not payable in respect of an approved container if –
(a) the container has held, or is or has been wholly or partially covered in, a substance that has the potential to cause harm to persons, property or the environment because of one or more of the following:
(i) the chemical properties of the substance;
(ii) the physical properties of the substance;
(iii) the biological properties of the substance; or
(b) the container is broken; or
(c) the container is missing a part of the container that is not intended, by its manufacturer, to be removed from the container.
(2) For the purposes of section 31(1)(f) of the Act, a refund amount is not payable in respect of an approved container at a container refund point if the person depositing the container –
(a) is depositing a number of approved containers, that includes the container, in an amount that exceeds the maximum amount of containers prescribed under regulation 9 ; and
(b) intends to claim an amount, in substitution of the refund amount, that is not calculated on the specific number of approved containers deposited.
Part 3
Scheme Participants
Part 3 Scheme Participants
11
First responsible supplier
11 First responsible supplier
(1) For the purposes of section 5(1)(b) of the Act, persons specified in agreements as the first responsible supplier for a container are a class of persons prescribed as the first responsible suppliers in respect of the containers if –
(a) the agreement complies with this regulation; and
(b) the agreement has been approved, in writing, by the scheme coordinator before the agreement comes into force.
(2) An agreement referred to in subregulation (1) complies with this regulation in respect of an eligible container if –
(a) the agreement is only between –
(i) the person who first supplies, or is intending to first supply, the container in the State; and
(ii) the person specified in the agreement as the first responsible supplier for the container; and
(b) the person specified in the agreement as the first responsible supplier for the container is also employed, or engaged, in relation to the manufacturing, bottling or distribution of the container; and
(c) the agreement specifies –
(i) the date on which the agreement is to come into force, being a date that is after the approval of the agreement by the scheme coordinator as required under subregulation (1)(b) ; and
(ii) each eligible container to which the agreement relates; and
(iii) the date on which the agreement ceases to have effect, if the agreement is not sooner terminated; and
(d) the agreement complies with any relevant guidelines published by the Minister under regulation 15 in respect of the form and content of such an agreement; and
(e) the agreement includes a statement that the person specified in the agreement as the first responsible supplier for an eligible container understands and agrees that, on the date on which the agreement comes into force, the person –
(i) is the first responsible supplier under the Act for the container while the agreement is in force; and
(ii) must have in place a supply agreement, with the scheme coordinator, in respect of the container.
(3) The scheme coordinator may refuse to approve an agreement referred to in subregulation (1) if the scheme coordinator is satisfied, on reasonable grounds, that –
(a) the agreement does not meet the requirements of subregulation (2) ; or
(b) the person specified in the agreement as the first responsible supplier is unlikely to meet the financial obligations required as first responsible supplier.
(4) As soon as is practicable after an agreement that meets the requirements of this regulation has come into force, the person specified in the agreement as the first responsible supplier for an eligible container is to provide a copy of the agreement, that is signed by all the parties to the agreement, to the scheme coordinator.
(5) For the avoidance of doubt, the person specified in the agreement under this regulation as the first responsible supplier for an eligible container is taken, on the date on which the agreement comes into force, to be the first responsible supplier under the Act for the container.
(6) For the avoidance of doubt, a person who first supplies an eligible container in the State is prescribed, under section 5(2)(c) of the Act, as not the first responsible supplier for the container while an agreement under this regulation is in force in respect of the container.
12
Reporting requirement
12 Reporting requirement
For the purposes of section 21(d) and section 22(e) of the Act, it is a condition of each agreement to be a scheme coordinator or a network operator that the relevant scheme coordinator or network operator must provide regular reports –
(a) as specified in the terms of the agreement; and
(b) in accordance with the guidelines published by the Minister under regulation 15 .
13
Circumstances where material recovery facility operator may send container to landfill
13 Circumstances where material recovery facility operator may send container to landfill
For the purposes of section 26(4) , an approved container, for which a material recovery facility operator has received a refund under the scheme, may enter landfill if the material recovery facility operator has proven, to the satisfaction of the Secretary, that –
(a) the container has become unsuitable to recycle in circumstances that were unforeseen by, or out of the control of, the material recovery facility operator; and
(b) all reasonable steps were taken by the material recovery facility operator to prevent, or reduce the effect of, those circumstances on the containers; and
(c) after those circumstances occurred –
(i) the container cannot be made suitable for recycling; or
(ii) it is impracticable for the container to be made suitable for recycling.
14
Refund point operator may request proof of identity
14 Refund point operator may request proof of identity
For the purposes of section 30(2) of the Act, the prescribed circumstances where a refund point operator may require a person to provide proof of the person’s identity include where the refund point operator believes, on reasonable grounds, that the person is not who the person claims to be when requesting the refund.
Part 4
Miscellaneous
Part 4 Miscellaneous
15
Guidelines
15 Guidelines
The Minister may publish such guidelines as the Minister considers necessary for one or more of the following reasons:
(a) to provide technical guidance to scheme participants as to how to ensure compliance with the Act and the scheme;
(b) to identify the roles or functions of scheme participants under the Act and the scheme;
(c) to inform the public on the details of the scheme and the roles or functions of each scheme participant;
(d) for such other reason that the Minister considers necessary in respect of the Act or the scheme.
16
Transitional arrangements
16 Transitional arrangements
(1) For the avoidance of doubt, the scheme does not apply to an approved container that is held at a material recovery facility, or another facility operated by a material recovery facility operator, immediately before the commencement of section 10 of the Act.
(2) For the purposes of determining the number of approved containers held at a material recovery facility, or another facility, operated by a material recovery facility operator immediately before the commencement of section 10 of the Act, the scheme coordinator –
(a) may appoint a person –
(i) to undertake an audit of each material recovery facility, or other facility, operated by the material recovery facility operator; and
(ii) to provide the scheme coordinator with a report, within 10 days after this regulation commences, on the results of that audit; and
(b) is to pay the reasonable costs of a person appointed under paragraph (a) incurred in performing an audit, or preparing a report, under that paragraph.
(3) A scheme coordinator may only appoint a person under subregulation (2)(a) if the scheme coordinator is satisfied that the person –
(a) has the appropriate skills, and qualifications, to undertake an audit of a material recovery facility or other facility; and
(b) does not have a direct, indirect or perceived conflict of interest in relation to undertaking an audit, or preparing a report, in respect of a material recovery facility or material recovery facility operator.
(4) A material recovery facility operator must comply with any reasonable request of a person appointed under subregulation (2)(a) in respect of a material recovery facility, or other facility, operated by the operator.
Penalty: In the case of –
(a) a body corporate, a fine not exceeding 100 penalty units; or
(b) an individual, a fine not exceeding 50 penalty units.
These regulations are administered in the Department of Natural Resources and Environment Tasmania.
Source text: opening excerpt
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
These regulations may be cited as the Container Refund Scheme Regulations 2023 .
2 Commencement
2 Commencement
[Regulation 2 Substituted by S.R. 2025, No. 12, Applied:16 Apr 2025] These regulations take effect on the day on which section 10 of theContainer Refund Scheme Act 2022 commences.
3 Interpretation
3 Interpretation
In these regulations –
Act means the Container Refund Scheme Act 2022 .
Part 2 Containers
Part 2 Containers
4 Exempt containers
4 Exempt containers
For the purposes of the definition of exempt container in section 3 of the Act, each of the following classes of containers is prescribed as a class of containers to which the Act does not apply:
(a) containers that –
(i) are made of glass; and
(ii) are marketed as being able to be refilled, with a beverage or substance, by the person who first supplied the container, the beverage or the substance;
(b) containers designed to hold less than 150 millilitres of liquid;
(c) containers designed to hold more than 3 litres of liquid;
(d) containers that have held one or more of the following beverages:
(i) [Regulation 4 Amended by S.R. 2025, No. 17, Applied:06 May 2025] animal milks that are unflavoured;
(ii) [Regulation 4 Amended by S.R. 2025, No. 17, Applied:06 May 2025] plant-based milk substitutes that are unflavoured;
Main concepts
The regulations create several concrete operational concepts that drive who pays, who decides and what behaviour changes.
Approved container and exempt container: regulation 4 prescribes multiple classes of exempt containers (for example glass refillable containers, containers under 150 ml, containers over 3 litres, certain milks and concentrates, specified wine and water packaging). Those classes are explicitly removed from the Act’s scope for refund purposes (regulation 4). The Act’s definitions (referred to repeatedly) anchor the practical reach of the scheme; the regulations fill in the specific exclusions and thereby influence packaging choices and market segmentation.
Prescribed marks: regulation 5 requires an approved container to display a barcode meeting GS1 standards (GTIN or EAN/UPC symbology) and additional exterior information including the explicit 10 cent refund statement. The regulation defines GS1 Standard and GTIN barcode and sets minimum requirements such as uniqueness to the class of approved containers and compliance with GS1 dimensional and symbol placement guidelines. Those mark rules translate into labelling and IT/inventory requirements for manufacturers and suppliers.
Refund amount: regulation 6 fixes the monetary incentive to redeem at 10 cents per approved container. The fixed refund anchors consumer behaviour and commercial calculus for reverse logistics, collection economics and deposit redemption models.
Approval and transfer regime: regulations 7 and 8 set the content and form of applications for container approval and for transfer of approvals. The Secretary (an official role in the Act) has discretion to request further information, grant or refuse transfers, and must notify applicants and update the approved container list where appropriate. Refusal triggers the Act’s review pathway (regulation 8(6)(c) references section 40 of the Act).
First responsible supplier via agreement: regulation 11 prescribes how parties may contract to assign the role of first responsible supplier, and requires the scheme coordinator’s written approval before the agreement comes into force. The regulation requires the first responsible supplier to be employed or engaged in manufacturing, bottling or distribution, to include specific dates and container identification, and to maintain a supply agreement with the scheme coordinator.
Reporting and guidelines: regulation 12 conditions agreements for scheme coordinators and network operators on regular reporting, and regulation 15 empowers the Minister to publish guidelines that shape compliance expectations, definitions of roles, technical guidance and public information.
Operational limits and safeguards: regulation 9 caps per-deposit volume at 1 500 containers. Regulation 10 clarifies non-payable refunds for safety or integrity reasons, broken or incomplete containers, and rules on bulk deposits where substitution claims are attempted.
MRFO landfill exception and transitional audits: regulation 13 permits MRFOs to send refunded containers to landfill only after satisfying the Secretary on unforeseeable circumstances and reasonable steps, and regulation 16 provides transitional exclusions and an audit mechanism to count pre-commencement stock, with the scheme coordinator bearing reasonable audit costs.
Collectively these concepts allocate duties to private parties (manufacturers, first suppliers, scheme coordinator, MRFOs, refund point operators), create centralised approval and oversight functions for the Secretary and scheme coordinator, and embed labelling, reporting and audit mechanics intended to operationalise the refund and curb fraud or conversion of refunds into cash without recovery. Each concept creates compliance tasks, record-keeping requirements and decision points where administrative discretion will determine practical outcomes.
Who it affects
The regulations affect a range of private and public actors by assigning duties, approvals, and compliance tasks.
Manufacturers, bottlers and distributors: They are central because the regulations focus on container classes and labelling (regulations 4, 5, 7). Manufacturers and packagers will need to ensure containers are either outside the exempt classes or comply with the prescribed marks and barcode uniqueness rules (regulation 5). The requirement that first responsible suppliers be employed or engaged in manufacturing, bottling or distribution (regulation 11(2)(b)) shifts obligations onto producers and certain distributors rather than downstream retailers in cases where a compliant agreement is in place.
First responsible suppliers: Parties designated by agreement and approved by the scheme coordinator become the accountable first responsible supplier for specific eligible containers (regulation 11). That role carries the obligation to have a supply agreement with the scheme coordinator, and it may carry financial obligations (regulation 11(2)(e)(ii) and 11(3)(b) permits refusal where financial capacity is doubtful). These designations affect who pays into the scheme and who is liable for compliance.
Scheme coordinator and Secretary: The regulations give the scheme coordinator substantial administrative responsibilities, including approving first-responsible-supplier agreements (regulation 11(1)(b)), appointing auditors during transition and paying reasonable audit costs (regulation 16(2)), and updating the approved container list (regulation 8(5)(b)). The Secretary has decision-making powers under approvals and transfers (regulation 7, regulation 8), must be satisfied about MRFO landfill requests (regulation 13) and will receive applications and notifications under the scheme. Those central roles concentrate decision power and administrative costs in coordinated entities.
Material recovery facility operators (MRFOs): MRFOs are affected both procedurally and financially. They may receive refunds under the scheme but must obtain Secretary satisfaction before sending a refunded container to landfill, and must prove unsuitability and reasonable steps taken (regulation 13). Transitional audit requirements (regulation 16) and the obligation to comply with requests from appointed auditors (regulation 16(4)) impose additional operational interactions. Non-compliance with reasonable requests attracts penalty units (regulation 16(4) penalty provision).
Refund point operators: Operators who take deposits must follow identity-check powers (regulation 14) where they reasonably suspect false identity, enforce the 1 500 container cap per deposit (regulation 9 and regulation 10(2)), and can refuse refunds in specified circumstances (regulation 10).
Consumers and collection actors (including small-scale collectors and businesses operating reverse logistics): The fixed 10 cent refund (regulation 6) changes the value proposition of collecting and returning containers. The deposit cap (regulation 9) shapes the mechanics of bulk returns and may affect informal collectors, events, charities, and businesses specialising in large-volume collection.
Governments and regulators: The Minister gains guideline powers (regulation 15) which will affect public communication and technical compliance. The Department of Natural Resources and Environment Tasmania administers the instrument, so state-level administrative resources will be allocated to enforcement and guidance functions.
Parties excluded from being first responsible suppliers: regulation 11(6) confirms that the person who first supplies a container is not the first responsible supplier while a compliant agreement under the regulation is in force, which affects wholesalers, importers or retailers depending on which contracts are put in place.
In short, the regulations redistribute obligations along the supply chain, centralise approval and auditing powers with the scheme coordinator and Secretary, and change incentives for collectors, MRFOs and refund-point operators through the specified refund rate, labelling, and deposit limits.
Key duties and rights
The regulations allocate concrete duties and rights to specific actors and establish administrative processes.
Duties:
Labelling and barcoding: Approved containers must display a GTIN barcode complying with the GS1 Standard or an EAN/UPC barcode that meets GS1 symbology, uniqueness, dimensional and placement rules and numeric length limits (regulation 5(1)-(2)). They must also display the refund information (regulation 5(3)) clearly and legibly.
Application content for approvals: Applicants for container approval must apply to the Secretary in an approved form and include detailed product information, including unique barcode details, physical external dimensions, beverage type, materials and colours, lid and opening mechanism and any other required information (regulation 7).
First responsible supplier agreements: Parties must have agreements approved by the scheme coordinator before they come into force. Such agreements must be between the first supplier and the designated first responsible supplier, specify dates, list the eligible containers covered, conform to Ministerial guidelines and include a statement that the designated party will be the first responsible supplier and will have a supply agreement with the scheme coordinator (regulation 11(1)-(2)(e)).
Reporting: Scheme coordinators and network operators must provide regular reports as specified in their agreements and consistent with Ministerial guidelines (regulation 12).
Transitional cooperation: Material recovery facility operators must comply with reasonable requests of auditors appointed by the scheme coordinator during the transitional audit process (regulation 16(4)).
MRFO landfill justification: MRFOs who have received refunds and later seek to send containers to landfill must prove to the Secretary that the containers are unsuitable to recycle due to unforeseen and uncontrollable circumstances, that reasonable steps were taken, and that the containers cannot be made suitable or it is impracticable to do so (regulation 13).
Rights or administrative powers:
Secretary discretion: The Secretary may request further information on approval or transfer applications, grant or refuse transfers, and must notify applicants of decisions, effective dates and conditions (regulation 8(3)-(5)). Section 40 of the Act applies to refusals as noted in regulation 8(6)(c), indicating an Act-level review right exists where refusals occur.
Scheme coordinator approval power: The scheme coordinator must approve, in writing, agreements that nominate a first responsible supplier before those agreements come into effect (regulation 11(1)(b)). The coordinator may refuse approval if the agreement fails to meet requirements or if the nominated party is unlikely to meet financial obligations (regulation 11(3)).
Refund point operator identity checks: Refund point operators may require proof of identity where they reasonably believe the person is not who they claim to be (regulation 14), which is a delegated verification power to mitigate fraud.
Right to audit during transition: The scheme coordinator can appoint a person to audit MRFO facilities and must pay the reasonable costs of such audits (regulation 16(2)). Appointees must be suitably skilled and free of conflict (regulation 16(3)).
Sanctions and penalties exist for refusal to cooperate with appointed auditors (regulation 16(4) penalty units). The regulations also specify non-payability rules (regulation 10) which operate as a mechanism to withhold refunds where conditions of safety, integrity or procedural limits are not met.
These duties and administrative powers create operational obligations in labelling, record-keeping, contracting, and reporting. They also create decision points where the Secretary and scheme coordinator exercise discretion. The regulations tie certain rights, including review rights under s 40 of the Act, to those administrative decisions.
Penalties and enforcement
The regulations provide limited direct penalty prescriptions and otherwise rely on administrative decision-making tied to the Act.
Penalties for non-cooperation in transitional audits: Regulation 16(4) sets a penalty for failure to comply with a reasonable request of an auditor appointed under regulation 16(2). The penalty is a fine not exceeding 100 penalty units for a body corporate and a fine not exceeding 50 penalty units for an individual. The regulations do not specify other monetary fines within their text; the penal sanction in regulation 16 is the only explicit fine amounting to enforceable criminal or civil penalty expressed in penalty units.
Administrative enforcement powers: The Secretary has discretionary powers to grant or refuse approvals and transfers of container approvals (regulation 8(4)). Where a transfer is refused, the Secretary must notify reasons and advise that section 40 of the Act applies (regulation 8(6)). The application of section 40, while not reproduced in the regulations, is an Act-level right referenced for review of decisions. The scheme coordinator also has conditional approval powers, including refusing to approve first-responsible-supplier agreements if financial capacity is doubtful (regulation 11(3)).
Non-payability as an enforcement mechanism: Regulation 10 sets circumstances where refunds are not payable, including contamination, breakage, missing parts (regulation 10(1)(a)-(c)), as well as procedural non-payability where deposits exceed the maximum or substitution claims are made (regulation 10(2)). This operates as a non-payment enforcement tool used at refund points and by MRFOs to deny refunds for safety or fraud-prevention reasons.
Secretary satisfaction test for landfill exceptions: Regulation 13 conditions MRFOs’ ability to send refunded containers to landfill on proving to the Secretary’s satisfaction that the containers are unsuitable for recycling and that reasonable steps were taken. That creates an investigatory and evidentiary burden on MRFOs and an administrative review point for the Secretary.
Reporting and compliance oversight: Regulation 12 and regulation 15 require reports by scheme coordinators and network operators and empower the Minister to issue guidelines. Although the regulations do not specify enforcement measures tied to the guidelines, compliance with reporting conditions is framed as a condition of an agreement to be a scheme coordinator or network operator (regulation 12), implying contractual consequences internal to those agreements for non-compliance.
Criminal or administrative offences otherwise: The regulations do not enumerate other offences or detailed enforcement procedures; enforcement beyond what is specified will be driven by the Act and the terms of agreements between scheme participants and the scheme coordinator, and any penalties contained in the Act itself which the regulations reference but do not reproduce.
Practitioners should note the limited but significant direct monetary penalties in regulation 16 and the broader enforcement architecture built around administrative discretion, withholding refunds, agreement-based conditions, and the Secretary/scheme coordinator oversight functions. The reference to section 40 of the Act as applying to refusals points to a statutory review pathway for administrative decisions under the scheme.
How it interacts with other laws
The regulations place the scheme within an existing legal framework by explicit cross-references to the Container Refund Scheme Act 2022 and other Commonwealth and state instruments.
Container Refund Scheme Act 2022: Almost every operative regulation explicitly references sections of the Act (for example, definitions in s 3, refunds in s 7, approvals in s 12, MRFO landfill in s 26(4), deposit limits in s 30, non-payable refunds in s 31, the first responsible supplier scheme in s 5, reporting in s 21 and s 22, and administrative review in s 40). The regulations operate subordinate to, and implement, duties and powers created by the Act. Practitioners must read the Act together with these regulations to determine the full legal obligations.
Therapeutic Goods Act 1989: Regulation 4(e) uses the Australian Register of Therapeutic Goods under the Therapeutic Goods Act 1989 to identify containers that held products included on that register. The regulation predicates an exemption on the beverage being listed on that Commonwealth register and being supplied with labelling indicating medicinal use and recommended maximum dose. This creates an interaction between state-level container rules and federal therapeutic goods regulation for the purposes of exemptions.
GS1 standards and private standards: Regulation 5 subjects container barcodes to the GS1 General Specifications, an industry technical standard maintained by a not-for-profit international organisation. The regulations therefore import an external private technical standard by reference and make compliance with that standard a legal requirement for prescribed marks. Compliance therefore ties packaging decisions to GS1 membership practices, barcode issuance and GS1 compliance obligations.
Rules Publication Act 1953: The instrument is displayed and numbered in accordance with the Rules Publication Act 1953, which governs how subordinate legislation is published and notified.
Penalty unit framework: Regulation 16 uses the concept of penalty units without defining the monetary value, thereby relying on the jurisdictional statutory framework that sets the value of penalty units. Practitioners must refer to the relevant penalty unit legislation to quantify fines.
Contract and commercial law: Regulation 11’s requirement that first responsible supplier status be prescribed through approved agreements interfaces directly with contract law. The scheme coordinator’s power to approve such agreements and to require a supply agreement necessarily interacts with private contracting practices, and the content requirements and Ministerial guidelines may impose terms that shape contractual bargaining and allocation of liabilities between suppliers and designated first responsible suppliers.
Administrative law and review: The regulations refer to s 40 of the Act in the context of refusals (regulation 8(6)(c)), indicating that administrative decisions under the regulations may be subject to statutory review. Further remedies, including judicial review or merits review, will be governed by the Act and general administrative law principles.
Overall the regulations are a subordinate instrument that implements policy set in the Act, imports an international technical standard (GS1) by reference, and cross-links with Commonwealth therapeutic goods law for specific exemptions. They situate the refund scheme within contract, administrative and penalty-unit frameworks that practitioners need to consult alongside the regulations themselves.
Amendment history
The instrument contains explicit amendment entries within the text, which should be tracked for practitioners needing the current operative wording.
Commencement substitution: Regulation 2 was substituted by S.R. 2025, No. 12, with that substitution applied on 16 April 2025. The substituted regulation ties commencement to the day on which section 10 of the Container Refund Scheme Act 2022 commences. The replacement of a commencement clause is a procedural amendment with practical effect on when the regulations take force in relation to the Act.
Exempt containers amendment: Regulation 4 includes amendment notes indicating changes made by S.R. 2025, No. 17, applied on 6 May 2025, affecting subparagraphs (d)(i) and (d)(ii) (the unflavoured animal and unflavoured plant-based milks) and subparagraph (i)(ii) where the text is truncated but marked as amended. These amendments modify the list of container classes that are prescribed as exempt containers under the definition of exempt container in s 3 of the Act. Practitioners should consult the consolidated text shown here and also verify the amending regulations for granular diffs.
Notification and administration: The regulations were notified in the Gazette on 27 December 2023 and are administered in the Department of Natural Resources and Environment Tasmania. The Gazette notice provides the original publication date; subsequent S.R. amendments have updated particular provisions.
Display and numbering: The regulations state they are displayed and numbered in accordance with the Rules Publication Act 1953, indicating compliance with statutory publication requirements.
No further amendment history (such as revoked provisions or multiple rounds of substitution) is recorded in the provided text. Practitioners should monitor the regulations’ instrument history, including S.R. instruments listed (S.R. 2025 No. 12 and S.R. 2025 No. 17), as the provided notes demonstrate active post-enactment amendment. The regulation text itself contains editorial ellipsis in one place (regulation 4(i)(ii) shows truncated material) so users should verify the full consolidated instrument as published in official online legislation resources to ensure complete and up-to-date provisions are read in context.
Litigation history
The regulations as provided do not name any cases and contain no recorded judicial decisions or litigation history. There are, however, built-in referral points to administrative-review processes in the Act, which are relevant for anticipating and assessing litigation risk.
Administrative decisions subject to review: Regulation 8(6)(c) requires the Secretary, when refusing to grant a transfer of a container approval, to notify the applicant that section 40 of the Act applies to the refusal. That specific cross-reference indicates an Act-level review or appeal mechanism exists for adverse administrative decisions. The regulations do not reproduce s 40, so readers must consult the Act to understand the precise scope, time limits and form of review that s 40 provides.
Potential review pathways: The regulations create discretionary decision points able to generate disputes amenable to administrative or judicial review. Examples include the Secretary’s decision to grant or refuse transfers of approvals (regulation 8(4)), the scheme coordinator’s decision to approve or refuse first-responsible-supplier agreements (regulation 11(3)), and the Secretary’s satisfaction test for MRFO landfill exceptions (regulation 13). While no reported litigated outcomes are supplied in the instrument, these are the most plausible triggers for merits or judicial review.
Contractual disputes and enforcement: Regulation 11 prescribes contractual arrangements that designate first responsible suppliers and require supply agreements with the scheme coordinator. Disagreements over compliance with the agreement, financial obligations, or the scheme coordinator’s approval decisions could result in contractual disputes. Any litigation on these points would be driven by the terms of the agreements and the Act’s enforcement framework.
Criminal or penalty prosecutions: The regulations specify penalties for non-compliance with requests of appointed auditors in the transitional arrangements (regulation 16(4)). While no prosecutions are recorded here, that provision is a possible trigger for enforcement action that could lead to litigation.
Because the regulations themselves do not identify any cases, practitioners seeking litigation precedent must consult the Act, associated administrative decisions made by the Secretary or scheme coordinator, and any judicial review decisions that arise from refusals or enforcement actions. The regulations’ references to specific Act sections (notably s 40) point to where statutory review rights lie; locating any cases therefore requires searching case law and administrative tribunal decisions interpreting those Act sections and the corresponding regulations.
Gotchas
Several operational and legal pitfalls arise from the regulations’ drafting and the practical choices they create.
Exemptions materially reshape packaging choices: Regulation 4 lists a set of exempt containers (for example glass refillables, <150 ml, >3 litres, certain milks and concentrates, cardboard containers with plastic lining for wine or water, plastic/foil wine containers of 250 ml or more, and some glass bottles containing alcohol). These exemptions are narrowly described and include conditional tests (such as labelling and therapeutic goods listings in regulation 4(e)). A manufacturer who assumes a commonly exempt category applies to their product without satisfying each element risks non-compliance and unexpected refund obligations. The amendment history to regulation 4 in 2025 shows these classes can change post-enactment.
Barcode uniqueness and GS1 compliance: Regulation 5 requires unique GTIN or product barcodes per class of approved container, and strict GS1 compliance for symbology, dimensions and placement. That creates an operational requirement to coordinate with GS1 barcode issuance and to ensure the barcode strategy maps to classes defined by beverage type and specific volume. Failure to allocate unique GTINs per class or to meet GS1 placement may render a container non-compliant for approval.
Labelling must be legible and include the 10c statement: Regulation 5(3) requires the 10c refund information to be displayed clearly and legibly. If packaging design or shrink-wrap obscures that statement, refund points may deny payment under regulation 10.
Agreement pre-approval and timing trap: Regulation 11 requires that agreements nominating first responsible suppliers be approved in writing by the scheme coordinator before they come into force. Parties who backdate agreements or put them into operation before formal written approval risk unintended assignment of responsibility to the default first supplier (regulation 11(5) and (6)). The requirement that the first responsible supplier must be employed or engaged in manufacturing, bottling or distribution can disqualify well-known supply-chain actors such as agents or mere resellers.
Financial-capacity discretion: The scheme coordinator may refuse to approve a first-responsible-supplier agreement where the nominated person is unlikely to meet financial obligations (regulation 11(3)(b)). The regulations do not specify the evidentiary standard or metrics for that assessment, generating commercial uncertainty and potential delay or negotiation costs.
Transfer refusal consequences: Regulation 8(7) states that if the Secretary refuses to grant a transfer of an approval, the approval is revoked unless otherwise specified. That creates a cliff risk: a transfer refusal can immediately extinguish an approval and its commercial consequences unless the Secretary provides otherwise in writing.
Deposit cap and substitution rules: The 1 500 container maximum per deposit (regulation 9) and the non-payability rule for substitution claims (regulation 10(2)) restrict bulk redemption business models and may create operational friction for community collections, charities and events that aggregate high volumes. Refund-point operators will be required to monitor counts and refuse payment when submissions exceed the cap or substitution is attempted.
MRFO landfill test: Regulation 13 permits landfill disposal only after Secretary satisfaction that containers are unsuitable to recycle due to unforeseen circumstances and that reasonable steps were taken. The regulation does not give a clear standard as to what evidence convinces the Secretary, creating evidentiary and timing risk for MRFOs faced with contaminated batches or sudden market disruption.
Transitional audit timing and cost allocation: Regulation 16(2) allows scheme coordinators to appoint auditors to conduct a count and requires a report within 10 days after regulation commencement. That is a tight timetable for large facilities and requires the scheme coordinator to pay reasonable costs, but also permits rejection of appointees with conflicts or insufficient skills (regulation 16(3)). Material recovery facility operators must comply with reasonable requests or face penalty units.
ID check scope and privacy: Regulation 14 permits refund point operators to require proof of identity where they reasonably believe someone is misrepresenting identity. Operators must balance fraud prevention with privacy obligations and customer service; the regulation gives no detailed guidance on acceptable documents or privacy safeguards, which may create operational and legal uncertainty.
Reliance on Ministerial guidelines: Several duties are tied to guidelines the Minister may publish (regulation 15) and to compliance with those guidelines for agreements and reporting (regulation 11(2)(d), regulation 12). Until guidelines are published, parties lack the full compliance blueprint and could face retrospective expectations once guidelines appear.
These “gotchas” represent practical friction points in labelling, contract timing, financial assessment, evidence thresholds and operational limits. Addressing them requires early planning on barcode allocation, contractual pre-approval, record-keeping, evidence preservation for MRFOs, and contingency plans for bulk collection activities.
How to comply
Below are concrete steps and checklists tailored to the principal participants named in the regulations. Each step cites the regulation that creates the requirement.
For manufacturers, bottlers and first suppliers
Classify packaging against regulation 4 exemptions before making a market decision. Confirm whether a container falls into an explicitly exempt class (for example, under 150 ml, over 3 litres, refillable glass with manufacturer refill claim, specified milks and concentrates, certain wine and water packaging) (regulation 4).
Register or procure GS1-compliant barcodes and ensure uniqueness at the class level (a class being a specific beverage at a specific volume), meeting GTIN or EAN/UPC symbology and dimensional requirements (regulation 5(1)-(2)). Coordinate with GS1 to obtain GTINs per class.
Design packaging to display the prescribed refund statement (the “10c refund at collection depots/points in participating State/Territory of purchase” text required by regulation 5(3)) in a clear and legible way that will remain visible at the point of redemption.
Prepare approval applications in the approved form for submission to the Secretary, including unique barcode details, external dimensions, beverage type, material details and lid/opening mechanism (regulation 7). Anticipate requests for further information from the Secretary (regulation 8(3)).
If assigning first responsible supplier status by contract, ensure agreements comply with regulation 11: be between the person who first supplies in the State and the nominated first responsible supplier; ensure the nominated supplier is engaged in manufacture/bottling/distribution; include commencement and cessation dates, container lists and the statement that the nominated supplier will have a supply agreement with the scheme coordinator (regulation 11(2)). Obtain written approval from the scheme coordinator before the agreement comes into force (regulation 11(1)(b)).
Maintain financial records and preparedness to demonstrate the nominated first responsible supplier’s ability to meet financial obligations given the scheme coordinator’s power to refuse on financial grounds (regulation 11(3)(b)).
For scheme coordinators and network operators
Embed reporting obligations into agreements as a condition of being a scheme coordinator or network operator and ensure reports are produced as specified in the agreement and consistent with Ministerial guidelines (regulation 12). Track deadlines and formats.
Review and approve first-responsible-supplier agreements before their commencement as required by regulation 11(1)(b). Establish clear criteria for assessing financial capacity to reduce disputes and delay.
Prepare to appoint auditors under regulation 16 for transitional counts and ensure appointees meet the skill and conflict-of-interest tests (regulation 16(3)). Budget to pay reasonable audit costs (regulation 16(2)) and design audit scopes capable of delivering reports within the 10-day window where required.
Maintain and update the approved container list when transfers are granted (regulation 8(5)(b)) and ensure notification procedures are in place under regulation 8(5)(a).
For material recovery facility operators (MRFOs)
Keep records demonstrating quality controls and reasonable steps taken to prevent contamination, including chain-of-custody logs, contamination incident reports, equipment maintenance records and correspondence with upstream suppliers. These will be necessary to seek Secretary satisfaction under regulation 13.
If needing to landfill refunded containers, compile contemporaneous evidence showing the circumstances were unforeseen, reasonable mitigation steps were taken, and why recycling the containers is impracticable or impossible (regulation 13). Seek Secretary engagement early.
Cooperate with appointed auditors under the transitional provisions and ensure staff are ready to provide access and information promptly. Non-compliance attracts penalties (regulation 16(4)).
For refund point operators
Implement counting procedures to enforce the 1 500 container deposit cap per person (regulation 9) and establish clear refund-denial protocols when deposits exceed the cap or substitution claims are attempted (regulation 10(2)).
Train staff to request proof of identity where there are reasonable grounds to suspect misrepresentation (regulation 14), and to manage privacy and data protection in accordance with relevant privacy laws while performing these checks.
Establish inspection protocols for contamination, breakage or missing parts and document reasons for refund refusal in accordance with regulation 10(1)(a)-(c).
Cross-cutting compliance tasks
Monitor Ministerial guidelines under regulation 15. Because multiple obligations and the form and content of agreements are tied to those guidelines, ensure legal and compliance teams review and update contracts and operational manuals when guidelines are issued or updated.
Maintain an internal compliance register linking container classes, GTIN allocations, approvals, transfers and reporting obligations to their relevant legislative references (regulations 4, 5, 7, 8, 11, 12).
For all parties: keep robust documentary evidence to defend administrative decisions. Decisions under regulations 8, 11 and 13 involve subjective tests (Secretary satisfaction, scheme coordinator financial assessment, reasonable steps taken) where contemporaneous evidence materially reduces the risk of adverse administrative outcomes and supports any review under s 40 of the Act referenced in regulation 8(6)(c).
Review insurance and contractual risk allocation for the new refund liabilities, particularly where first responsible supplier designation and transfer revocations may shift financial exposure.
Following these steps and mapping responsibilities to the precise regulation citations will reduce operational disruption. Parties should also maintain liaison with the scheme coordinator and seek written confirmations for approvals to avoid timing and approval-related pitfalls.
(iii) concentrated juice, whether fruit juice or vegetable juice or a combination of both, that is intended to be diluted before consumption;
(iv) concentrated cordial, or similar concentrate, that is intended to be diluted before consumption;
(e) containers that have held a beverage that –
(i) is included, as a tonic or supplement, on the Australian Register of Therapeutic Goods within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth; and
(ii) is supplied with a label, or accompanying document, that specifies –
(A) a recommended maximum dose for the beverage; and
(B) a statement that the beverage is for medicinal or therapeutic purposes;
(f) containers that have held one litre or more of –
(i) flavoured milk; or
(ii) flavoured plant-based milk substitutes; or
(iii) a beverage that is comprised of at least 90% fruit juice or vegetable juice, or a combination of both;
(g) containers that –
(i) are made of cardboard; and
(ii) have an interior lined with plastic or foil, or both; and
(iii) have held one litre or more of –
(A) wine; or
(B) a beverage that contains wine and has an alcohol by volume content of less than 10%; or
(C) water, including mineral water and spring water;
(h) containers that –
(i) are made of plastic or foil, or both; and
(ii) have held 250 millilitres or more of wine;
(i) containers that –
(i) are made of glass; and
(ii) are sold while containing only the following beverages:
(A) wine;
(B) [Regulation 4 Amended by S.R. 2025, No. 17, Applied:06 May 2025] . . . . . . . .
(C) an alcoholic beverage produced by distillation.
5 Prescribed marks for containers
5 Prescribed marks for containers
(1) In this regulation –
GS1 Standard means the GS1 General Specifications standard published, from time to time, by the not-for-profit international organization known as GS1 AISBL, registered in Belgium on 13 July 2012 with the Enterprise Number 419.640.608;
GTIN barcode means a product barcode that –
(a) contains a Global Trade Item Number (GTIN) encoding; and
(b) complies with the GS1 Standard.
(2) For the purposes of the definition of prescribed marks in section 3 of the Act, an approved container is required to display at least one of the following barcodes on the exterior of the container:
(a) a GTIN barcode that is unique to the class of approved containers, being a class of approved containers that contain a specific volume of a specific beverage, of which the approved container is a member;
(b) a product barcode that –
(i) is unique to the class of approved containers of which the approved container is a member; and
(ii) complies with the EAN/UPC symbology specifications for EAN-13, EAN-8, UPC-A or UPC-E barcodes, as set out in the GS1 Standard; and
(iii) complies with the dimensional specifications and symbol placement guidelines that apply to the class of data carriers to which the barcode belongs, as set out in the GS1 Standard; and
(iv) does not duplicate a GTIN barcode or another product barcode; and
(v) is not less than 8, but not more than 14, numbers in length.
(3) In addition to a barcode prescribed under subregulation (2) , for the purposes of the definition of prescribed marks in section 3 of the Act, an approved container is required to display the following information, on the exterior of the container, in a manner that is clear and legible:
| | 10c refund at collection depots/points in participating State/Territory of purchase |
6 Refund amount for containers
6 Refund amount for containers
For the purposes of section 7 of the Act, the refund amount prescribed for a single approved container is 10 cents.
7 Applications for approval of containers
7 Applications for approval of containers
For the purposes of section 12(1) of the Act, an application is made in the prescribed manner if –
(a) the application is made to the Secretary in an approved form; and
(b) the application contains information on each of the following:
(i) details of the unique barcode for the container;
(ii) the physical external dimensions of the container;
(iii) the type of beverage for which the container is, or is to be, used;
(iv) details of each material used in the container and each colour of those materials, if relevant;
(v) the lid and opening mechanism of the container;
(vi) any other information specified on the application as being required.
8 Applications to transfer container approvals
8 Applications to transfer container approvals
(1) If a person who holds the approval of an eligible container, under section 12 of the Act, ceases to be the first responsible supplier for the container, the person may apply to the Secretary for the approval, of the container, to be transferred to a person specified in the application.
(2) An application under subregulation (1) must be –
(a) in an approved form; and
(b) signed by –
(i) the person who holds the approval to be transferred; and
(ii) the person who will hold the approval if the transfer is granted.
(3) After receiving an application under subregulation (1) , the Secretary may request further information from the applicant before making a decision on the application.
(4) After receiving an application under subregulation (1) in respect of the transfer of the approval of a container, the Secretary may –
(a) grant the transfer of the approval; or
(b) refuse to grant the transfer of the approval.
(5) If the Secretary grants the transfer of the approval of a container under subregulation (4) –
(a) the Secretary must notify the applicant for the transfer and the person to whom the approval is to be transferred –
(i) that the transfer has been granted; and
(ii) the date on which the transfer takes effect; and
(iii) the conditions that apply to the approval to which the transfer relates; and
(b) if necessary, the Secretary must ensure that the list of approved containers, kept under section 12(3) of the Act, is updated to correctly reflect the information relating to the container.
(6) If the Secretary refuses to grant the transfer of the approval of a container under subregulation (4) , the Secretary must notify, in writing, the applicant for the transfer and the person to whom the approval was proposed to be transferred –
(a) that the Secretary has refused to grant the transfer; and
(b) the reasons for the refusal; and
(c) that section 40 of the Act applies to the refusal to grant the transfer.
(7) If the Secretary refuses to grant the transfer of the approval of a container, the approval for that container is revoked unless otherwise specified by the Secretary in the written notification given under subregulation (6) in respect of the refusal.
9 Prescribed maximum amount of containers
9 Prescribed maximum amount of containers
For the purposes of section 30(1)(b)(i) of the Act, the prescribed maximum amount of containers, to be deposited by one person at a single time, is 1 500 containers.
10 Refunds not payable for containers in certain circumstances
10 Refunds not payable for containers in certain circumstances
(1) For the purposes of section 31(1)(f) of the Act, a refund amount is not payable in respect of an approved container if –
(a) the container has held, or is or has been wholly or partially covered in, a substance that has the potential to cause harm to persons, property or the environment because of one or more of the following:
(i) the chemical properties of the substance;
(ii) the physical properties of the substance;
(iii) the biological properties of the substance; or
(b) the container is broken; or
(c) the container is missing a part of the container that is not intended, by its manufacturer, to be removed from the container.
(2) For the purposes of section 31(1)(f) of the Act, a refund amount is not payable in respect of an approved container at a container refund point if the person depositing the container –
(a) is depositing a number of approved containers, that includes the container, in an amount that exceeds the maximum amount of containers prescribed under regulation 9 ; and
(b) intends to claim an amount, in substitution of the refund amount, that is not calculated on the specific number of approved containers deposited.
Part 3 Scheme Participants
Part 3 Scheme Participants
11 First responsible supplier
11 First responsible supplier
(1) For the purposes of section 5(1)(b) of the Act, persons specified in agreements as the first responsible supplier for a container are a class of persons prescribed as the first responsible suppliers in respect of the containers if –
(a) the agreement complies with this regulation; and
(b) the agreement has been approved, in writing, by the scheme coordinator before the agreement comes into force.
(2) An agreement referred to in subregulation (1) complies with this regulation in respect of an eligible container if –
(a) the agreement is only between –
(i) the person who first supplies, or is intending to first supply, the container in the State; and
(ii) the person specified in the agreement as the first responsible supplier for the container; and
(b) the person specified in the agreement as the first responsible supplier for the container is also employed, or engaged, in relation to the manufacturing, bottling or distribution of the container; and
(c) the agreement specifies –
(i) the date on which the agreement is to come into force, being a date that is after the approval of the agreement by the scheme coordinator as required under subregulation (1)(b) ; and
(ii) each eligible container to which the agreement relates; and
(iii) the date on which the agreement ceases to have effect, if the agreement is not sooner terminated; and
(d) the agreement complies with any relevant guidelines published by the Minister under regulation 15 in respect of the form and content of such an agreement; and
(e) the agreement includes a statement that the person specified in the agreement as the first responsible supplier for an eligible container understands and agrees that, on the date on which the agreement comes into force, the person –
(i) is the first responsible supplier under the Act for the container while the agreement is in force; and
(ii) must have in place a supply agreement, with the scheme coordinator, in respect of the container.
(3) The scheme coordinator may refuse to approve an agreement referred to in subregulation (1) if the scheme coordinator is satisfied, on reasonable grounds, that –
(a) the agreement does not meet the requirements of subregulation (2) ; or
(b) the person specified in the agreement as the first responsible supplier is unlikely to meet the financial obligations required as first responsible supplier.
(4) As soon as is practicable after an agreement that meets the requirements of this regulation has come into force, the person specified in the agreement as the first responsible supplier for an eligible container is to provide a copy of the agreement, that is signed by all the parties to the agreement, to the scheme coordinator.
(5) For the avoidance of doubt, the person specified in the agreement under this regulation as the first responsible supplier for an eligible container is taken, on the date on which the agreement comes into force, to be the first responsible supplier under the Act for the container.
(6) For the avoidance of doubt, a person who first supplies an eligible container in the S
This is an opening excerpt, not the complete document.