16Transitional 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.