Sch 1Agreements for coordinator arrangement

Schedule 1 Agreements for coordinator arrangement provisions section 12(3) 1 Definitions accepted containers means empty permitted containers that: (a) are the subject of a primary coordinator's supplier arrangements; and (b) have been accepted by a secondary coordinator from an operator of an approved collection depot. market share, of a CDS coordinator, means the coordinator's share of the total number of all permitted containers sold in the Territory during a quarter calculated by reference to the numbers stated in all of the sales declarations for that quarter. primary coordinator, in relation to permitted containers, means a CDS coordinator who is a party to a supplier arrangement relating to those containers. sales declaration means a statutory declaration given under an agreement mentioned in clause 2. secondary coordinator, in relation to permitted containers, means a CDS coordinator who: (a) accepts the containers, when empty, from an operator with whom the coordinator has a operator arrangement; and (b) is not a party to the supplier arrangement relating to those containers. 2 Quarterly sales declaration (1) An agreement that each CDS coordinator must give to each other coordinator, in each quarter, a statutory declaration stating the following: (a) the total number of permitted containers, by reference to material types, anticipated to be sold in the Territory during the current quarter; (b) the total number of permitted containers, by reference to material types, actually sold in the Territory during the previous quarter; Environment Protection (Beverage Containers and Plastic Bags) Act 2011 74 (c) an adjustment of the numbers of permitted containers for the previous quarter, taking into account the difference between: (i) the number anticipated to be sold during that quarter as stated in the previous statutory declaration; and (ii) the number actually sold during that quarter as stated for paragraph (b). (2) The agreement must require the statutory declaration to be given by a CDS coordinator within 7 days after the day on which the coordinator has been given all of the supplier sales documents for the previous quarter. (3) For subclause (1)(a), the total number of permitted containers anticipated to be sold during the current quarter, by material type, is to be stated as the total number of those containers actually sold by the CDS supplier in the previous quarter. (4) For subclause (1)(b), the total number of permitted containers actually sold during the previous quarter is as specified in all of the supplier sales documents for that quarter. Notes for clause 2 1 All of the statutory declarations for a quarter show the total sales in the Territory of permitted containers by reference to material types. 2 The numbers of permitted containers stated by a CDS coordinator in the coordinator's statutory declaration indicate the market share of the coordinator relevant to the calculations mentioned in clauses 6, 7 and 8. 3 Sorting empty permitted containers An agreement that each coordinator must specify in each operator arrangement the material types (including categories of material types), into which empty permitted containers must be sorted by the operator. 4 Weighing and counting accepted containers (1) An agreement about the method to be used by a secondary coordinator for the following: (a) weighing accepted containers; (b) counting accepted containers; (c) recording the weight or numbers of the accepted containers. Environment Protection (Beverage Containers and Plastic Bags) Act 2011 75 (2) The agreement must require the secondary coordinator to weigh or count the accepted containers in the material types into which they are sorted when accepted. 5 Operator costs and process fee (1) An agreement that a primary coordinator must pay an amount to a secondary coordinator in relation to: (a) operator costs; and (b) a process fee. (2) For subclause (1)(a), operator costs are: (a) the refund amounts paid by the secondary coordinator to an operator for accepted containers; and (b) the amount paid by the secondary coordinator to the operator for the collection, sorting, aggregation and delivery of the accepted containers by the operator. (3) For subclause (1)(b), the process fee is the fee for the secondary coordinator carrying out the processes necessary to prepare accepted containers for transportation to a person or place for reuse, recycling or appropriate disposal. (4) The agreement must: (a) require the secondary coordinator to keep: (i) a record of the number of accepted containers by reference to each material type; and (ii) documents to verify the method used for counting the containers; and (b) specify the basis on which the process fee is payable (for example, the payment of a specified amount for each accepted container dealt with by the secondary coordinator). (5) The agreement must require the secondary coordinator to calculate the amount payable by the primary coordinator in relation to accepted containers using: (a) a method of calculation specified in the agreement; or (b) the following formula: A = B x (C + D) Environment Protection (Beverage Containers and Plastic Bags) Act 2011 76 where: A is the amount claimed. B is the market share of the primary coordinator in relation to the containers based on the most recent sales declarations. C is the operator costs in relation to the containers. D is the process fee in relation to the containers. (6) The agreement must require: (a) the secondary coordinator to give the primary coordinator a written claim for payment accompanied by copies of documents that provide evidence of the calculation of the amount claimed; and (b) the primary coordinator to pay the secondary coordinator the amount payable within the time specified in the agreement, which must not exceed 14 days after receipt of the claim. 6 Transportation costs and proceeds of sale (1) An agreement that, for the transportation by a secondary coordinator of accepted containers to a person or place for reuse, recycling or appropriate disposal and for the sale of the containers: (a) the primary coordinator must pay an amount to the secondary coordinator if the transportation costs exceed the proceeds of the sale; or (b) the secondary coordinator must pay an amount to the primary coordinator if the proceeds of the sale exceed the transportation costs. (2) The agreement must require the secondary coordinator to calculate the amount payable by the primary coordinator or secondary coordinator, in relation to the accepted containers, using: (a) a method of calculation specified in the agreement; or (b) the following formula: A = B x (C – D) where: A is the amount payable. Environment Protection (Beverage Containers and Plastic Bags) Act 2011 77 B is the market share of the primary coordinator in relation to the containers based on the most recent sales declarations. C is the cost of transportation of the containers. D is the amount received by the secondary coordinator from the proceeds of the sale of the containers following transportation. (3) The agreement must require: (a) the secondary coordinator to give the primary coordinator a written statement of the amount payable accompanied by copies of documents that provide evidence of the calculation of the amount; and (b) the coordinator who is liable to pay the amount to do so within the time specified in the agreement, which must not exceed 14 days after the day on which the statement is given by the secondary coordinator. 7 Revision of claims for payment (1) An agreement that a secondary coordinator must revise a claim made under clause 5 or 6 if the primary coordinator's market share, as calculated, requires revision because of an adjustment of the numbers of accepted containers stated in subsequent sales declarations. (2) The agreement must require the secondary coordinator to give the primary coordinator a written statement showing the revision, and how it is calculated, and specify that: (b) if the primary coordinator is liable to pay an additional amount to the secondary coordinator, the amount must be paid within the time specified in the agreement, which must not exceed 14 days after receipt of the statement; and (c) if the secondary coordinator is liable to refund an amount to the primary coordinator because of an overpayment, the amount must be refunded within the time specified in the agreement, which must not exceed 14 days after the statement is given. 8 Audits (1) An agreement that one auditor, named in the agreement, must be appointed by the CDS coordinators to: (a) conduct an audit of each coordinator's relevant information for a financial year; and Environment Protection (Beverage Containers and Plastic Bags) Act 2011 78 (b) give each coordinator a written report in relation to all of that information. (2) The agreement must specify: (a) the time within which the auditor must conduct the audit and give the report; and (b) how the CDS coordinators will pay the auditor's costs. (3) An agreement that if, at any time, a CDS coordinator believes on reasonable grounds that any of the relevant information given by another coordinator is inaccurate: (a) the coordinator may request the auditor named in the agreement mentioned in subclause (1) to audit the relevant information and give the coordinator a written report in relation to the information; and (b) if the auditor's report states that the relevant information is inaccurate, the coordinator who gave that information must pay the auditor's costs; and (c) if the auditor's report states that the relevant information is accurate, the coordinator who requested the audit must pay the auditor's costs. (4) The agreement under subclause (3) must specify that: (a) if inaccurate information is found by the auditor, and a primary coordinator has paid a secondary coordinator more than the coordinator was entitled to be paid, the secondary coordinator must refund the relevant amount to the primary coordinator within 28 days after receiving the auditor's report; and (b) if inaccurate information is found by the auditor, and a primary coordinator has paid a secondary coordinator less than the coordinator was entitled to be paid, the primary coordinator must pay the relevant amount to the secondary coordinator within 28 days after receiving the auditor's report. (5) In this clause: auditor means a person who has the necessary formal qualifications to audit relevant information and is not a CDS participant or an employee of a CDS participant. relevant information means financial and other information that is relevant to the matters that are the subject of a coordinator agreement. Environment Protection (Beverage Containers and Plastic Bags) Act 2011 79