93Application

93 Application

(1) Subject to subregulation (2), this Part applies to a brand owner so far as the brand owner is operating in Victoria.

(2) This Part does not apply to the following brand owners—

(a) a brand owner who is a signatory to the Australian Packaging Covenant and who is complying with the obligations of the Covenant;

(b) a brand owner who is a signatory to, and is complying with, any other arrangement which the Authority is satisfied produces equivalent outcomes to those achieved by the Australian Packaging Covenant;

(c) a brand owner who has an annual turnover in Australia of not more than $5 million.

The Australian Packaging Covenant establishes monitoring, disciplinary and dispute resolution procedures to identify non-complying signatories and to refer non-complying signatories to jurisdictions. In particular, section 10 and Schedule 5 to the Australian Packaging Covenant set out the mechanisms for ensuring compliance with the Covenant.

(3) For the purposes of subregulation (2), a brand owner is taken not to be complying with the Australian Packaging Covenant if—

(a) the brand owner is a signatory to the Covenant; and

(b) the Authority has been notified by APCO that the brand owner no longer has the benefit of being a signatory to the Covenant; and

(c) since receiving that notification, the Authority has not received advice from APCO to the effect that APCO is satisfied that the brand owner is a compliant signatory.