Part 4Beverage containers

Part 4—Beverage containers 40—Beverage (section 65) The following liquids are excluded from the ambit of the definition of beverage in section 65 of the Act: (a) concentrated fruit or vegetable juice, or concentrated fruit and vegetable juice, intended to be diluted before consumption; (b) a health tonic that is— (i) included on the Australian Register of Therapeutic Goods under the Therapeutic Goods Act 1989 of the Commonwealth; and (ii) supplied with a label or other accompanying document specifying— (A) that the tonic is for medicinal purposes; and (B) a recommended maximum dosage; and (c) a cordial comprised of a concentrated syrup that— (i) contains the following ingredients (whether or not it also contains other ingredients): (A) water; (B) a sweetener (whether natural or artificial); (C) colouring or flavouring, or both (whether natural or artificial); and (ii) is intended to be diluted before consumption. 41—Collection depot (section 65) For the purposes of the definition of collection depot in section 65 of the Act, a reverse vending machine is a facility of a prescribed kind. 42—Refund amount (section 65) For the purposes of the definition of refund amount in section 65 of the Act, the following refund amounts are prescribed: (a) for category A containers—$0.10; (b) for category B containers—$0.10. 43—Exemption of certain containers by regulation (section 67) (1) Pursuant to section 67 of the Act, the following classes of containers are exempt from the application of Part 8 Division 2 of the Act: (a) containers used for the purpose of containing milk or milk substitute (other than flavoured milk or flavoured milk substitute); (b) containers used for the purpose of containing 1 litre or more of flavoured milk or flavoured milk substitute; (c) containers used for the purpose of containing 1 litre or more of pure juice (comprising at least 90% fruit juice or vegetable juice or a mixture of fruit and vegetable juices); (d) containers used for the purpose of containing more than 3 litres of beverage; (e) containers constructed of cardboard and plastic, cardboard and foil, or cardboard, plastic and foil (commonly known as casks or aseptic packs) used for the purpose of containing 1 litre or more of wine, wine‑based beverage or water (including mineral or spring water); (f) containers constructed of plastic or foil or plastic and foil (commonly known as sachets) used for the purpose of containing 250 millilitres or more of wine. flavoured milk means milk to which flavouring has been added; flavoured milk substitute means milk substitute to which flavouring has been added and which is marketed as a flavoured product; milk means cow's milk or the milk of any other animal and, without limiting that meaning, includes milk that is 1 or more of the following: (a) ultra heat treated or reconstituted milk; (b) reduced fat milk; (c) milk with added protein, milk fat, calcium, vitamins, minerals or other supplements; milk substitute means a liquid substitute for milk derived from a plant or part of a plant and, without limiting that meaning, includes milk substitute that is 1 or more of the following: (a) ultra heat treated or reconstituted milk substitute; (b) reduced fat milk substitute; (c) milk substitute with added protein, fat, calcium, vitamins, minerals or other supplements; wine-based beverage means a pre‑mixed beverage that contains— (a) wine and another beverage that is not a grape product; and (b) less than 10% alcohol by volume at 20° Celsius. 44—Annual returns for collection depots and super collectors (section 69A) (1) For the purposes of section 69A(1) of the Act, the date before which the holder of an approval to operate a collection depot or carry on business as a super collector must lodge an annual return with the Authority, or pay the annual fee to the Authority, is, unless some other date is fixed by the Authority by condition of the approval, 30 September in each year. (2) For the purposes of section 69A(2) of the Act, the penalty for failure to lodge an annual return or pay the annual fee is $300 or 5% of the annual fee (whichever is higher) for each month (or part of a month) for which the default continues. If there has been a failure to lodge an annual return and pay the annual fee, the penalty for default is payable in respect of each failure. 45—Offence to claim refund on beverage containers purchased outside State or corresponding jurisdiction (section 69C) For the purposes of section 69C(2) of the Act, a declaration to be completed by a person presenting containers must include the following: (a) the full name and address of the person; (b) proof of identity of the person in the form of— (i) the person's driver's licence number; or (ii) if the person is unable to produce the person's driver's licence—a passport, credit or debit card, concession card, gas, electricity or telephone account or similar document or card that has been issued to the person; (c) if the person has delivered the containers by vehicle—the registration number of the vehicle and the State or Territory of registration; (d) the signature of the person. 46—Certain containers prohibited (section 72) For the purposes of paragraph (b) of the definition of prohibited container in section 72(1) of the Act, a sealed glass container (commonly known as a plasti‑shield container) that— (a) is designed to contain more than 500 millilitres of beverage; and (b) is not designed to be refilled; and (c) is covered on the outside with a plastic sheath or coating, is a sealed glass container of a prescribed kind.