84Application of this Part

#### 84 Application of this Part 84 Application of this Part (cf clause 46I of 2005 Reg) > > (1) This Part applies to a person who is— > > > > > (a) a brand owner of consumer products, or > > > > > (b) a retailer who provides plastic bags to consumers for transporting consumer products from the retailer. > > > (2) This Part does not apply to a person if— > > > > > (a) the person is a signatory to (and complying with)— > > > > > > > (i) the Australian Packaging Covenant (or any arrangement that replaces the Australian Packaging Covenant), or > > > > > > > (ii) any other arrangement approved by the EPA (by order published in the Gazette) that the EPA is satisfied will produce equivalent outcomes to the Australian Packaging Covenant, or > > > > > (b) the person has a gross annual income in Australia of less than $5 million. > > > (3) For the purposes of this clause, a person is taken not to be complying with the Australian Packaging Covenant if— > > > > > (a) the person is a signatory to the Covenant, and > > > > > (b) the EPA has been notified by the Australian Packaging Covenant Council (the Covenant Council) that the person no longer has the benefit of being a signatory to the Covenant, and > > > > > (c) since receiving that notification, the EPA has not received advice from the Covenant Council to the effect that the Covenant Council is satisfied that the person is a compliant signatory.