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.