Waste Avoidance and Resource Recovery Act 2007

The Act defines its core technical and legal vocabulary and then builds duties and powers around those definitions. Key concepts (with the statutory location) are:

• waste: a broad definition covering matter discharged into the environment, fluid or solid, and any class prescribed by regulation (s 3). The definition ties the Act to the EP Act where terms overlap (s 3(2)).
• waste service and waste facility: these are functional concepts that cover collection, transport, storage, treatment, processing, recycling and disposal, and the provision or management of receptacles and machinery (s 3). The broad functional scope makes many activities fall within the Act’s remit.
• Waste Authority: the statutory board established by s 8, with functions listed in Schedule 2 (s 19(1); Schedule 2). Schedule 2 sets advisory, strategy, monitoring and grant administration roles, including developing and promoting a waste strategy and overseeing application of WARR Account funds.
• CEO: the chief executive officer of the department principally assisting administration of the Act, who has enforcement, inspection and information powers (defined s 3; see ss 34, 41, 47ZK, 82).
• WARR Account: the Waste Avoidance and Resource Recovery Account is an agency special purpose account administered by the Waste Authority and funded in large part from the landfill levy; its application is constrained by the business plan and Ministerial direction (ss 79-80).
• product stewardship plan and extended producer responsibility scheme: a voluntary product stewardship plan can be registered by the CEO (s 45); extended producer responsibility schemes are regulatory schemes implemented by regulation and are subject to specific procedural checks, including the Minister considering whether an approved product stewardship plan or a national scheme is adequate (s 46). The Act distinguishes voluntary plans from compulsory schemes.
• first responsible supplier: the primary legal target in the container deposit scheme; normally the person who first supplies the beverage product in the State, subject to regulatory rules that may reassign that status (s 47D).
• container, container approval, refund mark and refund amount: containers are defined and then require a container approval to participate in the scheme, must bear a refund mark and barcode, and are linked to a refund amount that the regulations may prescribe (ss 47C; 47F; 47J).
• Coordinator, eligible company, Scheme Account: the scheme is administered by a Coordinator company appointed by the Minister; the Act prescribes the required board composition, eligibility and governance arrangements for an eligible company and requires a dedicated Scheme Account to be established and maintained under an approved governance plan (ss 47V; 47X; 47ZM; 47ZN).
• scheme agreements: the container deposit scheme operates through enforceable agreements: supply agreements, export rebate agreements, refund point agreements and material recovery agreements (s 47C; 47O-47R). Regulations may prescribe their content and conditions (s 47S).
• prohibited manner: the Act defines prohibited manners of disposal for returned or collected containers to prevent disposal to landfill or in ways that defeat recycling (s 47C; 47M).

Several cross‑cutting legal tools are essential: Ministerial directions to the Waste Authority and to the Coordinator (ss 21; 47ZP); the CEO’s rights to obtain information and to require reports (ss 22; 47ZK; 47ZZC); civil penalty machinery that the regulations can further define (s 47ZZ); and explicit authorisation under competition law for certain scheme activities (s 47ZZG). The Act also expressly interfaces with corporations law where necessary, by declaring certain provisions to be Corporations Act displacement provisions (s 47ZZH).

These concepts together create a hybrid governance model: statutory policy and funds under the Waste Authority and Minister; a private company operating as Coordinator under statutory appointment and oversight; contractual obligations that implement the economic flows; and regulatory backstops enforced by the CEO, authorised persons and courts.

The Act’s architecture allocates duties and rights across a set of distinct actors. The principal affected parties and what the Act makes them do or face are:

• first responsible suppliers of beverage products: defined in s 47D. They are the primary payers and regulatory targets under the container deposit scheme. On the appointed day they must ensure a supply agreement with the Coordinator is in force, ensure a relevant container approval is in force, and ensure containers bear an approved refund mark and barcode (s 47E). Failure attracts a specified fine (s 47E(2)) and evidentiary presumptions are applied in proceedings (s 47E(3)).
• Coordinator company and its board: the Minister appoints an eligible company as Coordinator (ss 47X; 47V). The Coordinator administers the scheme, enters scheme agreements, manages the Scheme Account and maintains databases (ss 47Z; 47ZA; 47ZM; 47ZN). The Coordinator is subject to Ministerial directions, CEO access to information, performance targets by regulation and audit and reporting obligations (ss 47ZP; 47ZK; 47ZD; 47ZI; 47ZZE).
• refund point operators: persons operating refund points must have refund point agreements with the Coordinator to act as operators (s 47I). Regulations may prescribe eligibility criteria (s 47I(2)); payments and conditions are governed by contract and civil penalty rules (s 47Q).
• material recovery facility (MRF) operators: MRF operators that collect or receive scheme containers may enter material recovery agreements for payments from the Coordinator (s 47R). They are also prohibited from disposing collected or returned containers in a prohibited manner (s 47M(4)).
• exporters: exporters of beverage products may enter export rebate agreements with the Coordinator if the regulations permit credits or payments for exported containers; exports are defined in s 47P(2) and an exporter’s claims are subject to eligibility rules (s 47P).
• local governments: retain statutory responsibilities for waste services and may be directed by the CEO to provide particular services for health or environmental protection (s 50). Local governments can include waste plans in their plan for the future, must comply with CEO notices to modify waste plans, and may be required to provide information and submit to performance evaluations (ss 40-44; 53). Local governments also interact commercially through waste collection rates, receptacle charges and local laws (ss 61; 66-68).
• producers and product manufacturers generally: may submit product stewardship plans for registration by the CEO (s 45). Extended producer responsibility schemes can be implemented by regulations but after procedural checks, including the Minister considering whether an approved product stewardship plan or national scheme exists (s 46).
• the Minister and the Waste Authority: the Minister directs policy, approves or refuses the waste strategy and holds powers to direct and to amend the Coordinator’s appointment; the Waste Authority prepares the waste strategy, business plans and administers WARR funds (ss 21; 31; 47ZP; 79-80; Schedule 2).
• the CEO, inspectors and authorised persons: the CEO has broad powers to require reports on waste strategy compliance, to request and obtain information, to access Coordinator databases, to direct audits and to institute prosecutions (ss 34; 22; 47ZK; 85; 86; 82). Inspectors appointed under the EP Act exercise inspection powers under this Act (s 83).
• businesses in the waste and beverage industries: supply agreements, container approvals, refund marks and the risk of civil and criminal penalties create compliance burdens for suppliers, distributors, transporters and operators of waste facilities. The Act also creates opportunities for entities to be paid by the Coordinator for operating refund points or for processing containers (ss 47Q; 47R).
• members of the public and community organisations: the Act expressly contemplates social enterprise and community benefits via participation in the container deposit scheme (s 47A(d)), and provides for public consultation on waste strategies, business plans and extended producer responsibility priority statements with minimum notice and submission periods (ss 27-31; 36(1)(f); 47(1)).

The Act therefore redistributes regulatory costs and administrative duties from a general, often localised regulatory system to a targeted mix of contractual obligations, compliance processes and administrative oversight. Who ultimately bears the economic cost depends on market arrangements and how supply agreements allocate payment obligations, but the Act places primary legal liability on first responsible suppliers and scheme participants to fund refund amounts and scheme operations (s 47O).

This section maps principal statutory duties and express rights to the sections that create them.

Duties and rights of the Waste Authority and Minister

• Waste Authority duties: prepare and review the state waste strategy (ss 24-33), prepare an annual draft business plan for Ministerial approval (ss 35-39), publish priority statements on extended producer responsibility (s 47(1)), and administer WARR Account funds consistent with business plans (ss 36; 79-80; Schedule 2).
• Ministerial powers and rights: give written directions to the Waste Authority that the Waste Authority must give effect to (s 21); approve or refuse the waste strategy (s 31); give written directions to the Coordinator and amend or revoke conditions on the Coordinator’s appointment (ss 47ZP; 47ZQ).

CEO powers and duties

• information and oversight: the Minister and CEO have statutory rights to obtain information from the Waste Authority and Coordinator (ss 22; 47ZK).
• compliance monitoring: the CEO may request reports on compliance with the waste strategy (s 34), require local governments to include waste plans in their plan for the future and to modify waste plans (ss 40; 41), direct audits and approve auditors (s 85), and has enforcement administration powers including instituting prosecutions (ss 82; 85; 86).

Obligations under the container deposit scheme

• first responsible suppliers: must have a supply agreement in force with the Coordinator when a beverage product is first supplied in the State, ensure container approvals apply and ensure containers bear the refund mark and barcode (s 47E). Failure attracts a monetary penalty (s 47E(2)).
• supply agreements: the Coordinator may require supply agreements to include payment of supply amounts to cover refund amounts, MRF payments and administration costs (s 47O). Where a supply agreement requires payment, the person must pay in accordance with the terms and the Act, with civil penalties for contravention (s 47O(2)-(3)).
• container approvals: applicants may apply to the CEO for container approvals; the CEO may grant approvals subject to conditions and the first responsible supplier must not breach the approval conditions (s 47F).
• refund point operators and MRF operators: must operate under agreements with the Coordinator (ss 47I; 47Q; 47R), comply with eligibility and operational conditions in regulations, and must not dispose of collected or returned containers in a prohibited manner (s 47M).
• Coordinator duties: administer and govern the scheme, enter and manage scheme agreements, establish the Scheme Account with an approved governance plan, ensure arrangements for returning and processing containers, determine amounts payable under the scheme and carry out public awareness and reporting obligations (ss 47Z; 47ZM; 47ZN; 47ZE; 47ZI).

WARR Account duties

• the Minister directs an amount of levy revenue to be credited to the WARR Account each year; moneys in the WARR Account are to be applied consistent with the business plan and may be paid to entities on agreed terms (ss 79-80). Entities receiving funds must comply with performance evaluations and audit requirements, and failure to do so is an offence (s 80(4)).

Local government obligations

• local governments must perform waste management functions in accordance with their waste plan and may be required by the CEO to include a waste plan in their plan for the future (ss 40; 43). They must provide reports when required (s 44), comply with CEO notices (s 41) and may be directed to provide services for public health or environmental protection (s 50).

Enforcement rights and procedures

• information and audit: authorised persons and inspectors may require answers, documents and inspect premises; the CEO can direct audits and approve auditors (ss 82-85). The CEO controls institution of proceedings; prosecutions must be brought by the CEO or an authorised person (s 86).
• review rights: affected persons have rights to apply to the State Administrative Tribunal in numerous contexts, including reviews of CEO notices on waste plans, container approval decisions, appointment and directions to the Coordinator and certain CEO directions under s 85(7) and other provisions specified in the Act (see ss 41(5); 42(4); 56(5); 59(3); 47H; 47ZW).

Recordkeeping and disclosure duties

• the Act requires recordkeeping, verification by statutory declaration where prescribed, and allows publication of prescribed information by regulation, with mechanisms protecting confidentiality in certain contexts but penalising improper disclosure (ss 47G; 47ZZC; 47ZZD; 91).

This structure creates layered compliance obligations that connect contract law, administrative oversight and criminal/civil enforcement. Parties should map contract terms and regulatory obligations to these statutory duties to understand obligations and remedies.

The Act provides a mixture of criminal fines, civil penalty regimes, daily penalties for continuing breaches and powers of information, inspection and audit to enforce compliance. Key penalties and enforcement routes are:

Specified criminal fines and daily penalties (Part 5A examples and others)

• supply without required agreements and marks: first responsible suppliers who fail to have a supply agreement, container approval or required refund mark and barcode at first supply commit an offence with a fine of $75 000 (s 47E(2)). The provision is listed among offences to which EP Act enforcement provisions apply (s 93 Table).
• refund point operator without agreement: operating as a refund point operator without a refund point agreement is an offence with a fine of $75 000 (s 47I(1)).
• prohibited disposal of collected or returned containers: Coordinator disposing of, or allowing disposal of, collected or returned containers in a prohibited manner carries a $250 000 fine (s 47M(3)); MRF operators and other persons face fines of $50 000 for similar conduct (ss 47M(4)-(5)).
• container approval conditions: first responsible suppliers contravening container approval conditions face a $10 000 fine (s 47F(4)).
• false or misleading information: a person must not provide false or misleading material in connection with container approvals, claims for payment under scheme agreements or compliance documents; the penalty is $50 000 (s 47ZZF).
• CEO information powers: failure to comply with a CEO or authorised person’s requirement for information or material under s 82 (or s 47ZZC for scheme matters) attracts a $20 000 fine and is an offence under the relevant provisions.

Civil penalties and regulatory enforcement

• civil penalty framework: s 47ZZ defines what is a civil penalty provision and confers regulation‑making power to specify regulation provisions as civil penalty provisions, with maximum prescribed amounts up to $25 000 for contraventions of those regulations (s 47ZZ(2)(b)). Several scheme provisions are labelled civil penalties in the Act itself, such as supply agreement non‑payment (civil penalty $50 000 in s 47O(2)) and other scheme‑related claims (s 47P(4); 47Q(2); 47R(3)).
• Ministerial directions and compliance: the Minister may give directions to the Coordinator under s 47ZP; failure to comply carries a civil penalty stated in s 47ZP (civil penalty $125 000).
• administrative remedies: the Minister may amend or revoke appointment conditions, appoint an administrator or revoke the Coordinator’s appointment if the Coordinator contravenes Part 5A or regulations (s 47ZQ). An administrator has broad powers to control Coordinator affairs during appointment (s 47ZR).

Investigation, inspection and audit powers

• authorised persons and inspectors: defined powers allow entry, inspection, seizure of samples and documents and to require persons to answer questions and operate equipment (s 83(3)-(5)). Non‑compliance with inspector requirements attracts criminal penalties (s 83(6)).
• audit directions: the CEO can direct a person involved in control or management of premises to engage and pay an approved auditor to conduct an audit on specified matters; refusal is an offence with a fine of $25 000 (s 85).
• delegated prosecution and time limits: prosecutions under the Act may only be instituted by the CEO or by a person authorised in writing by the CEO (s 86). Prosecutions have a 2 year limitation period, subject to extension where evidence came to the attention of an authorised person on a specified day (s 87).

Enforcement in practice and supplementary measures

• daily penalties: where an offence continues, daily penalties may be imposed for each day the non‑compliance continues after written notice by the CEO or after conviction, subject to the daily penalty limits specified for the offence (s 88).
• EP Act enforcement cross‑reference: several enforcement-related EP Act provisions are applied to this Act, bringing additional court powers and sentencing regimes into play for nominated offences (s 93).
• information and disclosure: CEO and Minister can require or publish prescribed information under regulations; disclosure under the Act is treated as authorised for the purposes of EP Act confidentiality provisions (s 47ZZD).
• civil enforcement and recovery: levy recovery and penalties are recoverable as debts to the Minister and also subject to penalties for evasion (ss 73; 76-78).

Who prosecutes and oversight

• the CEO controls prosecutions (s 86), and the Act provides for State Administrative Tribunal review rights in many administrative contexts (see ss 41(5); 42(4); 56(5); 59(3); 47H; 47ZW). The CEO can conduct audits, require information and seek Ministerial direction to ensure implementation. The Act therefore centralises enforcement decision‑making in the CEO while preserving external merits review avenues for affected parties.

Overall, enforcement combines direct criminal and civil monetary sanctions with contract‑based recovery mechanisms under scheme agreements, administrative control via Ministerial appointment powers and strong information and audit tools to verify compliance.

The Act is drafted to operate alongside, and in selected respects to import, other Western Australian and Commonwealth laws. Key interactions in the text are:

Environmental Protection Act 1986

• the Act is expressly complementary to other State laws and references the EP Act for definitions and authorisations: where a term has a meaning in the EP Act that meaning applies unless the Act provides otherwise (s 3(2)); the Act also applies many EP Act provisions to this Act (s 93). The Act uses EP Act inspectors, authorised persons and analysts, and applies EP Act Part VIA Division 4 enforcement provisions to the offences listed in the Act’s table (s 93). The EP Act remains the primary licensing and pollution control statute, and the Act does not displace EP Act powers (s 6).

Corporations Act and Corporations legislation

• Part 5A interacts with Corporations legislation: the Act designates certain provisions as Corporations Act displacement provisions where they are incapable of concurrent operation with the Corporations Act (s 47ZZH). The Coordinator is a private company subject to Corporations Act rules, and section 47ZQ(4) explicitly states the Subdivision is not intended to exclude or limit the operation of Chapter 5 of the Corporations Act. Relatedly, Schedule 1 and other corporate governance provisions for the Coordinator require board composition and eligibility (s 47V).

Competition and Consumer Act and Competition Code

• the Act contains express authorisations for particular conduct for the purposes of the Competition and Consumer Act 2010 and the WA Competition Code, including appointing a Coordinator, grant or refusal of container approvals, and the negotiation and performance of scheme agreements (s 47ZZG(1)). Those authorisations are only to the extent the conduct would otherwise contravene competition law (s 47ZZG(2)).

Financial Management Act 2006 and Auditor General Act 2006

• the WARR Account is an agency special purpose account established under the Financial Management Act and subject to its financial administration and audit rules; the Auditor General Act applies to the WARR Account (ss 79-81). Similarly, the Scheme Account established by the Coordinator is subject to governance plan approval by the CEO and regulations about the use of scheme funds (ss 47ZM; 47ZN; 47ZO).

Local Government Act 1995

• the Act enables local governments to include waste plans within their plan for the future under the Local Government Act and modifies some Local Government Act procedural rules in relation to local laws made under this Act (ss 40; 61; 64). The Act also provides that local laws made under it may be enforced under the Local Government Act (s 65).

Public Health legislation

• s 7 requires consultation with the Chief Health Officer on public health issues and preserves the CHO’s statutory functions under the Health (Miscellaneous Provisions) Act 1911 and the Public Health Act 2016. The CEO must consult the Chief Health Officer where regulations so prescribe (s 7(2)).

Regulations and subsidiary instruments

• the Act gives broad power to make regulations on many operational points including container approvals, refund point operation, calculation of supply amounts, civil penalties and transitional arrangements (ss 47G; 47K; 47S; 47ZZ; 47ZZI; s 96). Regulations can adopt codes or subsidiary legislation by reference and may operate as local laws (ss 96; 97; 98).

Transitional and validation provisions

• the Act contains provisions dealing with transitional arrangements from repealed landfill levy legislation and validated certain existing levy regulations (Sch. 5; s 102). Appointed days for different Part 5A provisions are implemented by order (see compilation notes and ss 47C(2)).

Taken together, the Act is designed to overlay the EP Act‑based regulatory regime for pollution and landfill with economic and contractually implemented stewardship regimes, while threading into corporate governance, competition authorisations and public finance law. Practitioners must therefore map obligations under the Act against EP Act licences, Corporations Act duties, competition law exceptions and financial reporting obligations.

The Act has been amended multiple times; the compilation table in the Act records those principal interventions. Key amendments and their mechanical effect are:

• Waste Avoidance and Resource Recovery Amendment Act 2009 (No. 48 of 2009): amendments in 2009 included financial and administrative modifications; the compilation table shows commencement on 1 January 2010 for most of Pt 2 (compilation table).
• Waste Avoidance and Resource Recovery Amendment (Validation) Act 2014 (No. 16 of 2014): validated the Waste Avoidance and Resource Recovery Levy Regulations 2008 and certain amendment regulations (s 102; compilation table).
• Public Health (Consequential Provisions) Act 2016: consequential amendments that affect consultation with the Chief Health Officer and references to public health statutes, with provisions commencing in 2017 and later (compilation table; s 7 amended note).
• Waste Avoidance and Resource Recovery Amendment (Container Deposit) Act 2019 (No. 5 of 2019) and Waste Avoidance and Resource Recovery Amendment (Container Deposit) Act (No. 2) 2019 (No. 6 of 2019): these 2019 Acts inserted Part 5A, establishing the container deposit scheme architecture, Coordinator office and detailed scheme provisions (many sections in Part 5A are annotated "inserted: No. 5 of 2019 s. 6").
  • Part 5A introduced the Coordinator appointment process (ss 47W-47X), Scheme Account rules (ss 47ZL-47ZN), offences and civil penalty regimes specific to the scheme (ss 47ZY; 47ZZ; 47ZZF), and competition and Corporations Act authorisations (ss 47ZZG; 47ZZH).
• Appointed day orders in 2020: the Act’s compilation notes record the Appointed day for section 47F fixed as 19 February 2020 and the Appointed day for sections 47E, 47M, 47N and 47O fixed as 1 October 2020 by statutory instruments (compilation notes).
• COVID‑19 Response and Economic Recovery Omnibus Act 2020: made amendments to the Act in 2020 (compilation table).
• Environmental Protection Amendment Act 2020 (s 118) and later amendments updated cross‑references and enforcement interactions with EP Act provisions; commencement dates for those subsections are recorded in the compilation table.
• Directors’ Liability Reform Act 2023 and Local Government Amendment Act 2024: recent amendments affect liability exposures and local government interactions; compilation table records these changes in 2023 and 2024.

The Act’s schedule and compilation table record both commencement variations and uncommenced provisions (Schedule 4 and Schedule 5 entries). Several delegated instruments are consequential to the amendments, such as the Waste Avoidance and Resource Recovery Regulations 2008 and appointed day orders, which implement the container deposit scheme’s operational timings (compilation notes 2 and 3).

In sum, the most transformative amendment arrived in 2019 with Part 5A, adding the container deposit scheme and detailed corporate, contractual and financial governance for its operation. Subsequent commencement instruments and regulations determine practical effect and timing for parts of that scheme.

The Act itself does not name any cases. The text provides multiple avenues for merits review and judicial oversight but does not list decisions. Where the Act creates or preserves legal challenges, the procedural points are:

• State Administrative Tribunal review rights: the Act provides express rights of review by the State Administrative Tribunal for a broad range of administrative decisions, including CEO notices in relation to waste plans (s 41(5)), waste collection permit decisions (ss 56(5); 59(3)), container approval decisions and transfers (s 47H), Ministerial decisions relating to Coordinator conditions and appointments (s 47ZW), and review of audit directions (s 85(7)). These are administrative review mechanisms; the Act authorises parties to seek merits review at SAT on specified grounds and in specified contexts.
• Criminal and civil prosecutions: the CEO controls institution of criminal prosecutions under the Act (s 86). Courts remain the forum for criminal enforcement and for civil penalty proceedings created under the Act or by regulations (s 47ZZ). The Act also applies EP Act Part VIA Division 4 provisions to certain offences, which may bring additional remedies and sentencing regimes (s 93).
• Judicial review and other challenges: although not spelled out in the Act, administrative law principles and judicial review in the Supreme Court remain available to challenge decisions where no SAT route is available, or for errors of law; the Act’s provisions that limit or structure review are procedural rather than absolute.

Because the Act’s text does not cite decisions, practitioners must search case law databases and tribunal decisions for SAT or Supreme Court judgments interpreting Part 5A, supply agreement disputes, container approval reviews or prosecutions under levy or disposal offences. The statutory availability of SAT review, audit directions and CEO‑directed prosecutions indicates litigation risk in both civil administrative and criminal forums; how courts and SAT have interpreted these provisions is a matter for targeted case law research beyond the Act text.

Practical and legal pitfalls arise from the Act’s mix of administrative discretion, contract architecture and strict penalties. Key “gotchas” drawn directly from the text are:

• Ministerial and CEO override powers: the Minister may issue directions that the Waste Authority must give effect to (s 21) and may give directions, amend appointment conditions, appoint administrators and revoke the Coordinator’s appointment (ss 47ZP; 47ZQ). The CEO has wide information and audit powers, and can require reports and direct audits (ss 22; 34; 85). These instruments mean regulated parties face significant executive discretion; contractual arrangements with the Coordinator will operate against an overlay of Ministerial and CEO power.
• Coordinator appointment and governance constraints: the eligible company structure and required board composition are prescriptive (s 47V). The Minister approves the chair and specified directors (s 47V(3)(a)(iv) and (e)(iv)); regulations may prescribe further criteria. The appointment may come with conditions; the Minister may later amend or revoke those conditions (s 47Y; 47ZQ). This structure constrains corporate autonomy and creates a concentrated appointment risk for a single appointed company.
• Strict Scheme Account segregation and high penalties: the Coordinator must establish and maintain a Scheme Account under an approved governance plan and must credit only scheme funds to that account (s 47ZN). Non‑compliance attracts high fines and daily penalties (s 47ZN(1)-(4)). That creates operational cash management constraints: scheme funds cannot be commingled and governance plan approval is a gating requirement.
• Contractual obligations enforced via civil penalties: supply agreements and other scheme agreements are the primary mechanism for funding refunds and payments (s 47O). The Act layers civil penalty exposure on contractual non‑performance (e.g. s 47O(2) civil penalty), so commercial disputes can morph into regulatory enforcement with civil penalty consequences.
• Extensive information and audit obligations with criminal sanctions: authorised persons have broad powers to require documents, compel answers and carry out inspections; failure to comply can result in criminal fines (ss 82; 83; 47ZZC). Entities should not underestimate recordkeeping and compliance costs.
• Prescriptive container standards and marks: first responsible suppliers must ensure refund marks and barcodes comply with regulatory requirements and that container approvals are in place (ss 47E; 47F). Non‑compliance is a specified offence and a species of strict compliance risk on first supply.
• Prohibited disposal risk for third parties: the prohibition on disposing of collected or returned containers in a prohibited manner applies to Coordinators, MRF operators and other persons who know or ought reasonably to know a container is a collected or returned container (s 47M(3)-(5)). This creates downstream liability for waste processors and logistics firms who may unintentionally be exposed to offence risk unless they implement verification and segregation practices.
• Competition and corporate law overlays: while the Act provides competition law authorisation for certain scheme conduct (s 47ZZG), the Coordinator and scheme participants must still navigate Corporations Act obligations, fiduciary duties and related party risks; the Act declares certain provisions to be Corporations Act displacement provisions only where incapable of concurrent operation (s 47ZZH), but practical tensions between corporate duties and statutory obligations remain.
• Regulations will fill many blanks: the Act intentionally leaves detailed mechanics to regulation: refund amounts, eligibility criteria for refund point operators, methods for calculating supply amounts and MRF payments, and many civil penalty provisions are delegated to regulation (ss 47J; 47I(2); 47S; 47ZZ). Until regulations are settled, commercial participants face regulatory uncertainty and compliance risk.
• Centralised enforcement by the CEO: only the CEO or persons authorised by the CEO may institute prosecutions (s 86). That concentrates enforcement discretion and means private criminal enforcement is not available; entities should factor this into dispute resolution strategy.

In short, the Act combines prescriptive technical requirements, delegated regulatory detail and significant administrative discretion. Parties engaging with the scheme should track regulations, appointed‑day instruments and governance plan approvals, and align contractual documents with statutory duties to mitigate fines and administrative intervention risk.

This compliance guide maps practical steps for the main classes of actors under the Act, cross‑referenced to the relevant statutory provisions.

First responsible suppliers (beverage suppliers)

• confirm legal status as first responsible supplier under s 47D; if supply chain arrangements allocate responsibility by contract, ensure the contractual allocation is compatible with any regulations that may prescribe who is taken to be first responsible supplier (s 47D(5)-(6)).
• before first supply in the State, secure a supply agreement with the Coordinator that addresses supply amounts and payment schedules, or confirm regulatory carve‑outs if any (s 47E(2); s 47O(1)(a)).
• ensure containers have an applicable container approval and comply with conditions; if necessary, apply to the CEO for a container approval with complete and verified supporting information as prescribed by regulations (s 47F(1)-(3); s 47G).
• ensure containers bear the refund mark and barcode that meet regulatory specifications at first supply (s 47E(2)(c)).
• keep complete records and be prepared to verify information by statutory declaration where required (s 47G(b); s 47S(f)).
• maintain mechanisms for monitoring and paying supply amounts, and monitor the Coordinator’s published procedures for claims and payments (s 47O; s 47S(d), (e)).

Coordinator company

• ensure constitutional compliance for eligible company status: board composition, prohibition on dividends, executive officer eligibility and ministerial approvals where required (s 47V(1)-(3)).
• prepare and submit the draft governance plan for the Scheme Account for CEO approval prior to establishing the Scheme Account; establish the bank account and maintain separate scheme funds only in the Scheme Account per the approved governance plan (ss 47ZM; 47ZN).
• prepare, submit and obtain Ministerial approval of business plans at the statutory times and adhere to business plan obligations; avoid significant departures without Minister approval (ss 47ZE-47ZH).
• enter supply agreements, material recovery agreements, refund point agreements and manage those agreements consistent with the Act, ensuring transparency of database records and making them available to the CEO on request (ss 47O-47R; 47ZK).
• implement payment verification processes, claims assessment procedures and dispute resolution mechanisms consistent with regulations (s 47Z(2)(j); s 47S(d), (e)).
• operate with non‑discrimination and transparency in negotiating scheme agreements and in the operation of refund point networks (s 47ZC).

Refund point operators and MRF operators

• obtain and maintain the required refund point or material recovery agreement with the Coordinator before acting as an operator (ss 47I(1); 47R(2)).
• comply with operational eligibility criteria, recordkeeping and verification obligations as set in regulations; implement segregation practices to ensure collected and returned containers are not disposed of in a prohibited manner (ss 47K; 47M).
• maintain auditable records for claims for payment and for the movement of containers to allow verification by the Coordinator or CEO (s 47S(d); s 47ZZF).

Local governments

• include a waste plan in the plan for the future where required, and respond to CEO notices to include or modify waste plans in the specified period (ss 40-42).
• comply with performance evaluation requests and monitoring by the CEO, and provide required reports on implementation and quantities of waste, reused or recycled materials, premises serviced and related matters (ss 44; 53).
• when contracting waste services or dealing with waste collection permits, ensure contractual conditions align with permit terms and modern practice requirements (ss 56-59; 57).

Producers and businesses

• where voluntary product stewardship is appropriate, prepare product stewardship plans that meet CEO registration criteria: specify products, set targets and timeframes, define monitoring and public disclosure (s 45).
• track Ministerial priority statements on extended producer responsibility and be prepared to engage in the public submission processes stipulated (s 47).
• prepare to comply with any extended producer responsibility regulations should they be made following the procedural checks in s 46.

All participants: recordkeeping, audit readiness and information requests

• adopt rigorous recordkeeping and document retention systems across supply chains; the CEO and authorised persons can request documents, require statutory declarations and direct audits (ss 82; 47ZZC; 85). Non‑compliance attracts fines.
• verify identity, eligibility and background information where required by the Act, for example in Coordinator appointment contexts and for refunds, and comply with criminal record checks and consent requirements where the Act requires them for Coordinator officers (s 47ZJ).
• ensure confidentiality policies align with s 91 while complying with disclosure and publication requirements under regulations (s 47ZZD).

Contract drafting and dispute management

• draft supply agreements, refund point agreements and material recovery agreements to reflect statutory requirements and regulatory detail, including payment formulas, verification processes, conditions precedent, audit access, and termination rights consistent with s 47T and s 47S.
• embed compliance representations and warranties, and procedures for responding to CEO or Ministerial directions or to audit findings.
• consider dispute resolution clauses that preserve statutory rights of review but provide for commercial resolution where possible.

Timelines and process steps to watch

• monitor appointed day instruments and regulations that determine practical commencement dates for particular obligations (ss 47C(2); compilation notes).
• follow the statutory consultation and publication timelines: e.g., waste strategy public submissions must be open for not less than 12 weeks (s 28); extended producer responsibility priority statements and submissions have a 28 day minimum period (s 47(4)).

Practical compliance checklist

• map responsibilities across supply chain to determine who is the first responsible supplier for each SKU (s 47D).
• obtain container approvals and verify compliance with refund mark and barcode requirements before first supply (ss 47F; 47E).
• ensure supply agreements are negotiated and signed with the Coordinator and that payment mechanisms are in place (s 47O).
• implement segregation and verification systems to ensure returned/collected containers are not disposed of in a prohibited manner (s 47M).
• maintain audit‑ready accounts and segregated funds management for scheme receipts and payments (ss 47ZN; 47ZM).
• appoint compliance lead with direct lines to the CEO or Coordinator and ensure timely response to information requests and audits (ss 22; 47ZK; 82; 85).

Following the statutory text, compliance is a combination of legal preparation, contractual alignment, operational systems and ongoing engagement with the Coordinator, the Waste Authority and the CEO.