QLDIn ForceAct
Waste Reduction and Recycling Act 2011
sec.99QContainer recovery agreement
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### sec.99Q Container recovery agreement
A container recovery agreement is a written agreement between the Organisation and a manufacturer of a beverage product about the type of container used for the product.
The purpose of a container recovery agreement is to ensure the manufacturer contributes to the cost of the scheme, including, for example, the cost of the refund amounts paid for empty containers under the scheme.
The Organisation must not enter into a container recovery agreement with the manufacturer for a type of container unless the Organisation is satisfied ongoing, effective and appropriate arrangements for the container type to be collected, sorted and recycled are available.
A container recovery agreement must include provisions about the following matters—
the manufacturer’s obligations in relation to paying amounts to the Organisation, including how each amount is worked out and when it is to be paid, to contribute to the costs of—
refund amounts for empty containers of the manufacturer’s beverage products to be paid under the scheme; and
the administration of the scheme, including amounts paid to the operators of container refund points under the scheme;
the manufacturer’s obligations in relation to giving information to the Organisation about the beverage products made or imported for sale in Queensland by the manufacturer, including how and when the information is to be given;
a dispute resolution process for settling disputes between the Organisation and the manufacturer;
when the agreement must be reviewed;
a process for either party to the agreement to seek an earlier review of the agreement or an amendment to it;
other matters prescribed by regulation.
A container recovery agreement must also include the standard terms, about a matter mentioned in subsection (4) or another matter, prescribed by regulation.
s 99Q ins 2017 No. 31 s 4
(sec.99Q-ssec.1) A container recovery agreement is a written agreement between the Organisation and a manufacturer of a beverage product about the type of container used for the product.
(sec.99Q-ssec.2) The purpose of a container recovery agreement is to ensure the manufacturer contributes to the cost of the scheme, including, for example, the cost of the refund amounts paid for empty containers under the scheme.
(sec.99Q-ssec.3) The Organisation must not enter into a container recovery agreement with the manufacturer for a type of container unless the Organisation is satisfied ongoing, effective and appropriate arrangements for the container type to be collected, sorted and recycled are available.
(sec.99Q-ssec.4) A container recovery agreement must include provisions about the following matters— the manufacturer’s obligations in relation to paying amounts to the Organisation, including how each amount is worked out and when it is to be paid, to contribute to the costs of— refund amounts for empty containers of the manufacturer’s beverage products to be paid under the scheme; and the administration of the scheme, including amounts paid to the operators of container refund points under the scheme; the manufacturer’s obligations in relation to giving information to the Organisation about the beverage products made or imported for sale in Queensland by the manufacturer, including how and when the information is to be given; a dispute resolution process for settling disputes between the Organisation and the manufacturer; when the agreement must be reviewed; a process for either party to the agreement to seek an earlier review of the agreement or an amendment to it; other matters prescribed by regulation.
(sec.99Q-ssec.5) A container recovery agreement must also include the standard terms, about a matter mentioned in subsection (4) or another matter, prescribed by regulation.
- (a) the manufacturer’s obligations in relation to paying amounts to the Organisation, including how each amount is worked out and when it is to be paid, to contribute to the costs of— (i) refund amounts for empty containers of the manufacturer’s beverage products to be paid under the scheme; and (ii) the administration of the scheme, including amounts paid to the operators of container refund points under the scheme;
- (i) refund amounts for empty containers of the manufacturer’s beverage products to be paid under the scheme; and
- (ii) the administration of the scheme, including amounts paid to the operators of container refund points under the scheme;
- (b) the manufacturer’s obligations in relation to giving information to the Organisation about the beverage products made or imported for sale in Queensland by the manufacturer, including how and when the information is to be given;
- (c) a dispute resolution process for settling disputes between the Organisation and the manufacturer;
- (d) when the agreement must be reviewed;
- (e) a process for either party to the agreement to seek an earlier review of the agreement or an amendment to it;
- (f) other matters prescribed by regulation.
- (i) refund amounts for empty containers of the manufacturer’s beverage products to be paid under the scheme; and
- (ii) the administration of the scheme, including amounts paid to the operators of container refund points under the scheme;