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(c) does not have a conviction, other than a
spent conviction, for an offence against—
(i) this Act; or
(ii) a provision of a corresponding law; or
(iii) a provision of the Environmental
Protection Act relating to a waste
management ERA; and
(d) does not have a conviction, other than a
spent conviction, for an indictable offence
against another law.
independent auditor, in relation to an audit,
means a person who—
(a) is appropriately qualified to carry out the
audit; and
(b) is not an executive officer, employee or
business associate of the Organisation.
member, of a company, means a member of the
company under the Corporations Act.
102AC References to functions of Organisation
A reference in this part to the functions of the
Organisation, other than a reference to a specific
function of the Organisation, is a reference to the
functions of the Organisation under this Act or
another Act.
Division 2 Ministerial appointment
102AD Minister may appoint eligible company
(1) The Minister may appoint an eligible company to
administer the scheme.
(2) The company appointed under subsection (1) is
called the Product Responsibility Organisation
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(the Organisation).
102AE What is an eligible company
A company is an eligible company only if the
company—
(a) is registered under the Corporations Act;
and
(b) is carried on other than for the profit or gain
of the company’s members; and
(c) has a constitution and board of directors that
comply with, and are not contrary to,
sections 102AF to 102AJ.
102AF Requirements for constitution
The constitution of a company appointed as the
Organisation must—
(a) require the company to maintain a board,
constituted by 9 directors, that has the
composition required under this division;
and
(b) prohibit dividends being paid to, or the
income, profits or assets of the company
being distributed among, the company’s
members; and
(c) require the executive officers of the
company to be eligible individuals; and
(d) subject to this part, provide for the way in
which the chairperson and directors of the
board—
(i) are appointed and removed; and
(ii) are to vote on and decide matters; and
(iii) are remunerated; and
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(e) provide for the way in which the
constitution is amended; and
(f) provide for any other matter prescribed by
regulation; and
(g) be consistent with this Act; and
(h) provide that, if the constitution is
inconsistent with a provision of this Act, the
provision of this Act prevails to the extent of
the inconsistency.
102AG Composition of board
(1) The board of a company appointed as the
Organisation must be composed of 9 directors,
including—
(a) at least 5 directors who are independent of
the beverage industry; and
(b) at least 1 director who is an executive
officer, employee or business associate of a
large beverage manufacturer; and
(c) at least 1 director who is an executive
officer, employee or business associate of—
(i) a small beverage manufacturer; or
(ii) an association that represents small
beverage manufacturers.
(2) Each director must be approved by the Minister as
a director.
(3) In deciding whom to approve as directors
mentioned in subsection (1)(a), the Minister must
be satisfied the directors approved under
subsection (1)(a) will include directors who
collectively—
(a) have expertise in waste and recycling, local
government, and community and social
enterprise; and
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Section retrieval-0002 - Waste Reduction and Recycling (Strengthening the Container Refund Scheme) Amendment Bill 2026 - Document excerpt 2 | Zoe
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(b) represent the interests of the community;
and
(c) have legal or financial qualifications and
experience.
(4) The chairperson of the board must—
(a) be independent of the beverage industry;
and
(b) be approved by the Minister as chairperson.
(5) If the members of a company appointed as the
Organisation include large beverage
manufacturers, not more than 2 of the directors of
the board of the company may be nominated by,
or be required to be appointed by, the members
who are large beverage manufacturers.
(6) In this section—
independent of the beverage industry, for a
person, means the person is not an executive
officer, employee or business associate of—
(a) a manufacturer of a beverage product; or
(b) an association that represents manufacturers
of beverage products.
large beverage manufacturer means a
manufacturer of a beverage product other than a
small beverage manufacturer.
small beverage manufacturer see
section 99R(3).
102AH Term of appointment as director
(1) A person appointed as a director of the board
holds office for the term, of not more than 3 years,
stated in the person’s appointment.
(2) A person appointed as a director of the board may
be appointed for a further term if the members of
the Organisation consider that—
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(a) the person’s performance as a director of the
board has been of the highest standard; and
(b) the person is likely to continue to contribute
at a high standard to the Organisation’s
performance.
(3) However, a person must not hold office as a
director of the board for more than 10 years in
total.
102AI Minister may withdraw approval of directors
(1) The Minister may, at any time and for any reason
or none, withdraw the Minister’s approval of a
director of the board by notice given to the
Organisation.
(2) If the Minister gives the Organisation a notice
about a director under subsection (1), the
Organisation must remove the director from
office within 7 days after receiving the notice.
(3) If the Organisation does not comply with
subsection (2), the director is taken to be removed
from office at the end of 7 days after the day the
Organisation receives the notice.
102AJ Vacancy in office of director
(1) The office of a director of the board becomes
vacant if the director—
(a) completes a term of office and is not
reappointed; or
(b) stops being an eligible individual; or
(c) resigns from office; or
(d) is removed from office.
(2) If the office of a director of the board becomes
vacant—
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(a) all reasonable endeavours must be made to
ensure the office is filled within 6 months
after the office becomes vacant; and
(b) the office is taken to be filled for the
purpose of section 102AF(a) for the period
of 6 months starting on the day the office
becomes vacant.
(3) However, if the Minister considers there are
exceptional circumstances, the Minister may
extend the period mentioned in subsection (2)(a)
and (b) for a further period of not more than 6
months.
Division 3 Functions and powers
102AK Functions generally
(1) The main function of the Organisation is to
administer the scheme and ensure the good
governance of the scheme.
(2) Without limiting subsection (1), the Organisation
has the following functions—
(a) to ensure ongoing, efficient and effective
arrangements are available in Queensland to
enable empty beverage containers to be
collected, sorted and recycled;
(b) to establish and maintain a network of
container refund points;
(c) to ensure the scheme is funded by requiring
manufacturers of beverage products to pay
sufficient amounts under container recovery
agreements;
(d) to set the amounts payable, or the method
for working out the amounts payable, under
the scheme—
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(i) by manufacturers of beverage products
to fund the scheme; and
(ii) to operators of container refund points
to enable the operators to—
(A) pay refund amounts for empty
beverage containers; and
(B) handle, sort and transport empty
beverage containers for recycling;
(e) to enter into scheme agreements;
(f) to identify manufacturers who may not be in
compliance with section 99P;
(g) to promote the scheme and the location of
container refund points to the public;
(h) to receive and deal with complaints relating
to the scheme from members of the public
and entities participating in the scheme;
(i) to support the development of infrastructure
required to transport and recycle waste or
other material in Queensland;
(j) to support environmental or community
programs, including, for example, programs
to—
(i) reduce litter and illegal dumping of
waste or other material; and
(ii) provide opportunities for social
enterprise, innovation and the
development of technology; and
(iii) give benefits to community
organisations.
(3) The Organisation also has the functions given to it
under this Act or another Act.
(4) To remove any doubt, it is declared that the
Organisation may enter into scheme agreements
that continue in effect after the end of the
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Organisation’s term of appointment under section
102BA.
102AL Function relating to network of container
refund points
(1) This section provides for the function of the
Organisation mentioned in section 102AK(2)(b).
(2) The Organisation must use all reasonable
endeavours to establish and maintain a network of
container refund points that enables all
communities in Queensland to access a place for
the return of empty beverage containers for the
payment of refund amounts.
(3) In establishing and maintaining the network,
including, for example, in deciding the location of
a new container refund point, the Organisation
must consider the economic viability of the
operators of existing container refund points.
102AM Function relating to non-compliant
manufacturers
(1) This section provides for the function of the
Organisation mentioned in section 102AK(2)(f).
(2) If the Organisation becomes aware that a
manufacturer of a beverage product may not be in
compliance with section 99P, the Organisation
may take reasonable steps to determine whether
the manufacturer is in compliance with the
section.
(3) If, after taking reasonable steps under subsection
(2), the Organisation reasonably suspects that a
manufacturer of a beverage product may not be in
compliance with section 99P, the Organisation
must give a notice to the chief executive stating—
(a) the Organisation’s suspicion; and
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(b) the evidence or other material on which the
suspicion is based.
102AN Powers
The Organisation has the power to do all things
necessary and convenient to be done for the
performance of the Organisation’s functions.
102AO Application of other Acts
The Organisation is a unit of public
administration under the Crime and Corruption
Act 2001, to the extent the Organisation is
performing a function of the Organisation.
102AP Effect of obligations
Failure to comply with a provision of this part that
imposes an obligation on the Organisation is an
offence only to the extent the provision expressly
provides.
Note—
Failure to comply with a provision may be a ground for
taking action against the Organisation under division 8.
Division 4 Appointment process
Subdivision 1 Application
102AQ Minister may invite application
(1) The Minister may invite an eligible company to
apply for appointment as the Organisation.
(2) The invitation may state—
(a) the outcomes required to be met by the
Organisation relating to—
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(i) the functions of the Organisation; and
(ii) the administration of the scheme in a
way that provides opportunities for
social enterprise, innovation and the
development of technology; and
(b) other requirements for the application.
102AR Application
After receiving the invitation, the eligible
company (the applicant) may apply for
appointment as the Organisation.
102AS Requirements for application
(1) The application must—
(a) be in writing; and
(b) include details of the applicant’s proposed
plans for the following matters—
(i) establishing and administering the
scheme generally, including, for
example, the estimated costs of
establishing and administering the
scheme;
(ii) establishing and maintaining a network
of container refund points;
(iii) entering into container recovery
agreements with manufacturers of
beverage products, including, for
example, details about—
(A) the amounts proposed to be paid
under the agreements; and
(B) the period proposed for entering
into the agreements;
(iv) entering into container collection
agreements with operators of container
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refund points, including, for example,
details about—
(A) the process proposed for choosing
the persons with whom to enter
into the agreements; and
(B) the amounts proposed to be paid
under the agreements; and
(C) the period proposed for entering
into the agreements; and
(D) the arrangements proposed for
ensuring container refund points
are accessible to the public,
including, for example, locations
and operating times;
(v) entering into material recovery
agreements with operators of material
recovery facilities, including, for
example, details about—
(A) the process proposed for choosing
the persons with whom to enter
into the agreements; and
(B) the amounts proposed to be paid
under the agreements; and
(C) the period proposed for entering
into the agreements;
(vi) achieving the outcomes stated in the
Minister’s invitation;
(vii) setting the amounts payable under the
scheme mentioned in section
102AK(2)(d); and
(c) comply with the other requirements, if any,
stated in the Minister’s invitation under
section 102AQ.
(2) The application must be accompanied by the
following—
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(a) a copy of the applicant’s constitution;
(b) evidence establishing the applicant is an
eligible company and each of the company’s
executive officers is an eligible individual;
(c) a draft of each corporate document for the
financial year in which the applicant seeks
to be appointed;
(d) a draft of the template terms intended to be
included in each type of scheme agreement;
(e) draft policies for handling commercial or
sensitive information about the beverage
market;
(f) the signed consent of each person who is an
executive officer or business associate of the
applicant to—
(i) the collection of personal or
background information about the
person by the chief executive; and
(ii) the obtaining of the criminal history of
the person under section 102DB.
102AT Referral of application to chief executive
After receiving the application, the Minister must
refer the application to the chief executive for
assessment.
102AU Withdrawing or amending application
The applicant may, at any time—
(a) withdraw the application; or
(b) amend the application with the agreement of
the Minister.
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