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Subdivision 2 Assessment by chief
executive
102AV Assessing application
The chief executive must—
(a) assess whether the applicant is suitable for
appointment as the Organisation; and
(b) give the Minister a report about the
applicant’s suitability.
102AW Particular matters for assessing
application
(1) In assessing whether the applicant is suitable for
appointment as the Organisation, the chief
executive must consider—
(a) the application; and
(b) the documents and evidence mentioned in
section 102AS(2); and
(c) the applicant’s business reputation, current
financial position and financial background;
and
(d) the suitability of each executive officer and
business associate of the applicant to be
associated with the applicant if the applicant
is appointed as the Organisation; and
(e) whether, collectively, the executive officers
of the applicant have the skills, knowledge
and experience required for the applicant to
perform the functions of the Organisation
effectively and efficiently; and
(f) any other matter the chief executive
considers appropriate.
(2) In assessing the suitability of an executive officer
or business associate of the applicant, the chief
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executive must consider—
(a) the person’s character or business
reputation; and
(b) the person’s relevant skills, knowledge and
experience; and
(c) the person’s current financial position and
financial background; and
(d) any other matter the chief executive
considers appropriate.
102AX Chief executive may require further
information or documents
(1) The chief executive may, by notice, require the
applicant to give the chief executive further
information or a document the chief executive
reasonably requires to assess the application.
(2) The notice must state a reasonable period of at
least 10 business days within which the applicant
must comply with the requirement.
(3) If the applicant does not comply with the
requirement, the chief executive may assess the
application without the further information or
document.
Subdivision 3 Decision by Minister
102AY Deciding application
(1) This section applies if the Minister receives a
report from the chief executive under section
102AV(b) about an applicant’s suitability for
appointment as the Organisation.
(2) The Minister must decide to appoint, or refuse to
appoint, the applicant as the Organisation.
(3) The Minister may decide to appoint the applicant
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as the Organisation only if the Minister is
satisfied—
(a) the applicant’s proposed plans about the
matters mentioned in section 102AS(1)(b)
are acceptable; and
(b) the applicant is suitable for appointment as
the Organisation.
102AZ Conditions
The appointment of the Organisation may be
subject to the conditions the Minister considers
appropriate.
102BA Term of appointment
The appointment of the Organisation is for the
term, of not more than 7 years, stated in the
appointment.
102BB Notice of decision
(1) The Minister must give the applicant notice of the
decision.
(2) If the Minister decides to appoint the applicant as
the Organisation, the appointment takes effect
when the applicant is given the notice or, if the
notice states a later day of effect, on the later day.
Division 5 Amendment of
appointment
102BC Amendment on application
(1) The Organisation may apply to the Minister for an
amendment of the appointment.
(2) The application must be made in the approved
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form.
(3) The Minister must refer the application to the
chief executive for assessment.
(4) The chief executive must—
(a) assess whether the amendment is
appropriate; and
(b) give the Minister a report about whether the
amendment is appropriate.
(5) In assessing the application, the chief executive
must have regard to—
(a) the application; and
(b) any other matter the chief executive
considers appropriate.
(6) Section 102AX applies in relation to the
application for amendment as if it were an
application for appointment.
(7) After receiving the chief executive’s report, the
Minister must decide the application by—
(a) amending the appointment in the way
applied for; or
(b) with the applicant’s written agreement,
amending the appointment in another way;
or
(c) refusing to amend the appointment.
(8) Without limiting subsection (7), an amendment
may impose a condition on, or vary or remove a
condition of, the appointment.
102BD Amendment by Minister
(1) The Minister may decide to amend the
appointment at any time on the Minister’s own
initiative.
(2) Without limiting subsection (1), an amendment
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may impose a condition on, or vary or remove a
condition of, the appointment.
102BE Notice of decision
(1) The Minister must give the Organisation notice of
the Minister’s decision under section 102BC or
102BD.
(2) If the Minister decides to amend the appointment
under section 102BC, the amendment takes effect
when the Organisation is given the notice.
(3) If the Minister decides to refuse to amend the
appointment under section 102BC, the decision
takes effect when the Organisation is given the
notice.
(4) If the Minister decides to amend the appointment
under section 102BD, the amendment takes effect
10 business days after the Organisation is given
the notice.
Division 6 Renewal of appointment
102BF Application for renewal
(1) An eligible company appointed as the
Organisation may apply to the Minister for
renewal of the appointment.
(2) The application must be made in the approved
form on or before—
(a) the day that is 3 months before the term of
the appointment ends; or
(b) the later day, before the term of the
appointment ends, agreed between the
eligible company and the Minister.
(3) The Minister must refer the application to the
chief executive for assessment.
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(4) The chief executive must—
(a) assess whether the renewal is appropriate;
and
(b) give the Minister a report about whether the
renewal is appropriate.
(5) In assessing the application, the chief executive
must have regard to—
(a) the application; and
(b) any other matter the chief executive
considers appropriate.
(6) Section 102AX applies in relation to the
application for renewal as if it were an application
for appointment.
102BG Deciding application
(1) After the Minister receives the chief executive’s
report under section 102BF(4)(b), the Minister
must decide to renew, or refuse to renew, the
appointment.
(2) The Minister may decide to renew the
appointment only if the Minister is satisfied that
the company remains suitable for appointment as
the Organisation.
(3) The renewal of the appointment may be subject to
the conditions the Minister considers appropriate.
(4) The renewed appointment’s term can not be more
than 7 years.
(5) If the Minister has not made a decision under
subsection (1) before the day on which the
eligible company’s appointment is due to expire,
the eligible company’s appointment continues
until the Minister’s decision takes effect.
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102BH Notice of decision
(1) The Minister must give the eligible company
notice of the Minister’s decision under section
102BG.
(2) If the Minister decides to renew the appointment,
the renewal of the appointment takes effect when
the eligible company is given the notice or, if the
notice states a later day of effect, on the later day.
(3) If the Minister decides to refuse to renew the
appointment, the decision takes effect when the
eligible company is given the notice or, if the
notice states a later day of effect, on the later day.
Division 7 Operations of
Organisation
Subdivision 1 General obligations
102BI Organisation must not act unfairly
The Organisation must not act unfairly, or
unreasonably discriminate, against or in favour of
any person when—
(a) negotiating, entering into, performing
obligations under or enforcing a scheme
agreement; or
(b) performing another function, or exercising a
power, of the Organisation.
102BJ Organisation must comply with plans
proposed in application
(1) The Organisation must implement its plans for the
matters mentioned in section 102AS(1)(b).
(2) This section applies subject to a condition of the
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Organisation’s appointment.
102BK Organisation must establish container
refund points in particular circumstances
(1) The Organisation must establish and operate a
container refund point in a community if—
(a) the community does not have reasonable
access to a container refund point; and
(b) the Organisation has not identified another
entity with which to enter into a container
collection agreement to operate a container
refund point in the community.
(2) This section applies subject to a condition of the
Organisation’s appointment.
102BL Organisation must use best endeavours to
meet outcomes prescribed by regulation
(1) A regulation may prescribe outcomes to be
achieved by the Organisation, during a period
prescribed by regulation, relating to—
(a) the Organisation’s functions, including, for
example, outcomes relating to—
(i) the recovery and recycling of
containers under the scheme; or
(ii) the accessibility of container refund
points to members of the public; or
(b) administering the scheme in a way that
provides opportunities for social enterprise,
innovation and the development of
technology.
(2) The Organisation must use its best endeavours to
achieve an outcome prescribed under
subsection (1).
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Subdivision 2 Ministerial oversight
102BM Ministerial statement of expectations
(1) The Minister may give the Organisation a written
statement (a statement of expectations) about the
Minister’s expectations for the performance of the
Organisation’s functions.
(2) Without limiting subsection (1), the statement of
expectations may—
(a) state a particular period for which the
statement applies; and
(b) provide for the nature and scope of the
Organisation’s activities for a particular
period.
(3) The Organisation must have regard to the
statement of expectations in performing the
Organisation’s functions.
102BN Ministerial direction
(1) The Minister may give the Organisation a written
direction about a matter relevant to the
performance of a function, or the exercise of a
power, of the Organisation.
(2) The Organisation must comply with a direction
given under subsection (1).
(3) The Organisation must include details, in the
Organisation’s annual report under section
102BV, of—
(a) any direction given by the Minister under
subsection (1) during the financial year to
which the report relates; and
(b) the actions taken by the Organisation as a
result of the direction.
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Subdivision 3 Corporate documents
102BO Organisation must have particular
documents
(1) The Organisation must have the following
documents (each a corporate document) for each
financial year—
(a) a budget;
(b) a strategic plan;
(c) an operational plan;
(d) a statement of corporate intent;
(e) a performance management plan;
(f) a governance and investment plan;
(g) a document setting out a scheme payments
and contribution methodology;
(h) a network of container refund points plan;
(i) an employment and industrial relations plan;
(j) a document setting out a complaints
management framework.
(2) Each corporate document must include the
matters prescribed by regulation.
102BP Preparation and submission of drafts of
corporate documents
The Organisation must, before 31 March each
year, prepare, and submit to the Minister, a draft
of each corporate document required for the next
financial year.
102BQ Particular corporate documents require
Minister’s agreement
(1) A corporate document for a financial year, other
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than an excluded document, has no effect until it
is agreed to by the Minister.
(2) The Organisation and the Minister must
endeavour to reach agreement on a corporate
document to which subsection (1) applies before
the start of the financial year.
(3) Without limiting subsection (2)—
(a) the Minister may ask the Organisation to—
(i) consider a matter and revise the draft of
the corporate document having regard
to the Organisation’s consideration;
and
(ii) give the revised draft of the corporate
document to the Minister; and
(b) the Organisation must immediately comply
with the request.
(4) If the Minister has not agreed to a corporate
document to which subsection (1) applies before
the financial year starts, the previous corporate
document applies as the corporate document for
the financial year, with all necessary
modifications, until the Minister agrees to the
corporate document for the financial year.
(5) In this section—
excluded document means—
(a) a budget; or
(b) an operational plan; or
(c) an employment and industrial relations plan;
or
(d) a document setting out a complaints
management framework.
previous corporate document, in relation to a
corporate document for a financial year that is not
agreed to by the Minister, means the corporate
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document of the same type for the preceding
financial year.
102BR Procedure if particular corporate
documents not agreed to before financial year
starts
(1) This section applies if the Minister has not agreed
to a corporate document to which section
102BQ(1) applies before the start of a financial
year.
(2) The Minister may, by notice, direct the
Organisation to—
(a) revise the draft of the corporate document
by making stated modifications or doing any
other stated thing; and
(b) give the revised draft of the corporate
document to the Minister.
(3) The Organisation must immediately comply with
a direction under subsection (2).
(4) The Organisation must include details, in the
Organisation’s annual report under section
102BV, of—
(a) any direction given by the Minister under
subsection (2) during the financial year to
which the report relates; and
(b) the actions taken by the Organisation as a
result of the direction.
102BS Modification of corporate documents
(1) The Organisation may modify a corporate
document for a financial year.
(2) However, a corporate document to which section
102BQ(1) applies may be modified only with the
agreement of the Minister.
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Section retrieval-0003 - Waste Reduction and Recycling (Strengthening the Container Refund Scheme) Amendment Bill 2026 - Document excerpt 3 | Zoe