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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Environment Protection Amendment (Refund on
Bottles and Cans) Bill 2019
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purpose 1
2 Commencement 1
3 Principal Act 2
Part 2--Amendments to the Environment Protection Act 2017 3
4 Definitions 3
5 Simplified outline--Chapter 6 5
6 New Part 6.3A inserted 5
7 Schedule 1--Regulations 29
Part 3--Repeal of this Act 32
8 Repeal of this Act 32
═════════════
Endnotes 33
1 General information 33
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PARLIAMENT OF VICTORIA
Introduced in the Council by Dr Ratnam
Environment Protection Amendment
(Refund on Bottles and Cans) Bill 2019
A Bill for an Act to amend the Environment Protection Act 2017 to
promote the recovery, reuse and recycling of empty beverage
containers by establishing a cost effective State-wide container deposit
scheme and for other purposes.
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purpose
The purpose of this Act is to amend the
Environment Protection Act 2017 to promote
5 the recovery, reuse and recycling of empty
beverage containers by establishing a cost
effective State-wide container deposit scheme.
2 Commencement
This Act comes into operation on 1 March 2021.
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Part 1--Preliminary
3 Principal Act
In this Act, the Environment Protection
Act 2017 is called the Principal Act.
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Part 2--Amendments to the Environment
Protection Act 2017
4 Definitions
Insert the following definitions in section 3(1) of
5 the Principal Act--
"beverage has the meaning set out in
section 132B;
collection point means--
(a) any facility or premises for the
10 collection and handling of containers
delivered to the facility or premises in
consideration of the payment of refund
amounts; or
(b) a reverse vending machine; or
15 (c) any other facility or premises of a kind
prescribed by the regulations;
collection point arrangement has the meaning set
out in section 132E;
collection point operator, in relation to a
20 collection point, means--
(a) a person who has entered into a
collection point arrangement with a
network operator in connection with the
operation of the collection point; or
25 (b) if there is no collection point
arrangement in force in respect of the
collection point--a network operator
who administers and operates the
collection point;
30 container has the meaning set out in
section 132C;
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container approval means a container approval
issued and in force under Division 3 of
Part 6.3A;
material recovery facility operator means--
5 (a) a person who carries on a business that
is or includes the processing for reuse
or recycling of domestic waste
designated for recycling and collected
by that or any other person during the
10 course of domestic waste management
services and who is approved in writing
by the Authority as a material recovery
facility operator for the purposes of
Part 6.3A; or
15 (b) any other person of a prescribed class;
network arrangement has the meaning set out in
section 132E;
network operator means--
(a) a person with whom the Minister enters
20 into a network operator agreement; or
(b) in relation to a network operator
agreement, the person with whom the
Minister enters into the agreement;
network operator agreement has the meaning set
25 out in section 132D;
reverse vending machine means a machine or
other device from which refund amounts can
be obtained by an operation that involves
inserting empty containers into the device,
30 whether or not some other action is required
to activate the device;
Scheme administration agreement has the
meaning set out in section 132D;".
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5 Simplified outline--Chapter 6
After section 110(3) of the Principal Act insert--
"(3A) Part 6.3A establishes a container deposit
scheme for empty beverage containers.".
5 6 New Part 6.3A inserted
After Part 6.3 of the Principal Act insert--
"Part 6.3A--Container deposit
scheme
Division 1--Preliminary
10 132A Definitions
In this Part--
corresponding law means a law of another
State or a Territory that is prescribed to
be a corresponding law for the purposes
15 of this Part;
refund amount means the amount prescribed
as a refund amount for the purposes of
this Part;
refund marking, in relation to a container,
20 means a marking or labelling that
complies with the prescribed
requirements;
Scheme means the container deposit scheme
established by this Part;
25 Scheme arrangement means--
(a) a supply arrangement; or
(b) a network arrangement; or
(c) a collection point arrangement;
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Scheme Coordinator means the person with
whom the Minister enters into a
Scheme Coordinator agreement;
Scheme Coordinator agreement has the
5 meaning set out in section 132D;
Scheme participant means--
(a) a Scheme Coordinator; or
(b) a network operator; or
(c) a supplier who has entered into a
10 supply arrangement with a
Scheme Coordinator; or
(d) a collection point operator;
supplier means a person who carries on a
business that is or includes the supply
15 of beverages in containers, but does not
include a person of a class prescribed as
an exempt class;
supply means supply, by way of sale or
otherwise, in the course of carrying on
20 a business;
supply arrangement has the meaning set out
in section 132E.
132B Meaning of beverage
In this Part, beverage means a liquid
25 intended for human consumption by
drinking, other than a medicine or a
prescribed exempt kind of liquid.
132C Meaning of container
In this Part, container means--
30 (a) a container that is designed to contain a
beverage and to be sealed (when filled
with the beverage) for the purposes of
transport or storage before its sale, or
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delivery, for the use or consumption of
its contents; or
(b) any other container of a kind prescribed
by the regulations as a container for the
5 purposes of this Part--
other than a prescribed exempt kind of
container.
Division 2--Administration of Scheme
132D Scheme administration agreements
10 (1) The Minister may enter into written
agreements (Scheme administration
agreements) with persons in connection with
the management and administration of the
Scheme.
15 (2) A Scheme administration agreement may
be--
(a) a Scheme Coordinator agreement; or
(b) a network operator agreement.
(3) The Minister may invite applications for
20 Scheme administration agreements in any
manner the Minister considers appropriate.
(4) An application for a Scheme administration
agreement must be accompanied by the fee
prescribed by or determined under the
25 regulations.
(5) In determining whether to enter into a
Scheme administration agreement, the
Minister--
(a) must consider whether the applicant is a
30 fit and proper person to enter into, and
fulfil the obligations imposed by, the
agreement; and
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(b) may consider any other matters the
Minister considers relevant.
(6) Without limiting the matters that the
Minister may consider in determining
5 whether a person is a fit and proper person
for the purposes of subsection (5), the
regulations may prescribe matters that the
Minister may consider in determining
whether an applicant is a fit and proper
10 person for the purposes of subsection (5).
(7) If the Minister enters into a Scheme
administration agreement with a person, the
Minister must not enter into another Scheme
administration agreement with that person if
15 the other agreement would operate at the
same time as the first agreement.
132E Content of Scheme administration
agreements
(1) A Scheme Coordinator agreement must
20 include provisions that require the Scheme
Coordinator to enter into and give effect to
the following arrangements--
(a) arrangements with suppliers (supply
arrangements) requiring the suppliers
25 to pay to the Scheme Coordinator
contributions towards the cost of the
management, administration and
operation of the Scheme;
(b) arrangements with network operators
30 (network arrangements) in connection
with the establishment, administration
and operation of collection points
requiring the Scheme Coordinator to
pay to the operators refund amounts
35 and associated administration and
handling costs for containers that are
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collected at the collection points
(and for which the collection point
operators are required to pay a refund
amount under Division 3);
5 (c) arrangements to ensure that the Scheme
Coordinator will have at any given time
sufficient funds to meet the reasonably
estimated costs of the payments the
Scheme Coordinator is required to
10 make under network arrangements for
the next 3 months.
(2) A network operator agreement must include
provisions requiring the network operator to
enter into and give effect to arrangements
15 with persons in connection with the
establishment and operation of collection
points (collection point arrangements)
requiring the network operator to pay to
those persons refund amounts and associated
20 handling costs for containers that are
collected at those collection points (and for
which a refund amount is payable under
Division 3).
(3) A Scheme administration agreement must
25 include such provisions as the Minister
considers necessary to ensure--
(a) that each Scheme arrangement required
under the agreement specifies a
methodology for determining the
30 amounts payable under the
arrangement; and
(b) that the Scheme Coordinator or
network operator to whom the
agreement applies does not act unfairly,
35 or unreasonably discriminate, against or
in favour of any particular Scheme
participant in negotiating, entering into,
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performing obligations under or
enforcing any Scheme arrangement;
and
(c) that the network operator to whom the
5 agreement applies will ensure that there
is a reverse vending machine placed
within the prescribed distance of a
retailer of a prescribed size; and
(d) that any unclaimed refund amounts are
10 paid into the Environment Protection
Fund established under section 441.
(4) A Scheme administration agreement may
provide for such other matters as the
Minister considers appropriate in relation to
15 the management, administration or operation
of the Scheme.
(5) A Scheme Coordinator agreement may
contain provisions relating to the exercise by
the Scheme Coordinator of similar functions
20 under the laws of other States and Territories
relating to container deposit schemes.
(6) Nothing in this section or any other
provision of this Division (except
section 132L) limits the matters for which a
25 Scheme administration agreement may
provide.
132F Approval of certain Scheme arrangements
(1) A Scheme Coordinator agreement may
require the Scheme Coordinator, before
30 entering into a network arrangement, to
apply to the Authority for approval of the
arrangement.
(2) A network operator agreement may require
the network operator, before entering into a
35 collection point arrangement, to apply to the
Authority for approval of the arrangement.
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132G Payment of refund amounts to material
recovery facility operators
(1) A Scheme Coordinator agreement may
require the Scheme Coordinator to pay to
5 material recovery facility operators refund
amounts (processing refunds) for containers
that are collected during the course of waste
management services and that are processed
by the operators for reuse or recycling.
10 (2) The Authority may, by order published in the
Government Gazette, issue a protocol
(a processing refund protocol) to be applied
in determining the amounts payable to
material recovery facility operators or other
15 parties as processing refunds under a Scheme
Coordinator agreement.
(3) Without limiting subsection (2), a processing
refund protocol may set out the means for
determining the estimated number of
20 containers received, processed or dispatched
by a material recovery facility operator,
including by the use of audit or monitoring
programs.
(4) A processing refund protocol may--
25 (a) apply generally or be limited in its
application by reference to specified
exceptions or factors; or
(b) apply differently according to different
factors of a specified kind; or
30 (c) authorise any matter to be from time to
time determined, applied or regulated
by any specified person or body.
(5) A processing refund protocol must comply
with any prescribed requirements.
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(6) A processing refund is not payable to a
material recovery facility operator unless a
processing refund protocol has been issued
under this section.
5 (7) Without limiting subsection (1) or (2) or
item 6.8H or 6.8I of Schedule 1, a Scheme
Coordinator agreement or the regulations
(or both) may make provision for--
(a) the material recovery facility operators
10 or classes of material recovery facility
operators who are entitled to claim
processing refund amounts; or
(b) the classes of containers for which
processing refunds are payable; or
15 (c) any other circumstances in which
processing refunds are payable, or to
whom the refunds are payable.
132H Inconsistent provisions void
(1) A provision of a Scheme Coordinator
20 agreement is, except as provided by the
regulations, void to the extent to which it is
inconsistent with--
(a) a provision of Division 3; or
(b) the regulations.
25 (2) A provision of a network operator agreement
is, except as provided by the regulations,
void to the extent to which it is inconsistent
with--
(a) a provision of Division 3; or
30 (b) the regulations.
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(3) A provision of a Scheme arrangement
entered into between a Scheme Coordinator
and any other Scheme participant is, except
as provided by the regulations, void to the
5 extent to which it is inconsistent with--
(a) a provision of the Scheme Coordinator
agreement that is applicable to the
Scheme Coordinator; or
(b) a provision of a network operator
10 agreement that is applicable to a
network operator with whom the
Scheme Coordinator has entered into a
network arrangement; or
(c) a provision of Division 3; or
15 (d) the regulations.
(4) A provision of a collection point
arrangement entered into between a network
operator and a collection point operator is,
except as provided by the regulations, void
20 to the extent to which it is inconsistent
with--
(a) a provision of the network operator
agreement that is applicable to that
network operator and that relates to that
25 arrangement; or
(b) a provision of Division 3; or
(c) the regulations.
132I Penalties for contravention
(1) The provisions of a Scheme administration
30 agreement may be enforced by penalty
provisions or in any other manner that the
agreement may provide.
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(2) A Scheme Coordinator or network operator
who contravenes a provision of a Scheme
administration agreement that is enforceable
by a penalty provision is liable to pay, as a
5 debt due to the State, an amount determined
in accordance with the agreement as the
penalty for the contravention.
(3) In this section, penalty provision means a
provision of a Scheme administration
10 agreement that provides for the payment of
an amount of penalty for the contravention of
a specified provision of the agreement.
(4) This section (and the provisions of Scheme
administration agreements authorised by this
15 section) have effect despite any other law.
132J Monitoring and enforcement of
compliance
(1) A Scheme administration agreement may--
(a) specify the monitoring, reporting and
20 audit requirements to be included in a
Scheme arrangement; and
(b) provide for the exercise of powers and
other functions under this Act by the
Authority (and authorised officers
25 appointed by the Authority) in
connection with the agreement; and
(c) require a Scheme arrangement to
provide for the exercise of powers and
other functions under this Act by the
30 Authority (and authorised officers
appointed by the Authority) in
connection with the arrangement; and
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(d) specify any other measures to be taken
by the Scheme Coordinator or network
operator to whom the agreement
applies to ensure that the parties
5 comply with a Scheme arrangement.
(2) If a Scheme administration agreement
provides, or a Scheme arrangement provides
(or is required under a Scheme
administration agreement to provide), for the
10 exercise of powers and other functions under
this Act in connection with the agreement or
arrangement, this Act extends to the exercise
of powers and other functions by the
Authority (and by authorised officers
15 appointed by the Authority) for the following
purposes--
(a) determining whether there has been
compliance with or a contravention of
the agreement or arrangement (or any
20 condition of an approval granted by the
Authority in relation to the
arrangement);
(b) obtaining information or records for
purposes connected with the monitoring
25 or audit of the activities of parties to the
agreement or arrangement in relation to
the performance of their obligations
under the agreement or arrangement.
(3) The provisions of this Act apply for any such
30 purpose as if the responsibilities and
functions of the Authority under this Act
included the matters referred to in
subsection (2).
(4) This section does not affect the exercise of
35 powers or other functions under this Act that
are authorised to be exercised without
reliance on this section.
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132K Term of Scheme Coordinator agreement
(1) The term of a Scheme Coordinator
agreement must not exceed 7 years.
(2) The Minister may, with the consent of the
5 Scheme Coordinator, extend the agreement
for a further period (not exceeding 3 years).
(3) The term of an agreement must not be
extended more than twice under subsection
(2) (that is, so that the agreement has effect
10 for a total period not exceeding 13 years).
132L Variation and termination of Scheme
administration agreement
(1) A Scheme administration agreement may be
varied or terminated by agreement in writing
15 between the Minister and the Scheme
participant.
(2) The Minister may, by notice in writing given
to the Scheme participant, vary or terminate
a Scheme administration agreement without
20 the consent of the Scheme participant--
(a) if the Minister is satisfied that the
Scheme participant has failed to meet
any performance target under the
agreement; or
25 (b) in any other circumstances authorised
by the agreement.
(3) Without limiting subsection (2), the Minister
may vary a Scheme administration
agreement without the consent of the
30 Scheme participant to provide for any
performance target or other matter required
by this Part or the regulations to be included
in the agreement.
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(4) A Scheme participant is not entitled to any
compensation as a result of the variation or
termination of a Scheme administration
agreement under subsection (2)(a) or (3).
5 (5) A provision of a Scheme administration
agreement is void to the extent to which it
purports to exclude, limit or modify the
operation of this section.
(6) In this section, Scheme participant, in
10 relation to a Scheme administration
agreement, means the Scheme Coordinator
or network operator who has entered into the
agreement.
132M Performance audit
15 (1) At the request of the Minister, the Authority
is to conduct a performance audit of the
activities of any Scheme Coordinator or
network operator in relation to the
performance of obligations under a Scheme
20 administration agreement.
(2) At the conclusion of the performance audit,
the Authority is to provide the Minister with
a report.
(3) If the Authority is of the opinion that a
25 Scheme Coordinator or network operator is
not complying with the Scheme
administration agreement, the Authority may
make recommendations to the Minister on
appropriate remedial actions to be taken.
30 132N Reports by Scheme Coordinator
(1) A Scheme Coordinator must, within 90 days
after the end of each financial year, prepare
and deliver to the Minister a report on the
following matters--
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(a) the performance of the Scheme
Coordinator by reference to the
performance targets under the Scheme
Coordinator agreement;
5 (b) the amounts charged to suppliers under
supply arrangements;
(c) any other matter prescribed by the
regulations.
(2) The Minister is to cause a copy of the report
10 to be tabled in each House of Parliament
within 9 months after receiving the report.
(3) A Scheme Coordinator must, within 14 days
of each quarter, arrange to be published on
the Authority's website and in any other
15 prescribed manner a report on--
(a) the rates of supply and collection of
beverage containers in the State for the
quarter; and
(b) the amount of refund amounts paid in
20 the State during the quarter; and
(c) any other prescribed information.
(4) In subsection (3), quarter means a period of
3 months ending on 31 March, 30 June,
30 September or 31 December each year.
25 132O Advisory committees
(1) The Minister may appoint such advisory
committees as the Minister considers
appropriate for the purpose of advising the
Minister in the exercise of the Minister's
30 functions under this Part.
(2) An advisory committee has the functions the
Minister may from time to time determine
for it.
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(3) Subject to subsection (4), the persons
appointed as members of an advisory
committee must, in the opinion of the
Minister, represent a range of interests and
5 expertise appropriate to the purpose for
which the committee is appointed.
(4) The Minister must appoint at least one
person to an advisory committee who, in the
opinion of the Minister, has expertise in
10 environment protection.
(5) An advisory committee member holds office
for the period specified in the instrument of
appointment of the committee member, but
the appointment may be terminated by the
15 Minister at any time.
(6) One of the advisory committee members, in
and by the instrument by which the
committee member is appointed or another
instrument made by the Minister, is to be
20 appointed as chairperson of the committee.
(7) An advisory committee member is entitled to
be paid the fees and allowances (if any)
determined from time to time by the Minister
in respect of the committee member.
25 (8) Subject to the regulations and any directions
of the Minister, the procedure of an advisory
committee appointed under this section is to
be determined by the advisory committee.
(9) The Minister may dissolve an advisory
30 committee appointed under this section.
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Division 3--Supply and collection of
containers
Subdivision 1--Supply of beverages in
containers
5 132P Meaning of supplier in relation to sale by
vending machine
For the purposes of this Subdivision, a
person is a supplier in relation to the supply
of a beverage by vending machine if the
10 person is the lessee or, if there is no lessee,
the owner of the vending machine.
132Q Offence to supply beverage without
supply arrangement with Scheme
Coordinator and container approval
15 (1) A supplier must not supply or offer to supply
a beverage in a container to any person
without--
(a) a supply arrangement in force between
the supplier and a Scheme Coordinator
20 in respect of a class of containers to
which the container belongs; and
(b) a container approval in force in respect
of that class of containers.
Penalty: In the case of a natural person,
25 700 penalty units;
In the case of a body corporate,
2500 penalty units.
(2) This section applies only to the first supply
in the State of the beverage in the container.
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(3) In proceedings for an offence against this
section, if it is established that the beverage
in the container has been supplied in the
State, the onus of establishing that the supply
5 is not a first supply in the State lies on the
defendant.
132R Offence not to have refund markings on
containers
A supplier must not supply or offer to supply
10 a beverage in a container without a refund
marking to any person.
Penalty: In the case of a natural person,
700 penalty units;
In the case of a body corporate,
15 2500 penalty units.
132S Container approvals
(1) A supplier may apply to the Authority for a
container approval.
(2) An application for a container approval
20 must--
(a) be in a form approved by the Authority;
and
(b) contain or be accompanied by the
information required by the Authority
25 (as indicated in the form or in material
accompanying the form); and
(c) be accompanied by the prescribed fee.
(3) The Authority may grant a container
approval to the applicant subject to any
30 conditions that are prescribed or specified in
the approval if the Authority is satisfied
that--
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(a) a supply arrangement is in force
between the applicant and a Scheme
Coordinator; and
(b) if the labelling for containers of the
5 class to which the application relates
includes a refund marking; and
(c) any other prescribed matters have been
satisfied.
(4) The Authority may suspend or revoke a
10 container approval on any prescribed
grounds.
(5) A person may apply to VCAT for review of
any of the following decisions--
(a) the refusal of the Authority to grant a
15 container approval to the person;
(b) a condition imposed by the Authority in
relation to a container approval granted
to the person;
(c) the suspension or revocation of a
20 container approval granted to the
person.
(6) For the purposes of a review referred to in
subsection (5), an application for the grant of
a container approval is taken to have been
25 refused if the approval is not granted within
28 days after the application is made in
accordance with this section.
(7) The holder of a container approval must not
contravene a condition of the approval.
30 Penalty: In the case of a natural person,
40 penalty units;
In the case of a body corporate,
150 penalty units.
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Subdivision 2--Collection of containers
132T Definition
In this Subdivision, refund declaration
means a declaration containing the
5 prescribed information.
132U Refund amounts payable by collection
point operators
(1) Subject to section 132V, if a person presents
an empty container to a collection point for
10 the purpose of claiming a refund amount, the
collection point operator must not--
(a) refuse delivery of the container; or
(b) fail to pay to the person the refund
amount for the container in accordance
15 with subsection (3).
Penalty: In the case of a natural person,
20 penalty units;
In the case of a body corporate,
40 penalty units.
20 (2) Subsection (1) does not apply--
(a) if the container for which the refund
amount is claimed does not bear a
refund marking; or
(b) if the collection point operator
25 reasonably believes--
(i) that the container was not
acquired in the State or in a
jurisdiction in which a
corresponding law is in force; or
30 (ii) that the container was acquired
before the commencement of this
Part; or
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(iii) that a refund amount has
previously been paid for the
container at any collection point;
or
5 (iv) that the container has previously
been processed by a material
recovery facility operator for reuse
or recycling and a Scheme
Coordinator has made, or is
10 required to make, a payment in
respect of the container to that
operator under a Scheme
Coordinator agreement; or
(c) if the person has refused to comply
15 with a requirement of the operator
under section 132V; or
(d) in any other prescribed circumstances.
(3) A refund amount that is payable under this
section must be paid--
20 (a) in cash or in any other prescribed
manner; and
(b) at the time the collection point operator
accepts delivery of the container, or at
any later time in accordance with the
25 regulations.
(4) Subsection (3)(a) does not prevent a
collection point arrangement making further
provision for limiting the manner in which a
collection point operator may pay refund
30 amounts.
(5) For the purposes of subsection (1), the
collection point operator in relation to a
reverse vending machine is taken not to
accept the delivery of a container if the
35 container is inserted into, and rejected by, the
machine.
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(6) For the purposes of subsection (3)(b), the
collection point operator in relation to a
reverse vending machine is taken not to have
paid a refund amount at the time the operator
5 accepts delivery of the container if--
(a) the container is inserted into, and not
rejected by, the machine; and
(b) the machine fails to dispense payment
of a refund amount for the container.
10 132V Refund declarations and proof of identity
(1) A collection point operator may require any
person who presents a container to the
collection point for the purpose of claiming a
refund amount to provide to the operator a
15 refund declaration.
(2) A collection point operator may refuse to pay
to a person a refund amount if the operator is
not satisfied as to the identity of the person.
(3) A collection point operator must not pay to a
20 person a refund amount in either of the
following circumstances unless the person
has provided to the operator a refund
declaration and proof of the person's
identity--
25 (a) if the number of containers for which
the person is claiming a refund amount
at the collection point exceeds the
number prescribed by the regulations;
(b) if the operator knows, or ought
30 reasonably to know, that the total
number of containers presented to the
collection point by the person, and all
other persons acting on the person's
behalf, within the period prescribed for
35 the purpose of claiming a refund has
exceeded the prescribed number.
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Part 2--Amendments to the Environment Protection Act 2017
(4) This section does not apply in relation to
containers collected, or refund amounts paid,
by means of a reverse vending machine.
(5) A collection point operator must not fail to
5 keep such records relating to refunds paid
by, and proof of identity documentation
provided to, the operator as are prescribed
for at least 3 years.
Penalty: 40 penalty units.
10 132W Offence to claim refund for containers not
subject to Scheme
(1) A person must not present a container to a
collection point for the purpose of claiming a
refund amount if the person knows, or ought
15 reasonably to know--
(a) that the container was not acquired in
the State or in a jurisdiction in which a
corresponding law is in force; or
(b) that the container was acquired before
20 the commencement of this Part; or
(c) that a refund amount has previously
been paid for the container at any
collection point; or
(d) that the container has previously been
25 processed by a material recovery
facility operator for reuse or recycling
and a Scheme Coordinator has made, or
is required to make, a payment in
respect of the container to that operator
30 under a Scheme Coordinator
agreement.
Penalty: In the case of a natural person,
40 penalty units;
In the case of a body corporate,
35 160 penalty units.
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(2) A Scheme participant must not issue to a
Scheme administrator an invoice or other
statement claiming a refund amount payable
to the Scheme participant by the Scheme
5 administrator for a container under a Scheme
arrangement if the Scheme participant
knows, or ought reasonably to know--
(a) that the container was not acquired in
the State or in a jurisdiction in which a
10 corresponding law is in force; or
(b) that the container was acquired before
the commencement of this Part; or
(c) that a refund amount has been paid for
the container on more than
15 one occasion at any one or more
collection points; or
(d) that the container has previously been
processed by a material recovery
facility operator for reuse or recycling
20 and a Scheme Coordinator has made, or
is required to make, a payment in
respect of the container to that operator
under a Scheme Coordinator
agreement.
25 Penalty: In the case of a natural person,
40 penalty units;
In the case of a body corporate,
160 penalty units.
(3) In this section--
30 Scheme administrator means a network
operator or Scheme Coordinator;
Scheme participant means a collection point
operator or network operator.
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Part 2--Amendments to the Environment Protection Act 2017
Division 4--Miscellaneous
132X Reviews by VCAT
The Minister must not recommend the
making of a regulation containing provisions
5 described in item 6.8H or 6.8I of Schedule 1
unless the Minister certifies that the Minister
administering the Victorian Civil and
Administrative Tribunal Act 1998 has
agreed to the provisions.
10 132Y False or misleading information
A person must not provide any information
that the person knows is false or misleading
in a material particular--
(a) in connection with a claim for payment
15 under a Scheme arrangement or a
payment required to be made under a
Scheme Coordinator agreement; or
(b) in purported compliance with any
requirement imposed by or under this
20 Part or under regulations made under
this Part.
Penalty: In the case of a natural person,
700 penalty units;
In the case of a body corporate,
25 2500 penalty units.
132Z Sign at retail premises
(1) The Authority may, by written notice,
require a beverage retailer of a beverage in a
container to ensure there is placed at the
30 premises where the retailer supplies the
beverage a sign stating--
(a) a refund amount will be paid for the
delivery of an empty container to a
collection point; and
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(b) the location of collection points in the
vicinity of the premises.
(2) A retailer must comply with a notice under
subsection (1).
5 Penalty: 20 penalty units.
132ZA Review of Part
(1) The Minister is to review this Part to
determine whether the policy objectives of
the Part remain valid and whether the terms
10 of the Part remain appropriate for securing
those objectives.
(2) The Minister must undertake the review as
soon as possible after the expiry of 4 years
after the date of commencement of the
15 Environment Protection Amendment
(Refund on Bottles and Cans) Act 2019.
(3) The Minister must cause to be tabled in each
House of Parliament a report on the outcome
of the review within 12 months after the
20 review is completed.".
7 Schedule 1--Regulations
After item 6.8 in Schedule 1 to the Principal Act
insert--
"6.8A Regulating the content of Scheme
25 arrangements made under Scheme
administration agreements, including
performance targets under Scheme
administration agreements.
6.8B Regulating the variation and termination of
30 Scheme administration agreements.
6.8C Regulating or prohibiting matters relating to
approvals and applications for approvals
under Part 6.3A.
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6.8D Prescribing fees for applications and
approvals under Part 6.3A.
6.8E Regulating the processing of refunds and
claims for processing refunds under
5 Part 6.3A, including--
(a) regulating the manner in which a claim
for a processing refund is made by a
material recovery facility operator;
(b) regulating the assessment of claims for
10 processing refunds;
(c) regulating and prohibiting the disposal
to landfill or by incineration of
containers in respect of which claims
for the payment of processing refunds
15 have been made by material recovery
facility operators;
(d) regulating and prohibiting the making
of claims for the payment of processing
refunds in respect of containers that
20 have been disposed of to landfill or by
incineration.
6.8F Regulating and prohibiting--
(a) the material recovery facility operators
or classes of material recovery facility
25 operators who are entitled to claim
processing refund amounts; and
(b) the classes of containers for which
processing refunds are payable; and
(c) other circumstances in which
30 processing refunds are payable.
6.8G Regulating matters relating to performance
audits under Part 6.3A.
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6.8H Prescribing decisions under Part 6.3A that
are reviewable decisions for the purposes of
Division 2 of Part 14.2.
6.8I The persons or class of persons who are
5 eligible persons in relation to reviewable
decisions made under Part 6.3A for the
purposes of Division 2 of Part 14.2.".
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Part 3--Repeal of this Act
Part 3--Repeal of this Act
8 Repeal of this Act
This Act is repealed on 1 March 2022.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
By Authority. Government Printer for the State of Victoria.
591PM58B.I-8/10/2019 33 BILL LC INTRODUCTION 8/10/2019
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