Northern Territory Consolidated Acts Northern Territory Consolidated ActsIn this Act:
"accepted container" means:
(a) in relation to a CDS coordinator – a container that has been accepted by the coordinator from the operator of an approved collection depot as required under section 20; or
(b) in relation to the operator of an approved collection depot – a container that has been accepted by the operator as required under section 18.
"acting in an official capacity", in relation to an authorised officer, means the officer is exercising powers or performing functions under, or otherwise related to the administration of, this Act.
"administration", of this Act, includes enforcement.
"affected person", for a decision, means:
(a) for a decision in relation to an application for a CDS approval or registration – the applicant; or
(b) for any decision in relation to which the holder of a CDS approval or a CDS supplier is given a review notice – the holder of the CDS approval or the CDS supplier.
"approved collection depot", means a collection depot for which a collection approval is in force.
"approved form" means a form approved under section 85.
"approved refund marking", for a regulated container, means a marking or labelling about the refund amount prescribed by regulation for the container.
"Australian Standard" means a standard published by Standards Australia Limited ABN 85 087 326 690.
"authorised officer", see section 87(1).
"beverage", see section 7.
beverage retailer , see section 8.
"biodegradable bag", see section 52.
"CDS", see section 10.
"CDS approval "means a collection approval or coordinator approval.
"CDS coordinator" means:
(a) a person who, whether personally or through an agent:
(i) coordinates the activities of CDS participants under the CDS; and
(ii) collects, handles and delivers for reuse, recycling or other appropriate disposal, regulated containers received from collection depots; or
(b) a person who carries on activities of a kind prescribed by regulation.
"CDS participant" means each of the following:
(a) a CDS coordinator or operator of a collection depot;
(b) a manufacturer, distributor or beverage retailer of regulated containers;
(c) others carrying out activities relating to the collection, reuse, recycling or other appropriate disposal of regulated containers.
"CDS supplier" means a person who is registered as a CDS supplier under Part 2, Division 6A.
"collection approval "means an approval under Part 2, Division 6 to operate a collection depot.
"collection depot" means a facility or premises for the collection and handling of regulated containers delivered to the facility or premises in consideration of the payment of refund amounts for containers, and includes:
(a) a reverse vending machine; and
(b) another facility or premises of a kind prescribed by regulation.
"Commonwealth CCA" means the Competition and Consumer Act 2010 (Cth).
"condition", for Part 2, Division 6, Subdivision 2, see section 29.
"connected", for Part 4, see section 61.
"container", see section 6.
"container identification document", see section 41D(1)(c)(i).
"contaminated", in relation to a container, means the container:
(a) is unclean; or
(b) is affected by a contaminant, including, for example, oil, paint, sand and stones.
"coordinator" approval means an approval under Part 2, Division 6 to carry on business as a CDS coordinator.
"coordinator arrangement" means a waste management arrangement made between CDS coordinators.
"corresponding jurisdiction" means a jurisdiction in which a corresponding law is in force.
"corresponding law" means a law of a State or another Territory that:
(a) establishes a scheme:
(i) regulating the supply of beverage containers; and
(ii) providing for the payment of refunds on the return of empty beverage containers to collection depots; and
(b) is declared by regulation to be a corresponding law.
"manufacturer" includes a person who fills containers, or imports containers, for sale in the Territory.
"material type", of a permitted container, see section 8A.
"NT EPA" means the Northern Territory Environment Protection Authority established by section 6 of the Northern Territory Environment Protection Authority Act 2012 .
"occupier", for Part 4, see section 60.
"on", for Part 4, see section 60.
"operator", of a collection depot, means the entity carrying out the functions of the depot.
"operator arrangement" means a waste management arrangement made between an operator of an approved collection depot and a CDS coordinator.
permitted container means a regulated container that:
(a) is supplied in the Territory by a CDS supplier; and
(b) bears the approved refund marking.
"phase out period", see section 53(1).
"place", for Part 4, see section 60.
"premises", for Part 4, see section 60.
"prohibited plastic bag", see section 51.
"prohibition day", see section 53(2).
"quarter" means each 3 month period during a financial year.
"refund amount", for a permitted container, means the amount prescribed by regulation for the container.
"registration" means registration as a CDS supplier under Part 2, Division 6A.
"regulated container" means a container to which the CDS applies.
Note
Under section 9, containers may be exempted by regulation from the application of the CDS. Under section 42 of the Interpretation Act, a regulation may exempt a class of containers, including, for example, containers made of certain materials and containers used for certain beverages.
reverse vending machine means a device that:
(a) accepts empty permitted containers by scanning the barcode on the containers or in another way recognises containers as permitted containers; and
(b) dispenses the refund amount for the containers placed in the device.
"review" notice , for a decision, means a written notice stating:
(a) the decision; and
(b) the reasons for the decision; and
(c) the following details:
(i) an affected person may apply for a review of the merits of the decision;
(ii) the period allowed for applying for the review;
(iii) how to apply for the review.
"sell" includes:
(a) supply on a gratuitous basis for commercial promotional purposes; and
(b) offer or display for sale or such supply.
"start", of the CDS, means the date on which Part 2 commences.
"supplier arrangement "means a waste management arrangement made between a person who is, or intends to apply to become, a CDS supplier and a CDS coordinator.
"supplier sales document", see section 41D(1)(c)(ii).
"variation", for Part 2, Division 6, Subdivision 2, see section 29.
"waste management arrangement", see section 11.
Note for section 4
The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.