South Australian Current Acts

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ENVIRONMENT PROTECTION ACT 1993 - SECT 65

65—Interpretation

In this Division—

"approved collection depot", means a collection depot in respect of which an approval under section 69 is in force;

"approved refund marking", in relation to containers of a particular class, means a marking specified by the Authority as a condition of an approval under section 68 for containers of that class indicating the refund amount for the containers;

"beverage" means a liquid intended for human consumption by drinking but does not include a liquid of a kind excluded from the ambit of this definition by the regulations;

"category A container" means a container of a class approved by the Authority under section 68 as category A containers, being a container that may, subject to this Division, be presented for a refund at a place in the State where beverages are sold by retail in containers of that class;

"category B container" means a container of a class approved by the Authority under section 68 as category B containers, being a container that may, subject to this Division, be presented at a collection depot for a refund;

"collection depot" means a facility or premises for the collection and handling of category B containers delivered to the facility or premises in consideration of the payment of refund amounts, and includes a facility or premises of a kind prescribed by regulation;

"container" means—

            (a)         a container that—

                  (i)         is made for the purpose of containing a beverage; and

                  (ii)         when filled with the beverage, is sealed for the purposes of storage, transport and handling prior to its sale or delivery for the use or consumption of its contents; or

            (b)         a container of a kind prescribed by regulation;

"corresponding law" means a law of another State or a Territory of the Commonwealth declared by the regulations to be a corresponding law for the purposes of this Division;

"Food Standards Code" has the same meaning as in the Food Act 2001 ;

"glass container" means a container made of glass whether alone or in combination with any other substance or thing;

"refund amount", in relation to a container of a particular class, means an amount prescribed as the refund amount for containers of that class;

"retailer" means a person whose business is or includes that of selling a beverage for the purpose of the use or consumption of that beverage and, in the case of such sale by means of a vending machine, includes the owner of that vending machine unless the owner has let out the machine on hire to some other person, in which case the expression includes that other person;

"spirituous liquor" means—

            (a)         a liqueur or other alcoholic beverage produced by distillation (for example, brandy, gin, rum, vodka or whisky); or

            (b)         a beverage of a kind prescribed by regulation,

but does not include—

            (c)         a pre-mixed beverage containing a beverage referred to in paragraph (a) or (b) and another beverage; or

            (d)         a pre-mixed beverage of a kind excluded from the ambit of this definition by the regulations;

"super collector" means—

            (a)         a person who, whether personally or through an agent, collects, handles and delivers for reuse, recycling or other disposal, containers received from collection depots; or

            (b)         a person who carries on activities of a kind prescribed by regulation;

"waste management arrangement", in relation to containers of a particular class, means an arrangement for the collection, sorting and aggregation of containers of that class when empty and their reuse, recycling or other disposal;

"wine" means—

            (a)         a beverage produced by fermentation of grapes (whether or not with additives permitted under Standard 2.7.4 of the Food Standards Code ); or

            (b)         a beverage that is a blend of a beverage referred to in paragraph (a) and other grape products; or

            (c)         a beverage of a kind prescribed by regulation,

but does not include—

            (d)         a pre-mixed beverage containing a beverage referred to in paragraph (a), (b) or (c) and another beverage that is not a grape product; or

            (e)         a pre-mixed beverage of a kind excluded from the ambit of this definition by the regulations.



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