(1)  For the avoidance of doubt, the scheme does not apply to an approved container that is held at a material recovery facility, or another facility operated by a material recovery facility operator, immediately before the commencement of section 10 of the Act.

(2)  For the purposes of determining the number of approved containers held at a material recovery facility, or another facility, operated by a material recovery facility operator immediately before the commencement of section 10 of the Act, the scheme coordinator –

(a) may appoint a person –

(i) to undertake an audit of each material recovery facility, or other facility, operated by the material recovery facility operator; and

(ii) to provide the scheme coordinator with a report, within 10 days after this regulation commences, on the results of that audit; and

(b) is to pay the reasonable costs of a person appointed under paragraph (a) incurred in performing an audit, or preparing a report, under that paragraph.

(3)  A scheme coordinator may only appoint a person under subregulation (2)(a) if the scheme coordinator is satisfied that the person –

(a) has the appropriate skills, and qualifications, to undertake an audit of a material recovery facility or other facility; and

(b) does not have a direct, indirect or perceived conflict of interest in relation to undertaking an audit, or preparing a report, in respect of a material recovery facility or material recovery facility operator.

(4)  A material recovery facility operator must comply with any reasonable request of a person appointed under subregulation (2)(a) in respect of a material recovery facility, or other facility, operated by the operator.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) an individual, a fine not exceeding 50 penalty units.

Displayed and numbered in accordance with the Rules Publication Act 1953 .

Notified in the Gazette on 27 December 2023

These regulations are administered in the Department of Natural Resources and Environment Tasmania.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations provide for the following matters, in respect of the container refund scheme, for the purposes of the Container Refund Scheme Act 2022 :

(a) prescribing certain containers as being exempt from the scheme;

(b) specifying who is the first responsible supplier under the scheme;

(c) specifying the circumstances in which a refund is not payable under the scheme;

(d) prescribing –

(i) the refund amount payable under the scheme in respect of a container; and

(ii) the marks required to be displayed on a container for a refund to be payable under the scheme; and

(iii) the maximum number of containers that may be deposited under the scheme at any one time;

(e) prescribing certain requirements for scheme participants;

(f) providing for guidelines to be published in respect of that Act and the scheme.