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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Environment Protection Amendment (Container
Deposit Scheme) Bill 2018
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 2
3 Principal Act 2
Part 2--Amendments to the Environment Protection Act 1970 3
4 Principle of product stewardship 3
5 New Part IIIA inserted 3
Part 3--Further amendment to the Environment Protection
Act 1970 32
6 New Part IIIB inserted 32
Part 4--Repeal of amending Act 33
7 Repeal of amending Act 33
═════════════
Endnotes 34
1 General information 34
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PARLIAMENT OF VICTORIA
Introduced in the Council by Ms Nina Springle
Environment Protection Amendment
(Container Deposit Scheme) Bill 2018
A Bill for an Act to amend the Environment Protection Act 1970
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 Purposes
The purpose of this Act is to amend the
Environment Protection Act 1970 to promote
5 the recovery, reuse and recycling of empty
beverage containers by establishing a cost
effective State-wide container deposit scheme.
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Part 1--Preliminary
2 Commencement
(1) This Act, except for section 6, comes into
operation on 1 November 2019.
(2) Section 6 comes into operation on 1 January 2022.
5 3 Principal Act
In this Act, the Environment Protection
Act 1970 is called the Principal Act.
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Part 2--Amendments to the Environment Protection Act 1970
Part 2--Amendments to the
Environment Protection Act 1970
4 Principle of product stewardship
At the end of section 1H of the Principal Act
5 insert--
"(2) In particular, the beverage industry and
consumers of beverage products have a
shared responsibility with Government
to reduce and deal with waste generated
10 by beverage product packaging.".
5 New Part IIIA inserted
After Part III of the Principal Act insert--
"Part IIIA--Container deposit
scheme
15 Division 1--Preliminary
31F Definitions
In this Part--
beverage has the meaning set out in
section 31G;
20 collection point means--
(a) any facility or premises for
the collection and handling
of containers delivered to
the facility or premises in
25 consideration of the payment
of refund amounts; or
(b) a reverse vending machine; or
(c) any other facility or premises
of a kind prescribed by the
30 regulations;
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Part 2--Amendments to the Environment Protection Act 1970
collection point arrangement has the
meaning set out in section 31J;
collection point operator, in relation to a
collection point, means--
5 (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
10 (b) if there is no collection
point arrangement in force
in respect of the collection
point--a network operator
who administers and operates
15 the collection point;
container has the meaning set out in
section 31H;
container approval means a container
approval issued and in force under
20 Division 3;
corresponding law means a law of another
State or a Territory that is prescribed
to be a corresponding law for the
purposes of this Part;
25 material recovery facility operator means--
(a) a person who carries on a business
that is or includes the processing
for reuse or recycling of domestic
waste designated for recycling
30 and collected by that or any
other person during the course
of domestic waste management
services and who is approved
in writing by the Authority as a
35 material recovery facility operator
for the purposes of this Part; or
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Part 2--Amendments to the Environment Protection Act 1970
(b) any other person of a prescribed
class;
network arrangement has the meaning set
out in section 31J;
5 network operator means--
(a) a person with whom the Minister
enters into a network operator
agreement; or
(b) in relation to a network operator
10 agreement, the person with whom
the Minister enters into the
agreement;
network operator agreement has the
meaning set out in section 31I;
15 refund amount means the amount prescribed
as a refund amount for the purposes of
this Part;
refund marking, in relation to a container,
means a marking or labelling that
20 complies with the prescribed
requirements;
reverse vending machine means a machine
or other device from which refund
amounts can be obtained by an
25 operation that involves inserting
empty containers into the device,
whether or not some other action is
required to activate the device;
Scheme means the container deposit scheme
30 established by this Part;
Scheme administration agreement has the
meaning set out in section 31I;
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Part 2--Amendments to the Environment Protection Act 1970
Scheme arrangement means--
(a) a supply arrangement, or
(b) a network arrangement, or
(c) a collection point arrangement.
5 Scheme Coordinator means the person
with whom the Minister enters into
a Scheme Coordinator agreement;
Scheme Coordinator agreement has the
meaning set out in section 31I;
10 Scheme participant means--
(a) a Scheme Coordinator; or
(b) a network operator; or
(c) a supplier who has entered
into a supply arrangement
15 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 of beverages in containers,
20 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 a business;
25 supply arrangement has the meaning set
out in section 31J.
31G Meaning of beverage
In this Part, beverage means a liquid
intended for human consumption by
30 drinking, other than a prescribed exempt
kind of liquid.
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Part 2--Amendments to the Environment Protection Act 1970
31H Meaning of container
In this Part, container means--
(a) a container that is designed to contain a
beverage and to be sealed (when filled
5 with the beverage) for the purposes of
transport or storage before its sale, or
delivery, for the use or consumption of
its contents; or
(b) any other container of a kind prescribed
10 by the regulations as a container for the
purposes of this Part--
other than a prescribed exempt kind of
container.
Division 2--Administration of Scheme
15 31I Scheme administration agreements
(1) The Minister may enter into written
agreements (Scheme administration
agreements) with persons in connection
with the management and administration
20 of the Scheme.
(2) A Scheme administration agreement may
be--
(a) a Scheme Coordinator agreement; or
(b) a network operator agreement.
25 (3) The Minister may invite applications for
Scheme administration agreements in any
manner the Minister considers appropriate.
(4) An application for a Scheme administration
agreement must be accompanied by the fee
30 prescribed by or determined under the
regulations.
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(5) In determining whether to enter into a
Scheme administration agreement, the
Minister--
(a) must consider whether the applicant is
5 a fit and proper person to enter into,
and fulfil the obligations imposed by,
the agreement; and
(b) may consider any other matters the
Minister considers relevant.
10 (6) Without limiting the matters that the
Minister may consider in determining
whether a person is a fit and proper
person for the purposes of subsection (5),
the regulations may prescribe matters that
15 the Minister may consider in determining
whether an applicant is a fit and proper
person for the purposes of subsection (5).
(7) If the Minister enters into a Scheme
administration agreement with a person,
20 the Minister must not enter into another
Scheme administration agreement with
that person if the other agreement would
operate at the same time as the first
agreement.
25 31J Content of Scheme administration
agreements
(1) A Scheme Coordinator agreement must
include provisions that require the Scheme
Coordinator to enter into and give effect to
30 the following arrangements--
(a) arrangements with suppliers (supply
arrangements) requiring the suppliers
to pay to the Scheme Coordinator
contributions towards the cost of the
35 management, administration and
operation of the Scheme;
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(b) arrangements with network operators
(network arrangements) in connection
with the establishment, administration
and operation of collection points
5 requiring the Scheme Coordinator to
pay to the operators refund amounts
and associated administration and
handling costs for containers that are
collected at the collection points (and
10 for which the collection point operators
are required to pay a refund amount
under Division 3);
(c) arrangements to ensure that the Scheme
Coordinator will have at any given time
15 sufficient funds to meet the reasonably
estimated costs of the payments the
Scheme Coordinator is required to
make under network arrangements for
the next 3 months.
20 (2) A network operator agreement must include
provisions requiring the network operator to
enter into and give effect to arrangements
with persons in connection with the
establishment and operation of collection
25 points (collection point arrangements)
requiring the network operator to pay to
those persons refund amounts and associated
handling costs for containers that are
collected at those collection points (and for
30 which a refund amount is payable under
Division 3).
(3) A Scheme administration agreement must
include such provisions as the Minister
considers necessary to ensure--
35 (a) that each Scheme arrangement
required under the agreement
specifies a methodology for
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determining the amounts payable
under the arrangement; and
(b) that the Scheme Coordinator or
network operator to whom the
5 agreement applies does not act
unfairly, or unreasonably discriminate,
against or in favour of any particular
Scheme participant in negotiating,
entering into, performing obligations
10 under or enforcing any Scheme
arrangement; and
(c) that the network operator to whom the
agreement applies will ensure that there
is a reverse vending machine placed
15 within the prescribed distance of a
retailer of a prescribed size; and
(d) that any unclaimed refund amounts are
paid into the Environment Protection
Fund established under section 70.
20 (4) A Scheme administration agreement may
provide for such other matters as the
Minister considers appropriate in relation
to the management, administration or
operation of the Scheme.
25 (5) The regulations may make provision for
or with respect to the performance targets
(including by reference to any specified
network of collection points or area of
operation) and any other matters to be
30 included in a Scheme administration
agreement.
(6) A Scheme Coordinator agreement may
contain provisions relating to the exercise by
the Scheme Coordinator of similar functions
35 under the laws of other States and Territories
relating to container deposit schemes.
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(7) Nothing in this section or any other
provision of this Division (except
section 31Q) limits the matters for which
a Scheme administration agreement may
5 provide.
31K Approval of certain Scheme arrangements
(1) A Scheme Coordinator agreement may
require the Scheme Coordinator, before
entering into a network arrangement, to
10 apply to the Authority for approval of the
arrangement.
(2) A network operator agreement may require
the network operator, before entering into a
collection point arrangement, to apply to the
15 Authority for approval of the arrangement.
(3) The regulations may make provision for or
with respect to approvals and applications
for approvals, including for or with respect
to the payment of application fees and
20 approval fees to the Authority by the Scheme
Coordinator and network operators and to
the revocation of approvals by the Authority.
31L Regulations relating to content of Scheme
arrangements
25 The regulations may make provision for
or with respect to the content of Scheme
arrangements made under a Scheme
administration agreement.
31M Payment of refund amounts to material
30 recovery facility operators
(1) A Scheme Coordinator agreement may
require the Scheme Coordinator to pay to
material recovery facility operators refund
amounts (processing refunds) for containers
35 that are collected during the course of waste
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Part 2--Amendments to the Environment Protection Act 1970
management services and that are processed
by the operators for reuse or recycling.
(2) The Authority may, by order published in
the Government Gazette, issue a protocol
5 (a processing refund protocol) to be applied
in determining the amounts payable to
material recovery facility operators or other
parties as processing refunds under a Scheme
Coordinator agreement.
10 (3) Without limiting subsection (2), a processing
refund protocol may set out the means for
determining the estimated number of
containers received, processed or dispatched
by a material recovery facility operator,
15 including by the use of audit or monitoring
programs.
(4) A processing refund protocol may--
(a) apply generally or be limited in
its application by reference to
20 specified exceptions or factors; or
(b) apply differently according to different
factors of a specified kind; or
(c) authorise any matter to be from time to
time determined, applied or regulated
25 by any specified person or body.
(5) A processing refund protocol must comply
with any prescribed requirements.
(6) A processing refund is not payable to a
material recovery facility operator unless a
30 processing refund protocol has been issued
under this section.
(7) The regulations may make provision for
or with respect to processing refunds and
claims for processing refunds, including
35 for or with respect to the following matters--
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(a) the manner in which a claim for a
processing refund is required to be
made by a material recovery facility
operator;
5 (b) the assessment of claims for processing
refunds;
(c) prohibiting the disposal to landfill or
by incineration of containers in respect
of which claims for the payment of
10 processing refunds have been made
by material recovery facility operators;
(d) prohibiting the making of claims for
the payment of processing refunds in
respect of containers that have been
15 disposed of to landfill or by
incineration.
(8) Without limiting subsection (1), (2) or (7),
a Scheme Coordinator agreement or the
regulations (or both) may make provision
20 for--
(a) the material recovery facility operators
or classes of material recovery facility
operators who are entitled to claim
processing refund amounts; or
25 (b) the classes of containers for which
processing refunds are payable; or
(c) any other circumstances in which
processing refunds are payable, or to
whom the refunds are payable.
30 31N Inconsistent provisions void
(1) A provision of a Scheme Coordinator
agreement is, except as provided by the
regulations, void to the extent to which it
is inconsistent with--
35 (a) a provision of Division 3; or
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(b) any regulations made under section 31J,
31K or 31L.
(2) A provision of a network operator agreement
is, except as provided by the regulations,
5 void to the extent to which it is inconsistent
with--
(a) a provision of Division 3; or
(b) any regulations made under section 31J
or 31L.
10 (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
extent to which it is inconsistent with--
15 (a) a provision of the Scheme Coordinator
agreement that is applicable to the
Scheme Coordinator; or
(b) a provision of a network operator
agreement that is applicable to a
20 network operator with whom the
Scheme Coordinator has entered
into a network arrangement; or
(c) a provision of Division 3; or
(d) any regulations made under
25 section 31L.
(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
30 regulations, void 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
35 that arrangement; or
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(b) a provision of Division 3; or
(c) any regulations made under
section 31L.
31O Penalties for contravention
5 (1) The provisions of a Scheme administration
agreement may be enforced by penalty
provisions or in any other manner that the
agreement may provide.
(2) A Scheme Coordinator or network operator
10 who contravenes a provision of a Scheme
administration agreement that is enforceable
by a penalty provision is liable to pay, as a
debt due to the State, an amount determined
in accordance with the agreement as the
15 penalty for the contravention.
(3) In this section, penalty provision means
a provision of a Scheme administration
agreement that provides for the payment of
an amount of penalty for the contravention
20 of a specified provision of the agreement.
(4) This section (and the provisions of Scheme
administration agreements authorised by this
section) have effect despite any other law.
31P Monitoring and enforcement of
25 compliance
(1) A Scheme administration agreement may--
(a) specify the monitoring, reporting and
audit requirements to be included in
a Scheme arrangement; and
30 (b) provide for the exercise of powers
and other functions under this Act by
the Authority (and authorised officers
appointed by the Authority) in
connection with the agreement; and
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(c) require a Scheme arrangement to
provide for the exercise of powers
and other functions under this Act by
the Authority (and authorised officers
5 appointed by the Authority) in
connection with the arrangement; and
(d) specify any other measures to be taken
by the Scheme Coordinator or network
operator to whom the agreement
10 applies to ensure that the parties
comply with a Scheme arrangement.
(2) If a Scheme administration agreement
provides, or a Scheme arrangement
provides (or is required under a Scheme
15 administration agreement to provide), for
the 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
20 by the Authority (and by authorised officers
appointed by the Authority) for the following
purposes--
(a) determining whether there has been
compliance with or a contravention
25 of the agreement or arrangement
(or any condition of an approval
granted by the Authority in relation
to the arrangement);
(b) obtaining information or records for
30 purposes connected with the monitoring
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.
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(3) The provisions this Act apply for any
such purpose as if the responsibilities
and functions of the Authority under this
Act included the matters referred to in
5 subsection (2).
(4) This section does not affect the exercise of
powers or other functions under this Act
that are authorised to be exercised without
reliance on this section.
10 31Q 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
Scheme Coordinator, extend the agreement
15 for a further period (not exceeding 3 years).
The term of the agreement must not be
extended more than twice (that is, so that
the agreement has effect for a total period
not exceeding 13 years).
20 31R Variation and termination of agreement
(1) A Scheme administration agreement may
be varied or terminated by agreement in
writing between the Minister and the
Scheme participant.
25 (2) The Minister may, by notice in writing given
to the Scheme participant, vary or terminate
a Scheme administration agreement without
the consent of the Scheme participant--
(a) if the Minister is satisfied that the
30 Scheme participant has failed to
meet any performance target under
the agreement; or
(b) in any other circumstances authorised
by the agreement.
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(3) Without limiting subsection (2), the
Minister may vary a Scheme administration
agreement without the consent of the
Scheme participant to provide for any
5 performance target or other matter required
by this Part or the regulations to be included
in the agreement.
(4) A Scheme participant is not entitled to any
compensation as a result of the variation
10 or termination of a Scheme administration
agreement under subsection (2)(a) or (3).
(5) A provision of a Scheme administration
agreement is void to the extent to which
it purports to exclude, limit or modify the
15 operation of this section.
(6) The regulations may make further provision
with respect to the variation or termination
of a Scheme administration agreement.
(7) In this section, Scheme participant, in
20 relation to a Scheme administration
agreement, means the Scheme Coordinator
or network operator who has entered into the
agreement.
31S Performance audit
25 (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
30 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
35 Scheme Coordinator or network operator
is not complying with the Scheme
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administration agreement, the Authority
may make recommendations to the Minister
on appropriate remedial actions to be taken.
(4) The regulations may make provision for or
5 with respect to performance audits under
this section.
31T Reports by Scheme Coordinator
(1) A Scheme Coordinator must, within 90 days
after the end of each financial year, prepare
10 and deliver to the Minister a report on the
following matters--
(a) the performance of the Scheme
Coordinator by reference to the
performance targets under the
15 Scheme Coordinator agreement;
(b) the amounts charged to suppliers
under supply arrangements;
(c) any other matter prescribed by the
regulations.
20 (2) The Minister is to cause a copy of the report
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
25 the Authority's website and in any other
prescribed manner a report on--
(a) the rates of supply and collection of
beverage containers in the State for
the quarter; and
30 (b) the amount of refund amounts paid in
the State during the quarter; and
(c) any other prescribed information.
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(4) In subsection (3), quarter means a period
of 3 months ending on 31 March, 30 June,
30 September or 31 December each year.
31U Advisory committees
5 (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
functions under this Part.
10 (2) An advisory committee has the functions the
Minister may from time to time determine
for it.
(3) Subject to subsection (4), the persons
appointed as members of an advisory
15 committee must, in the opinion of the
Minister, represent a range of interests
and expertise appropriate to the purpose
for which the committee is appointed.
(4) The Minister must appoint at least
20 one person to an advisory committee
who, in the opinion of the Minister,
has expertise in environment protection.
(5) An advisory committee member holds office
for the period specified in the instrument of
25 appointment of the committee member, but
the appointment may be terminated by the
Minister at any time.
(6) One of the advisory committee members,
in and by the instrument by which the
30 committee member is appointed or another
instrument made by the Minister, is to be
appointed as chairperson of the committee.
(7) An advisory committee member is entitled
to be paid the fees and allowances (if any)
35 determined from time to time by the Minister
in respect of the committee member.
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(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.
5 (9) The Minister may dissolve an advisory
committee appointed under this section.
Division 3--Supply and collection
of containers
Subdivision 1--Supply of beverages
10 in containers
31V 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
15 of a beverage by vending machine if the
person is the lessee or, if there is no lessee,
the owner of the vending machine.
31W Offence to supply beverage without
supply arrangement with Scheme
20 Coordinator and container approval
(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
25 the supplier and a Scheme Coordinator
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.
30 Penalty: In the case of a natural person,
700 penalty units.
In the case of a body corporate,
2500 penalty units.
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(2) This section applies only to the first supply
in the State of the beverage in the container.
(3) In proceedings for an offence against this
section, if it is established that the beverage
5 in the container has been supplied in the
State, the onus of establishing that the supply
is not a first supply in the State lies on the
defendant.
31X Offence not to have refund markings on
10 containers
A supplier must not supply or offer to supply
a beverage in a container without a refund
marking to any person.
Penalty: In the case of a natural person,
15 700 penalty units.
In the case of a body corporate,
2500 penalty units.
31Y Container approvals
(1) A supplier may apply to the Authority for a
20 container approval.
(2) An application for a container approval
must--
(a) be in a form approved by the Authority;
and
25 (b) contain or be accompanied by the
information required by the Authority
(as indicated in the form or in material
accompanying the form); and
(c) be accompanied by the prescribed fee.
30 (3) The Authority may granting a container
approval to the applicant subject to any
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.
(6) 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.
(7) For the purposes of a review referred to in
subsection (6), 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.
(8) 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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Environment Protection Amendment (Container Deposit Scheme) Bill 2018
Part 2--Amendments to the Environment Protection Act 1970
(9) The regulations may make provision for
or with respect to container approvals
and applications for container approvals
(including the payment of fees for
5 approvals).
(10) The regulations may limit a container
approval to containers supplied by the
person to whom the approval is granted.
Subdivision 2--Collection of containers
10 31Z Definition
In this Subdivision, refund declaration
means a declaration containing the
information prescribed by the regulations.
31ZA Refund amounts payable by collection
15 point operators
(1) Subject to section 31ZB, if a person presents
an empty container to a collection point for
the purpose of claiming a refund amount, the
collection point operator must not--
20 (a) refuse delivery of the container; or
(b) fail to pay to the person the refund
amount for the container in
accordance with subsection (3).
Penalty: In the case of a natural person,
25 20 penalty units.
In the case of a body corporate,
40 penalty units.
(2) Subsection (1) does not apply--
(a) if the container for which the refund
30 amount is claimed does not bear a
refund marking; or
581PM33B.I-24/7/2018 24 BILL LC INTRODUCTION 24/7/2018
Environment Protection Amendment (Container Deposit Scheme) Bill 2018
Part 2--Amendments to the Environment Protection Act 1970
(b) if the collection point operator
reasonably believes--
(i) that the container was not
acquired in the State or in
5 a jurisdiction in which a
corresponding law is in force; or
(ii) that the container was acquired
before the commencement of
this Part; or
10 (iii) that a refund amount has
previously been paid for the
container at any collection point;
or
(iv) that the container has previously
15 been 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
20 respect of the container to that
operator under a Scheme
Coordinator agreement; or
(c) if the person has refused to comply
with a requirement of the operator
25 under section 31Z; or
(d) in any other prescribed circumstances.
(3) A refund amount that is payable under this
section must be paid--
(a) in cash or in any other prescribed
30 manner; and
(b) at the time the collection point operator
accepts delivery of the container, or at
any later time in accordance with the
regulations.
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Environment Protection Amendment (Container Deposit Scheme) Bill 2018
Part 2--Amendments to the Environment Protection Act 1970
(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
5 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
10 container is inserted into, and rejected by,
the machine.
(6) For the purposes of subsection (3)(b), the
collection point operator in relation to a
reverse vending machine is taken not to
15 have paid a refund amount at the time the
operator accepts delivery of the container
if--
(a) the container is inserted into, and not
rejected by, the machine; and
20 (b) the machine fails to dispense payment
of a refund amount for the container.
31ZB Refund declarations and proof of identity
(1) A collection point operator may require
any person who presents a container to the
25 collection point for the purpose of claiming
a refund amount to provide to the operator a
refund declaration.
(2) A collection point operator may refuse to pay
to a person a refund amount if the operator is
30 not satisfied as to the identity of the person.
(3) A collection point operator must not pay to
a person a refund amount in either of the
following circumstances unless the person
has provided to the operator a refund
35 declaration and proof of the person's
identity--
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Environment Protection Amendment (Container Deposit Scheme) Bill 2018
Part 2--Amendments to the Environment Protection Act 1970
(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;
5 (b) if the operator knows, or ought
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
10 behalf, within the period prescribed for
the purpose of claiming a refund has
exceeded the prescribed number.
(4) This section does not apply in relation to
containers collected, or refund amounts
15 paid, by means of a reverse vending
machine.
(5) A collection point operator must not fail to
keep such records relating to refunds paid
by, and proof of identity documentation
20 provided to, the operator as are prescribed
for at least 3 years.
Penalty: 40 penalty units.
31ZC Offence to claim refund for containers not
subject to Scheme
25 (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 reasonably to know--
(a) that the container was not acquired in
30 the State or in a jurisdiction in which
a corresponding law is in force; or
(b) that the container was acquired before
the commencement of this Part; or
581PM33B.I-24/7/2018 27 BILL LC INTRODUCTION 24/7/2018
Environment Protection Amendment (Container Deposit Scheme) Bill 2018
Part 2--Amendments to the Environment Protection Act 1970
(c) that a refund amount has previously
been paid for the container at any
collection point; or
(d) that the container has previously been
5 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
10 under a Scheme Coordinator
agreement.
(2) A Scheme participant must not issue to a
Scheme administrator an invoice or other
statement claiming a refund amount payable
15 to the Scheme participant by the Scheme
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
20 the State or in a jurisdiction in which
a 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
25 for the container on more than one
occasion at any one or more collection
points; or
(d) that the container has previously been
processed by a material recovery
30 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
35
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Environment Protection Amendment (Container Deposit Scheme) Bill 2018
Part 2--Amendments to the Environment Protection Act 1970
under a Scheme Coordinator
agreement.
Penalty: In the case of a natural person,
700 penalty units.
5 In the case of a body corporate,
2500 penalty units.
(3) In this section--
Scheme administrator means a network
operator or Scheme Coordinator.
10 Scheme participant means a collection point
operator or network operator.
Division 4--Miscellaneous
31ZD Reviews by VCAT
(1) The regulations may provide for an
15 application to be made to VCAT by a
person for review of a decision, of a class
prescribed by the regulations, that is made
under the regulations under this Part.
(2) The Minister must not recommend the
20 making of a regulation containing provisions
for the purposes of subsection (1) unless
the Minister certifies that the Minister
administering the Victorian Civil and
Administrative Tribunal Act 1998 has
25 agreed to the provisions.
31ZE False or misleading information
A person must not provide any information
that the person knows is false or misleading
in a material particular--
30 (a) in connection with a claim for payment
under a Scheme arrangement or a
payment required to be made under a
Scheme Coordinator agreement; or
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Environment Protection Amendment (Container Deposit Scheme) Bill 2018
Part 2--Amendments to the Environment Protection Act 1970
(b) in purported compliance with any
requirement imposed by or under this
Part or under regulations made under
this Part.
5 Penalty: In the case of a natural person,
700 penalty units.
In the case of a body corporate,
2500 penalty units.
31ZF Sign at retail premises
10 (1) The Authority may, by written notice,
require a beverage retailer of a beverage
in a container to ensure there is placed at
the premises where the retailer supplies the
beverage a sign stating--
15 (a) a refund amount will be paid for the
delivery of an empty container to a
collection point; and
(b) the location of collection points in the
vicinity of the premises.
20 (2) A retailer must comply with a notice under
subsection (1).
Penalty: 20 penalty units.
31ZG Review of Part
(1) The Minister is to review this Part to
25 determine whether the policy objectives of
the Part remain valid and whether the terms
of the Part remain appropriate for securing
those objectives.
(2) The Minister must undertake the review as
30 soon as possible after the expiry of 4 years
after the date of commencement of the
Environment Protection Amendment
(Container Deposit Scheme) Act 2018.
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Environment Protection Amendment (Container Deposit Scheme) Bill 2018
Part 2--Amendments to the Environment Protection Act 1970
(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
review is completed.
5 31ZH Regulations
(1) The Governor in Council may make
regulations for or with respect to any matter
or thing required or permitted by this Part to
be prescribed or necessary to be prescribed
10 to give effect to this Part.
(2) The regulations--
(a) may be of general or limited
application; and
(b) may differ according to differences in
15 time, place or circumstance; and
(c) may confer a discretionary authority or
impose a duty on a specified person or
class of persons; and
(g) may apply, adopt or incorporate any
20 matter contained in any document
issued or adopted by any person
whether--
(i) wholly or partially or as amended
by the regulations; or
25 (ii) as issued or adopted at the time
the regulations are made or at
any time before then; or
(iii) as issued, prescribed or published
from time to time.".
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Environment Protection Amendment (Container Deposit Scheme) Bill 2018
Part 3--Further amendment to the Environment Protection Act 1970
Part 3--Further amendment to the
Environment Protection Act 1970
6 New Part IIIB inserted
After Part III of the Environment Protection
5 Act 1970 insert--
"Part IIIB--Prohibition on sale of
unrecycled plastic beverage
containers
31ZI Prohibition on sale of unrecycled plastic
10 beverage containers
A person must not sell or offer for sale any
product in a plastic beverage container
unless the container the container is by
weight made of at least 50 per cent recycled
15 or remanufactured material.
Penalty: In the case of a natural person,
700 penalty units.
In the case of a body corporate,
2500 penalty units.".
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Environment Protection Amendment (Container Deposit Scheme) Bill 2018
Part 4--Repeal of amending Act
Part 4--Repeal of amending Act
7 Repeal of amending Act
This Act is repealed on 1 November 2020.
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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Environment Protection Amendment (Container Deposit Scheme) Bill 2018
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.
581PM33B.I-24/7/2018 34 BILL LC INTRODUCTION 24/7/2018
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