Victorian Numbered Acts Victorian Numbered Acts(1) In section 81(1) of the Circular Economy (Waste Reduction and Recycling) Act 2021 —
(a) in paragraph (b), for "containers" substitute "suitable eligible containers";
(b) in paragraph (c), for "eligible containers" substitute "suitable eligible containers".
(2) After section 81(2) of the Circular Economy (Waste Reduction and Recycling) Act 2021 insert —
"(2A) Without limiting subsection (2)(a), a Scheme Coordinator agreement may specify a methodology by applying or incorporating any methodology or document approved by the Department—
(a) wholly or partially or with or without any modification; or
(b) as in force or as issued at a particular time or as in force or as issued from time to time.".
(3) After section 81(3) of the Circular Economy (Waste Reduction and Recycling) Act 2021 insert —
"(3A) A Scheme Coordinator agreement must include any prescribed requirements.".
(4) After section 81(4)(b) of the Circular Economy (Waste Reduction and Recycling) Act 2021 insert —
"(ba) provide for the exercise by the Minister of a power or function of the Scheme Coordinator under this Act if the Scheme Coordinator fails to exercise that function or power; and".
(5) After section 81(4)(e) of the Circular Economy (Waste Reduction and Recycling) Act 2021 insert —
"(ea) specify any fees that the Scheme Coordinator must pay to the Head, Recycling Victoria for the purposes of the administration of the container deposit scheme; and".
(6) For section 81(4)(g) of the Circular Economy (Waste Reduction and Recycling) Act 2021 substitute —
"(g) provide for any other matter agreed to by the parties to the agreement that is not inconsistent with this Act.".
(7) Section 81(4)(h) of the Circular Economy (Waste Reduction and Recycling) Act 2021 is repealed .
(8) After section 81(4) of the Circular Economy (Waste Reduction and Recycling) Act 2021 insert —
"(5) Without limiting subsection (4)(ea), a fee specified in a Scheme Coordinator agreement may—
(a) differ according to differences in time, place or circumstances; and
(b) provide for the cost of performing any or all of the functions or duties related to the administration of the container deposit scheme, including but not limited to the cost of—
(i) determining whether to approve an eligible container as a suitable eligible container; or
(ii) determining whether or not a person is or will be a first supplier of an eligible container in Victoria.
(6) Nothing in this Part is to be construed as preventing a person with whom the Minister has entered into a Scheme Coordinator agreement from entering into a scheme arrangement before the day on which that person's appointment as the Scheme Coordinator comes into effect.".