(1) The Coordinator
may enter into a written agreement (a supply agreement ) with a person in
relation to one or more beverage products that includes provisions about
—
(a)
unless the regulations provide otherwise, the person’s obligation to pay
to the Coordinator amounts ( supply amounts ) to contribute to the costs of
—
(i)
paying refund amounts in relation to containers used for
the beverage products that are returned to refund points; and
(ii)
paying amounts to MRF operators in relation to containers
used for the beverage products that are collected or received by the MRF
operators; and
(iii)
administering the scheme, including the costs of paying
other amounts to refund point operators and any other costs reasonably
incurred by the Coordinator in carrying out its functions;
and
(b) any
other matter prescribed by the regulations.
(2) On and after the
appointed day 3 for this section, if a supply agreement requires a person to
pay supply amounts, the person must pay the supply amounts to the Coordinator
in accordance with this Act and the terms of the supply agreement.
Civil penalty: $50 000.
(3) The Coordinator
must not claim, or attempt to claim, payment from a person under a supply
agreement —
(a) if
the Coordinator is not entitled to the payment under this Act or the supply
agreement; or
(b) in
any other circumstances prescribed by the regulations.
Civil penalty: $50 000.
[Section 47O inserted: No. 5 of 2019 s. 6.]