Western Australian Current Acts

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WASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007 - SECT 47O

47O .         Supply agreement

        (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.]



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