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WASTE REDUCTION AND RECYCLING REGULATION 2023 - REG 69
Definitions for part
In this part—
"brand owner" means—
(a) a person who is the owner or licensee in Australia
of a trade mark under which a product is sold or otherwise distributed in
Australia, whether the trade mark is registered or not; or
(b) a person who
is the franchisee in Australia of a business arrangement that allows an
individual, partnership or company to operate under the name of an already
established business; or
(c) for a product that has been imported—the first
person to sell the product in Australia; or
(d) for in-store packaging—the
supplier of the packaging to the retailer; or
(e) an importer or Australian
manufacturer of plastic bags, or a retailer who supplies a plastic bag to a
consumer for the transportation of products bought by the consumer at the
point of sale.
"complying brand owner" see section 70 .
"consumer packaging" means any packaging product made of any material, or
combination of materials, for the containment, protection, marketing or
handling of consumer products, and includes distribution packaging.
"consumer packaging material" see section 71 .
"covenant" means the agreement called the ‘Australian Packaging Covenant’
made between governments and industry organisations to reduce the
environmental impacts of consumer packaging.
"covenant signatory" means a signatory to the covenant, including a person who
accedes to the covenant after it is made, whether before or after the
commencement of the repealed Waste Reduction and Recycling Regulation 2011 ,
part 5A .
"distribution packaging" means any packaging that contains multiples of
products (the same or mixed) intended for direct consumer sale, including—
(a) secondary packaging used to secure or unitise multiples of consumer
products, including, for example, cardboard boxes and shrink film overwrap;
and
(b) tertiary packaging used to secure or unitise multiples of secondary
packaging, including, for example, pallet wrapping stretch film, shrink film
and strapping.
"free rider" means a brand owner who— (a) is part of the packaging chain;
and
(b) is not a covenant signatory; and
(c) is not producing equivalent
outcomes to those achieved through the covenant.
"kerbside recycling collection" means roadside collection of domestic solid
waste separated for recycling.
"measure" means the National Environment Protection (Used Packaging Materials)
Measure 2011 , dated 16 September 2011, made under the
National Environment Protection Council Act 1994 (Cwlth) , the
National Environment Protection Council (Queensland) Act 1994 and particular
Acts of other States.
"packaging chain" means the linkages between materials suppliers, packaging
manufacturers, packaging fillers, wholesalers, retailers and consumers of
packaged products.
"plastic bag" includes a single-use lightweight plastic carry bag containing
virgin or recycled plastic.
"recover" , in relation to consumer packaging material, means that the
material— (a) is re-used or recycled; or
(b) becomes a secondary resource.
"recovery rate" , of a brand owner for a period, see section 72 .
"recycle" , in relation to a product, means use the product as a raw material
to produce another product.
"registered" , in relation to a trade mark, means registered under the
Trade Marks Act 1995 (Cwlth) .
"re-use" , in relation to a product, means use the product for the same or a
similar purpose as its original purpose without subjecting the product to a
manufacturing process that would change its physical appearance.
"secondary resource" means a resource used or to be used— (a) to manufacture
new consumer packaging, or another product, to replace raw or virgin
materials; or
(b) for energy recovery.
"trade mark" has the meaning given by the Trade Marks Act 1995 (Cwlth) .
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