Queensland Consolidated Regulations

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Definitions for part

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including a person who accedes to the covenant after it is made, whether before or after the commencement of the repealed Waste Reduction and Recycling Regulation 2011 , part 5A .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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