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Environment Protection (Beverage Container Deposit and Recovery Scheme) Bill 2009

Part 1 Preliminary


1   Short title

                   This Act may be cited as the Environment Protection (Beverage Container Deposit and Recovery Scheme) Act 2009 .

2   Commencement

                   This Act commences on the day on which it receives the Royal Assent.

3   Objects

                   The objects of this Act are to:

                     (a)  promote the principles of environment protection by regulating the use, sale and recovery of beverage containers; and

                     (b)  ensure the environmentally sustainable management and reuse of used beverage containers; and

                     (c)  support economic recycling options for used beverage containers.

4   Constitutional basis for Act

                   This Act relies on:

                     (a)  the Commonwealth’s legislative powers under paragraphs 51(xx), (xxix) and (xxxix) of the Constitution; and

                     (b)  any implied legislative powers of the Commonwealth.

5   Application to external Territories

                   This Act extends to all the external Territories.

6   States and Territories are bound

                   This Act binds the Crown in each of its capacities, but does not make the Crown liable to be prosecuted for an offence.

7   State and Territory laws may operate concurrently

                   This Act is not intended to exclude or limit the operation of a law of a State or Territory to the extent that the law is capable of operating concurrently with this Act.

8   Interpretation

                   In this Act:

authorised collection depot means a premises authorised by the department under section 16 for the collection of empty beverage containers.

authorised transfer station means a premises authorised by the department under section 17 to be an authorised transfer station.

beverage means:

                     (a)  any carbonated or non-carbonated soft drink, fruit juice or water; or

                     (b)  any alcoholic drink, including brandy, gin, rum, whisky, cordials containing spirits, wine, cider, perry, mead, ale, porter, beer or any other spirituous, malt, vinous or fermented liquor; or

                     (c)  milk, including animal milk, soy milk or processed milk; or

                     (d)  any other liquid intended for human consumption by drinking that is prescribed to be a beverage for the purposes of this Act;

but does not include a beverage of a class that is prescribed not to be a beverage.

beverage container means a container containing a beverage that is produced for the sale of the beverage in a sealed form to the consumer, being a container which has a capacity not exceeding 4 litres and is of any of the following types:

                     (a)  a plastic or glass bottle;

                     (b)  an aluminium or steel can;

                     (c)  a liquid paperboard or composite carton;

                     (d)  a composite container;

but does not include a beverage container of a class that is prescribed not to be a beverage container.

beverage container environmental deposit means the environmental deposit set out in paragraph 12(a) or prescribed under paragraph 12(b), as the case may be.

department means the Department administered by the Minister who administers this Act.

import means import or bring into Australia from another country.

labelled includes embossed, painted or stamped.

penalty unit has the meaning given by section 4AA of the Crimes Act 1914 .

refund amount means 10 cents, or any higher amount prescribed for the purposes of this definition or following a review conducted in accordance with section 20.

reverse vending machine means an automated mechanical device which accepts one or more types of empty beverage containers by scanning the label, and issues coins or a redeemable credit slip with a value not less than the container’s refund amount. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine.

Scheme means the Beverage Container Deposit and Recovery Scheme established by section 9.