Resource Sustainability Act 2019 · 2020 Revised Edition · Part 4B · Beverage Container Return Scheme
23Q. Deposit for beverage product
Feedback & supportLast amended by an amending law of 2023.
For the purpose of ensuring or otherwise encouraging the return of beverage containers for recycling, there is to be a deposit in respect of every beverage product affixed with a deposit mark, to be provided for in accordance with this section and section 23R, and which is refundable upon the acceptance of the beverage container of the beverage product under section 23U.
The Minister may prescribe the amount of the deposit for the purposes of this Part.
Subject to subsection (4), for the purpose of providing for the deposit, where a person (X) (including a producer) supplies any beverage product affixed with a deposit mark to another person (Y), X must collect from Y, and Y must give to X, the amount of the deposit for the beverage product.
X may refuse to supply the beverage product to Y if Y refuses to give to X the amount of the deposit for the beverage product, but X may waive Y’s giving of the amount of the deposit to X.
supply
“supply”, in relation to any regulated product, includes —(a)the supply of the regulated product by way of sale (including by barter or exchange) or hire‑purchase;(b)the supply of the regulated product by retail or by wholesale;(c)the supply of the regulated product in connection with any agreement; and(d)the offer to supply the regulated product or exposure of the regulated product for supply.
Despite subsection (4), X must not waive Y’s giving of the amount of the deposit to X if X receives any consideration in money for the supply of the beverage product.
Where X waives Y’s giving of the amount of the deposit to X, and Y receives the amount of the deposit from the person to whom Y supplies the beverage product, Y must, despite the waiver, give the amount of the deposit to X within the prescribed period after Y supplies the beverage product.
A person who contravenes subsection (5) or (6) shall be guilty of an offence and shall be liable —
on the first conviction to a fine not exceeding $5,000; and
on a second or subsequent conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both.
To avoid doubt, no amount given to or collected by a person for the purpose of providing for the deposit in respect of any beverage product (whether under this section or section 23R) is to be construed as forming any part of the price for the beverage product or for or for the use of the beverage container thereof.