Resource Sustainability (Beverage Container Return Scheme) Regulations 2026

a person is the producer of a beverage product if the person is a person described in section 23M(2) of the Act; and

a person is not a producer of a beverage product if the person is a person described in section 23M(3) of the Act.

any liquid beverage for a special medical purpose and that is labelled as being for use under medical supervision;

any liquid ingredient added to any food or beverage for decoration or to enhance flavour, including (to avoid doubt) any caramel syrup or whipped cream;

any liquid flavouring agent;

any meat, yeast or vegetable extracts, soup or soup mixtures, or any similar liquids;

any semi‑liquid or viscous foods; (f)any liquid that is a medicinal product;

any liquid that is a health product.

who has —

limited or impaired capacity to take, digest, absorb or metabolise ordinary food or certain nutrients contained in ordinary food; or

any other special medically‑determined nutrient requirement; and

whose dietary management cannot be achieved only by modifying that patient’s normal diet.

a supply made to the next participant in the chain, with actual knowledge that the beverage product is to be supplied down the beverage product supply chain to the specified end supplier in the supply chain; (b)a supply that is the specified end supply in the beverage product supply chain.

where paragraph (1)(a) applies —

all documents evidencing that the supply was made to the next participant in the beverage product supply chain; and

all documents evidencing A’s knowledge as described in that provision;

where paragraph (1)(b) applies — all documents evidencing the supply as a specified end supply.

in the case of a document that is dated — that date or 1 April 2026, whichever is later; and

in any other case — the date on which the information or document in question was received by the person or 1 April 2026, whichever is later.

a supply of a beverage product by a person to —

an individual, not being a supply to the individual as a sole proprietor; or

a non‑profit organisation,where the individual or non‑profit organisation (as the case may be) does not provide any consideration in money or in kind for the supply;IllustrationFor the purposes of a school event, a person supplies beverage products to the school without any consideration in money or in kind. The supply of beverage products by the person in these circumstances is treated as a supply for which the person does not receive any consideration in money, even if the school chooses to publicly acknowledge the person’s sponsorship of the event.(b)a supply of a beverage product where —

the supply is made by a person under a contract (whether or not the contract is made with the user or consumer of the beverage product), together with any accommodation, goods, service or entertainment, in consideration of an inclusive charge for the beverage product supplied and the accommodation, goods, service or entertainment; and

at the time the contract is entered into, the person making the supply is unable to determine the number of beverage products that will be supplied under the contract.Illustrations (a) A hotel operator (A) enters into a contract with a person (B) to provide accommodation to B in consideration of a sum of money. As a guest of the hotel, B enjoys access to a lounge in the hotel where guests of the hotel are supplied a free flow of food and beverage products. At the time the contract is entered into, A is unable to determine how many beverage products will be supplied to B. The supply of beverage products by A to B in these circumstances is treated as a supply for which A does not receive any consideration in money. (b) A hotel operator (C) enters into a contract with a person (D) to provide accommodation to D in consideration of a sum of money.As part of the accommodation service, C provides D a fixed quantity of beverage products in the in‑room minibar (included beverage products). Although the number of included beverage products D is entitled to is fixed, at the time the contract is entered into, C is unable to determine the number of included beverage products that will be supplied to D as D may take none, some or all of the included beverage products. The supply of included beverage products by C to D in these circumstances is treated as a supply for which C does not receive any consideration in money.Where D consumes any beverage product in excess of the included beverage products (additional beverage product), the description and amount payable for each additional beverage product is separately itemised in the invoice C issues to D. The supply of additional beverage products by C to D is treated as a supply for which C receives consideration in money. (c) A marathon organiser (E) enters into a contract with a person (F) for F to participate in a marathon in consideration of a sum of money. As a participant in the marathon, F is offered beverage products along the route and at the finish line. At the time the contract is entered into, E is unable to determine how many beverage products will be supplied to F. The supply of beverage products by E to F in these circumstances is treated as a supply for which E does not receive any consideration in money. (d) A marathon organiser (G) enters into a contract with a person (H) for H to participate in a marathon in consideration of a sum of money. As a participant in the marathon, G supplies H a race pack containing a beverage product. At the time the contract is entered into, G is able to determine how many beverage products will be supplied to H in the race pack. The supply of beverage products by G to H in these circumstances is treated as a supply for which G receives consideration in money.

a holder of a large supermarket licence must operate a return point at at least one of the following locations:

a location within the supermarket premises of the holder;

a location no more than 5 metres’ walking distance from any entrance to or exit from the supermarket premises of the holder designated by the holder for patrons of the supermarket premises to enter or exit the supermarket premises;

where there is an outdoor display area adjacent to the supermarket premises, a location —

within the boundaries of the outdoor display area; or

no more than 5 metres’ walking distance from any boundary of the outdoor display area;

any other location approved by the Agency in accordance with paragraph (5)(a); and

a holder of a large supermarket licence must ensure that there are clear and adequate directional signs prominently displayed at or near —

the return point that the holder operates for the purpose of section 23S(1) of the Act; and

every entrance to or exit from the supermarket premises of the holder designated by the holder for patrons of the supermarket premises to enter or exit the supermarket premises,for the purpose of advising the public of the location of the return point.

grant approval for an alternative location; or

refuse to grant approval for the alternative location.

the return point is publicly accessible;

the return point is not located in an area such that a person that wishes to use the return point may be exposed to danger, including —

an area where vehicular traffic may cause danger to such persons, such as a loading and an unloading bay; and

an area that does not comply with any fire safety requirement prescribed under any written law; (c)without limiting sub‑paragraph (b)(ii), the return point does not obstruct any fire escape; and

the return point operator obtains, or causes to be obtained, the written consent of the owner of the place or premises in which the return point is to be located to operate the return point in that location.