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Exemption in relation to beverage containers unsuitable for return through specified reverse vending machines and associated beverage products

Resource Sustainability (Exemptions — Beverage Container Return Scheme) Order 2026

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—(1) A person is exempt from sections 23P, 23Q and 23R of the Act in relation to any beverage product that is a regulated beverage in a sealed RVM unsuitable container.(2) A person is exempt from sections 23P and 23U in relation to any RVM unsuitable container.(3) A scheme licensee is exempt from operating the scheme in relation to any RVM unsuitable container.(4) The exemptions in sub‑paragraphs (1), (2) and (3) are subject to the condition that the producer of a beverage product mentioned in sub‑paragraph (1) first submits to the Agency any information and documents that the Agency requires as evidence of the fact that the RVM unsuitable container (used for that beverage product) is unsuitable for return through a specified reverse vending machine.(5) In this paragraph —“cross-sectional length at its widest”, in relation to a beverage container, means the straight‑line distance measured between the 2 most distant points on the outer surface of the container, on its largest cross‑sectional area;“empty and in its original form”, in relation to a beverage container, means a beverage container that —(a)is not filled with any beverage; and(b)is in the condition in which it was manufactured and has not been crushed or otherwise subjected to mechanical force that alters its original volume or shape;“RVM unsuitable container” means any beverage container that is unsuitable for return through a specified reverse vending machine for any reason, including but not limited to any of the following:(a)when empty and in its original form, the beverage container has any of the following dimensions:(i)in the case where the container is cylindrical —(A)a diameter of less than 5 centimetres or more than 12.5 centimetres; or(B)a height of less than 7.5 centimetres or more than 35 centimetres;(ii)in all other cases —(A)a cross-sectional length at its widest of more than 12.5 centimetres; or(B)a height of less than 7.5 centimetres or more than 35 centimetres;(b)the beverage container has attached to it any strap, cord, or other similar thing made of a non‑rigid material;“specified reverse vending machine” means a reverse vending machine that complies with specifications issued by a scheme licensee and published on a website operated and maintained by the scheme licensee.

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