Official Container Deposit Scheme Regulations | Stage 2

The first CDS Amendment Regulations were made law by Governor-In-Council on 8 August 2023, and they have now been published on the Legislation Vic Website found here.

Here is a brief summary of the changes:

• Regulation 4 amends definitions:
  • in the definition of “donation partner” wording has changed to better reflect the intent of the scheme and ensure access for charities, community groups, environmental not for profits, educational organisations and sports groups.
  • The insertion of the definition of “small first supplier” to enable the regulations to provide for less onerous requirements for suppliers who supply a fewer than 300,000 eligible containers per year
• Regulation 6 amends regulations 12(a) and 12(b) of the Principal Regulations to ensure the prescribed requirements for a methodology specified in a supply arrangement under the Scheme Coordinator agreement align with the approach agreed as between the Minister and the Scheme Coordinator pursuant to the contractual framework. The amendments also provide for the methodology to allow small first suppliers to make payments quarterly instead of monthly.
• Regulation 7 of the amends regulation 14 of the Principal Regulations to remove an unnecessary requirement set out in 14(e) of an application by a first supplier for the approval of a class of eligible containers as suitable eligible containers to contain a statement detailing that all the containers in that class “have the same first supplier”.
• Regulation 8 inserts new regulation 15 into the Principal Regulations to clarify who is required to notify the Head, Recycling Victoria that they supply or intend to supply an eligible container in Victoria for the purposes of section 98(1) of the Act