Australia
The following text was found at http://www.austlii.edu.au/au/legis/sa/consol_act/epa1993284/s65.html
ENVIRONMENT PROTECTION ACT 1993
Division 2 - Beverage Containers
In this Division—
"beverage" means—
(a) brandy, gin, rum, whisky, cordials containing spirits, wine, cider, perry, mead, ale, porter, beer or any other spiritous, malt, vinous or fermented liquors; or
(b) any carbonated soft drink or waters; or
(c) any other liquid intended for human consumption by drinking declared by regulation to be a beverage for the purposes of this Division;
"category A container" means a container of a class approved under this Division as category A containers;
"category B container" means a container of a class approved under this Division as category B containers;
"collection area", in relation to containers of a particular class, means an area comprising a part of the State approved under this Division as a collection area for containers of that class;
"collection depot", in relation to containers of a particular class, means a collection depot approved under this Division for containers of that class;
"container" means a container of any kind made for the purpose of containing a beverage, being a container that when filled with the beverage is sealed for the purposes of storage, transport and handling prior to its sale or delivery for the use or consumption of its contents;
"glass container" means a container made of glass whether alone or in combination with any other substance or thing;
"refund amount", in relation to a container of a particular class, means an amount prescribed as the refund amount for containers of that class;
"refund marking", in relation to a container, means marking or labelling the container by any method (including embossment) with a statement of, and other marks or features as to, the refund amount for the container;
"retailer" means a person whose business is or includes that of selling a beverage for the purpose of the use or consumption of that beverage and, in the case of such sale by means of a vending machine, includes the owner of that vending machine unless the owner has let out the machine on hire to some other person, in which case the expression includes that other person;
"spirit-based beverage" means a beverage that—
(a) contains any spirit; and
(b) contains less than the prescribed percentage of alcohol;
"wine-based beverage" means a beverage that—
(a) contains wine; and
(b) contains less than the prescribed percentage of alcohol.
66—Division not to apply to certain containers
This Division does not apply to glass containers made for the purpose of containing wine or spiritous liquor other than glass containers made for the purpose of containing a wine-based beverage or spirit-based beverage.
67—Exemption of certain containers by regulation
The Governor may, by regulation, exempt containers of a specified class from the application of this Division, or specified provisions of this Division, either unconditionally or subject to conditions specified in the regulations.
68—Approvals, markings etc required before sale or supply of beverages in containers
(1) A retailer must not sell a beverage in a container unless—
(a) the Authority has approved a class of containers to which the container belongs as category A containers or category B containers or both; and
(b) the Authority has approved the refund marking for a class of containers to which the container belongs and the container bears the refund marking so approved.
Penalty: Division 7 fine.
Expiation Fee: Division 7 fee.
(2) A person must not—
(a) supply a beverage in a container to a retailer for sale by the retailer; or
(b) sell a beverage in a container for consumption,
unless the requirements of subsection (1) have been satisfied in respect of a class of containers to which the container belongs.
Penalty: Division 6 fine.
Expiation Fee: Division 6 fee.
(3) A retailer must not sell a beverage in a category B container unless—
(a) the retailer's premises are situated within a collection area for which a collection depot has been approved by the Authority for containers of a class to which the container belongs; and
(b) if the retailer has been requested by the Authority, by notice in writing, to do so—the retailer has a sign (in a form specified by the Authority) prominently displayed in the retailer's premises so as to be readily visible to purchasers stating the location of the collection depots so approved.
Penalty: Division 7 fine.
Expiation fee: Division 7 fee.
(4) In proceedings for an offence against subsection (3), an allegation in the complaint that specified premises were not at a specified time situated within a collection area for which a collection depot had been approved by the Authority for containers of a specified class is, in the absence of proof to the contrary, proof of the matters so alleged.
69—Grant, variation or revocation of approvals
(1) An application for an approval for the purposes of this Division must be made to the Authority in such manner and form as is determined by the Authority and must be accompanied by the prescribed fee.
(2) An applicant for an approval must, if so required by the Authority, provide the Authority with such further information as it may require to determine the application.
(3) The Authority may refuse to grant an approval in respect of a class of containers unless satisfied that proper arrangements have been made under which empty containers of that class would, after being returned in consideration of payment of refund amounts under this Division, be aggregated and reused or their materials recycled or otherwise disposed of in a manner that the Authority considers appropriate having regard to the objects of this Act and any relevant environment protection policy.
(4) If the Authority refuses an application for an approval, the Authority must give written notice to the applicant of the reasons for the refusal.
(5) An approval—
(a) must be notified in the Gazette; and
(b) is subject to such conditions as the Authority considers appropriate and specifies in the notice of approval.
(6) The Authority may, by notice in the Gazette, vary an approval, or vary or revoke any condition of an approval, or impose a condition or further condition.
(7) The Authority must, on application by the person for the time being operating a collection depot, by notice in the Gazette, revoke the approval of the depot.
(8) The Authority may, by notice in the Gazette, revoke an approval in respect of a class of containers if satisfied that a condition of the approval has been contravened in respect of containers of that class.
(9) A notice under subsection (7) or (8) varying or revoking an approval or the conditions of an approval, or imposing a condition or further condition of an approval—
(a) has effect from the date of publication of the notice or a future date specified in the notice; and
(b) may contain requirements or provisions of a transitional nature (which will have effect according to their terms) as to the operation of this Division in relation to containers held by retailers for sale, or sold but remaining to be returned as empty containers under this Division.
70—Retailers to pay refund amounts for certain empty category A containers
(1) Subject to subsection (2), a retailer who sells a beverage in category A containers of a particular class must not refuse or fail, or permit a person acting on the retailer's behalf to refuse or fail—
(a) to accept delivery of empty containers of that class that bear the refund marking approved by the Authority for containers of that class; or
(b) in respect of each such container, to pay to the person delivering that container the refund amount for that container.
Penalty: Division 7 fine.
Expiation Fee: Division 7 fee.
(2) A retailer is not required by subsection (1) to accept delivery of any container that is in an unclean condition.
(3) In proceedings for an offence against subsection (1), an allegation in the complaint that the retailer sells beverages in containers of a particular class is, in the absence of proof to the contrary, proof of the matter so alleged.
71—Collection depots to pay refund amounts for certain empty category B containers
(1) Subject to subsection (2), the person operating or in charge of a collection depot must not refuse or fail, or permit a person acting on his or her behalf, to refuse or fail—
(a) to accept delivery of empty category B containers of a class for which the collection depot is approved, being containers that bear the refund marking approved by the Authority for containers of that class; or
(b) in respect of each such container, to pay to the person delivering that container the refund amount for that container.
Penalty: Division 7 fine.
Expiation Fee: Division 7 fee.
(2) A person is not required by subsection (1) to accept delivery of any container that is in an unclean condition.
72—Certain containers prohibited
(1) In this section—
"prohibited container" means—
(a) a sealed container (commonly known as a "ring pull container") that is wholly or mainly constructed of metal (whether or not of more than one kind of metal) and capable of being opened, without the aid of any instrument, by the removal of portion of the container in such a manner as results or may result in severance from the body of the container of the portion so removed; or
(b) a sealed glass container of a prescribed kind in which the contents are held under pressure; or
(c) a plastic container of a class prescribed as prohibited containers.
(2) The Governor may not make a regulation prescribing a class of plastic containers as prohibited containers for the purposes of paragraph (c) of the definition of "prohibited container" in subsection (1) unless satisfied that an effective system of recovery, recycling, reprocessing or reuse of the containers—
(a) is not assured in advance of introduction of the containers to the market; or
(b) has not been established or maintained following the introduction of the containers to the market.
(3) A retailer must not sell a beverage in a prohibited container.
Penalty: Division 7 fine.
(4) A person must not—
(a) supply a beverage in a prohibited container to a retailer for sale by the retailer; or
(b) sell a beverage in a prohibited container for consumption.
Penalty: Division 6 fine.
73—Evidentiary provisions
In proceedings for an offence against this Division, an allegation in the complaint that—
(a) a specified liquid was a beverage; or
(b) a specified container was a glass container,
is, in the absence of proof to the contrary, proof of the matter so alleged.
