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Australian CDS Legislation — Verbatim Text + Key Highlights

All 8 Jurisdictions.
Reproduced word for word.

Every section reproduced verbatim from AustLII and official Parliamentary Counsel databases. No legislation has been edited, altered, or paraphrased. Highlights and annotations appear alongside the text — never within it.

8

Jurisdictions

0

Edits made

NSW

New South Wales

Return and Earn · Exchange for Change / TOMRA Cleanaway

Waste Avoidance and Resource Recovery Act 2001 No 58Current version for 12 December 2025 to date

68%

Return rate

−17pts

To 85% target

Legislative Text Integrity Notice

All legislative text is reproduced verbatim from official sources. No text has been edited, paraphrased, or altered. Annotations, highlights, and commentary appear alongside — never within — the legislative text. Source: AustLII — NSW Consolidated Acts (classic.austlii.edu.au/au/legis/nsw/consol_act/waarra2001364/). Verified: 6 April 2026.

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Long Title

"An Act to promote waste avoidance and resource recovery; to repeal the Waste Minimisation and Management Act 1995; to amend the Protection of the Environment Operations Act 1997; and for other purposes."

Part 5

Container Deposit Scheme

Key Provision — Foundational — establishes the statutory purpose against which all Coordinator decisions are measured.

Verbatim Legislative Text

(1)The objects of this Part are as follows—
(a)to recognise the responsibility that the beverage industry shares with the community for reducing and dealing with waste generated by beverage product packaging,
(b)to establish a cost effective State-wide container deposit scheme to assist the beverage industry to discharge that responsibility and to promote the recovery, reuse and recycling of empty beverage containers.
(2)The container deposit scheme established by this Part includes the following features—
(a)it provides for the establishment of a Scheme Coordinator and network operators with responsibility for the administration of the scheme,
(b)it provides for the payment of refund amounts to persons depositing at collection points empty beverage containers that are subject to the scheme,
(c)it provides for the establishment by the Scheme Coordinator of a cost recovery scheme under which beverage suppliers agree to make contributions towards the cost of paying those refund amounts,
(d)it prohibits the supply of beverages in containers that are subject to the container deposit scheme by beverage suppliers who have not agreed with the Scheme Coordinator to make those contributions,
(e)it prohibits the supply of beverages in containers of a kind that are not approved by the EPA.

Why This Matters

Section 19 defines the foundational purpose: promote recovery, reuse and recycling of empty beverage containers. Every subsequent Coordinator power and obligation must be read in light of this purpose. Engaging a behavioural program that increases recovery directly advances s19(1)(b).

Key Provision — Establishes the Minister's power to engage a Scheme Coordinator — the legal mechanism through which the 10c Recycling Games would be contracted.

Verbatim Legislative Text

(1)The Minister may enter into written agreements ("Scheme administration agreements") with persons in connection with the management and administration of the Scheme.
(2)There are the following types of Scheme administration agreement—
(a)a Scheme Coordinator agreement,
(b)a network operator agreement.
(3)The Minister may invite applications for Scheme administration agreements in any manner the Minister considers appropriate.
(4)An application for a Scheme administration agreement must be accompanied by the fee prescribed by or determined under the regulations.
(5)In determining whether to enter into a Scheme administration agreement, the Minister—
(a)must consider whether the applicant is a fit and proper person to enter into, and fulfil the obligations imposed by, the agreement, and
(b)may consider any other matters the Minister considers relevant.
(6)The regulations may provide for the matters that the Minister may consider in determining whether an applicant is a fit and proper person for the purposes of subsection (5).
(7)Subsection (6) does not limit the matters that the Minister may consider in determining whether a person is a fit and proper person for the purposes of subsection (5).

Key Provision — Section 25(4)–(7) provides the open-ended framework for what a Scheme Coordinator agreement may contain — explicitly not limited to the listed examples. This is the legal basis for including third-party behavioural programs.

Verbatim Legislative Text

(1)A Scheme Coordinator agreement must include provisions requiring the Scheme Coordinator to enter into and give effect to the following arrangements—
(a)arrangements with suppliers ("supply arrangements") requiring the suppliers to pay to the Scheme Coordinator contributions towards the cost of the management, administration and operation of the Scheme,
(b)arrangements with network operators ("network arrangements") in connection with the establishment, administration and operation of collection points requiring the Scheme Coordinator to pay to the operators refund amounts and associated administration and handling costs for containers that are collected at the collection points (and for which the collection point operators are required to pay a refund amount under Division 3).
(2)A network operator agreement must include provisions requiring the network operator to enter into and give effect to arrangements with persons in connection with the establishment and operation of collection points ("collection point arrangements") requiring the network operator to pay to those persons refund amounts and associated handling costs for containers that are collected at those collection points (and for which a refund amount is payable under Division 3).
(3)A Scheme administration agreement must include such provisions as the Minister considers necessary to ensure—
(a)that each Scheme arrangement required under the agreement specifies a methodology for determining the amounts payable under the arrangement, and
(b)that the Scheme Coordinator or network operator to whom the agreement applies does not act unfairly, or unreasonably discriminate, against or in favour of any particular Scheme participant in negotiating, entering into, performing obligations under or enforcing any Scheme arrangement.
(4)A Scheme administration agreement may provide for such other matters as the Minister considers appropriate in relation to the management, administration or operation of the Scheme.
(5)The regulations may make provision for or with respect to the performance targets (including by reference to any specified network of collection points or area of operation) and any other matters to be included in a Scheme administration agreement.
(6)A Scheme Coordinator agreement may contain provisions relating to the exercise by the Scheme Coordinator of similar functions under the laws of other States and Territories relating to container deposit schemes.
(7)Nothing in this section or any other provision of this Division (except section 32) limits the matters for which a Scheme administration agreement may provide.

Key Provisions

s25(4): Agreement 'may provide for such other matters as the Minister considers appropriate'. s25(7): 'Nothing in this section … limits the matters for which a Scheme administration agreement may provide.' Together, these provisions confirm that the agreement can include anything the Minister considers appropriate — including third-party behavioural engagement programs.

Key Provision — Establishes that performance against scheme targets is subject to formal audit — creating accountability for Coordinators who fail to reach 85%.

Verbatim Legislative Text

(1)The EPA may, at any time, require the Scheme Coordinator to cause an audit of the Scheme Coordinator's performance under the Scheme Coordinator agreement to be carried out.
(2)An audit under this section is to be carried out by an auditor approved by the EPA.
(3)The cost of the audit is to be borne by the Scheme Coordinator.
(4)The Scheme Coordinator must comply with reasonable requirements of an auditor carrying out an audit under this section.

Accountability Mechanism

The EPA can audit the Scheme Coordinator's performance at any time. NSW at 68% — 17 points below the 85% target — is open to audit challenge. This provision gives the auditor powers to scrutinise whether 'all reasonable steps' are being taken to reach the legislated target.

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About this initiative

The 10c Recycling Games — powered by Return for a Cause, Australia's largest ever social & environmental impact experiment — is a planned national initiative currently in its Expression of Interest (EOI) phase, with launch anticipated in Australia in the coming months. This website presents the program framework, supporting research, and data analysis in preparation for that launch.

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