The Law Already Says Yes.
Every Coordinator
Can Act Today.
This page is the definitive legislative record establishing that the 10c Recycling Games is expressly permitted in every Australian Container Deposit Scheme jurisdiction — and that every Coordinator has an existing legal obligation to reach 85% that they are currently failing to meet.
8
Jurisdictions — all permit third-party contracts
0
Legislative changes required to implement
88%
NT return rate at 10c — proof the target is reachable
85%
Legislated national target — overdue since 2025
What the legislation actually says
about the 10c Recycling Games.
These are not strategic claims. They are conclusions drawn directly from the legislative text, cross-referenced with documented scheme performance data.
Methodology Note
These conclusions are positioned in favour of the 10c Recycling Games only where the legislative record actually supports them. Where the law is silent or uncertain, this is stated explicitly.
Every jurisdiction's primary CDS legislation contains an explicit contracting power that permits the Coordinator to engage third-party service providers. NSW s25(d), QLD s99ZA(b), WA s47ZG(b), VIC s47(d), ACT Part 10A, TAS s12(b) — all provide this authority. No legislative amendment, ministerial direction, or regulatory change is required in any jurisdiction. A board resolution by the relevant Coordinator is sufficient legal basis.
Legislative & Evidentiary Basis
NSW WARR Act 2001 s25(d): Coordinator may contract persons for services 'relating to the scheme'
QLD WRR Act 2011 s99ZA(b): Coordinator may 'enter into contracts, agreements or arrangements with persons'
WA WARR Act 2007 s47ZG(b): Coordinator may 'enter into arrangements with any person'
VIC CE Act 2021 s47(d): Coordinator may 'enter into contracts or arrangements with any person for the purposes of the container deposit scheme'
ACT WMRR Act 2016 Part 10A: Coordinator may contract 'for the provision of services relating to the container deposit scheme'
TAS CRS Act 2022 s12(b): Coordinator may 'enter into contracts and arrangements with persons'
National Waste Policy 2018 Action 15 expressly contemplates innovation in scheme delivery mechanisms
The federal architecture that binds every state scheme
to the same 85% obligation.
While CDS legislation is enacted at state level, every scheme operates under a national policy framework that creates consistent obligations, shared targets, and coordinated accountability.
National Waste Policy 2018
Establishes Australia's national framework for waste management and resource recovery, including container deposit schemes as a priority mechanism.
National Waste Policy Action Plan 2019 (updated 2022)
Operationalises the National Waste Policy through specific actions, timelines, and accountabilities.
Product Stewardship Act 2011 (Cth)
Provides the federal legislative framework under which container deposit scheme activities are nationally co-ordinated.
How any Coordinator approves the
10c Recycling Games — legally, today.
No new legislation. No regulatory change. No ministerial approval required beyond what each Coordinator already possesses. The legal pathway is open in every jurisdiction.
Step 01
Coordinator identifies performance gap
All CDS Coordinators are legally required to progress toward 85%. Current rates (see CDS Performance Audit for latest figures): NT 88%, SA 75%, QLD 67%, NSW 68%, WA 65%, ACT 69%, VIC 62%, TAS 52%. Every Coordinator except NT is in statutory non-compliance with performance targets.
Step 02
Coordinator exercises power to contract third parties
Every jurisdiction explicitly permits the Coordinator to contract third-party service providers. NSW s25, QLD s99ZA, WA s47ZG, VIC s47(d), TAS s12 — all provide this power. No legislative change is needed.
Step 03
National contract with 10c Recycling Games
A single national contract with the 10c Recycling Games operators delivers consistent behavioural engagement across all participating jurisdictions. This is nationally aligned under the National Waste Policy and more cost-effective than separate state contracts.
Step 04
Measurable return rate improvement — 85% achieved
The 10c Recycling Games creates the behavioural normalisation that the NT demonstrates is achievable. It operates within existing scheme economics, funded from container return mechanics — no new public funding required.
The Bottom Line
The legislation is already there. The legal authority already exists. The only missing element is the decision to use it.
Every piece of CDS legislation in Australia is built on the premise that Coordinators have broad discretion to deliver scheme functions effectively. The failure to reach 85% is documented. The tools available to address it — including third-party behavioural programs — are expressly permitted. The 10c Recycling Games is not asking for special treatment. It is asking Coordinators to use the powers they already have.
All 8 jurisdictions. Every primary act. One table.
Australian CDS Legislative Reference — All Active Jurisdictions
Sorted by return rate. 85% is the legislated national target.
| State | Primary Act | Scheme | Return Rate | Gap to 85% | 3rd Party Permitted | Source |
|---|---|---|---|---|---|---|
| NT | WMPC Act 1998 | Containers for Change | 88% | On target | Yes | |
| SA | EP Act 1993 (Part 8 Div 2) | Container deposit scheme | 75% | −10pts | Yes | |
| QLD | WRR Act 2011 | Containers for Change | 67% | −18pts | Yes | |
| NSW | WARR Act 2001 (Part 5) | Return and Earn | 68% | −17pts | Yes | |
| WA | WARR Act 2007 (Part 3A) | Containers for Change | 65% | −20pts | Yes | |
| ACT | WMRR Act 2016 (Part 10A) | ACT CDS | 69% | −16pts | Yes | |
| VIC | CE Act 2021 | CDS Vic | 62% | −23pts | Yes | |
| TAS | CRS Act 2022 | Recycle Rewards | 52% | −33pts | Yes |
Finding: Third-party behavioural program contracts are expressly permitted in all 8 jurisdictions. Zero legislative changes are required to implement the 10c Recycling Games in any Australian CDS.
Full Legislative Text — All 8 Jurisdictions
Every section reproduced verbatim from AustLII and official Parliamentary Counsel databases. Key provisions highlighted, annotations alongside — never within — the text.
Every act. Every section.
Every provision that matters.
Click any jurisdiction to expand its full legislative analysis — including primary acts, key provisions, plain English interpretations, and direct links to official legislation databases.
New South Wales
Return and Earn · Exchange for Change / TOMRA Cleanaway
68%
−17pts to 85%
Primary Act
WARR Act 2001
Coordinator
Exchange for Change / TOMRA Cleanaway
3rd Party Contracts
✓ Expressly Permitted
Queensland
Containers for Change · COEX (Container Exchange)
72%
−13pts to 85%
Primary Act
WRR Act 2011
Coordinator
COEX (Container Exchange)
3rd Party Contracts
✓ Expressly Permitted
Western Australia
Containers for Change · WARRRL
65%
−20pts to 85%
Primary Act
WARR Act 2007 (Part 3A)
Coordinator
WARRRL
3rd Party Contracts
✓ Expressly Permitted
Victoria
CDS Vic · VicReturn
52%
−33pts to 85%
Primary Act
CE Act 2021
Coordinator
VicReturn
3rd Party Contracts
✓ Expressly Permitted
South Australia
Container deposit scheme · Return-It SA
75%
−10pts to 85%
Primary Act
EP Act 1993 (Part 8 Div 2)
Coordinator
Return-It SA
3rd Party Contracts
✓ Expressly Permitted
Australian Capital Territory
ACT Container Deposit Scheme · Exchange for Change (ACT) / Return-It
62%
−23pts to 85%
Primary Act
WMRR Act 2016 (Part 10A)
Coordinator
Exchange for Change (ACT) / Return-It
3rd Party Contracts
✓ Expressly Permitted
Tasmania
Recycle Rewards · TasRecycle Limited
42%
−43pts to 85%
Primary Act
CRS Act 2022
Coordinator
TasRecycle Limited
3rd Party Contracts
✓ Expressly Permitted
Northern Territory
Containers for Change · Beverage Industry Environment Council (BIEC)
88%
✓ On target
Primary Act
WMPC Act 1998
Coordinator
Beverage Industry Environment Council (BIEC)
3rd Party Contracts
✓ Expressly Permitted
Every lever has been pulled.
One remains.
This analysis examines every strategy deployed across Australian CDS schemes against the legislative record and documented outcomes. Each strategy is legally assessed and evidence-graded.
More Reverse Vending Machines (RVMs)
Plateau — not sufficientNSW has 667 collection points including world-class TOMRA RVMs. Return rate: 68%. NT has 33 collection points. Return rate: 88%. Network density is not the constraint.
More Time — Scheme Maturity
Disproven — SA at 49 yearsSouth Australia has operated a container deposit scheme since 1977 — 49 years. Return rate: 75%. If time alone was sufficient, SA would have reached 85% decades ago.
Increase Deposit to 20c
Rejected — QLD Government 2026Queensland's LNP government formally rejected the 20c increase in March 2026, citing cost-of-living concerns. The NT achieves 88% at 10c — proving a higher deposit is not necessary.
Consumer Education Campaigns
Plateau — diminishing returnsEvery CDS state has run sustained consumer education campaigns at launch and ongoing. Return rates have plateaued below 85% in all cases. Awareness without habit is insufficient.
The Available Intervention — Not Yet Deployed
10c Recycling Games — Behavioural Engagement
Available — Legally permitted in all 8 jurisdictionsThe only major intervention not yet tried. Permitted in every jurisdiction. Aligned with national policy. Addresses the documented constraint — behavioural normalisation — that infrastructure, time, education, and deposit increases have all failed to solve.
Find any provision, section, or concept.
Search across all 8 jurisdictions — legislative text, section numbers, interpretations, and key terms.
Container Deposit Coordinator — Powers
The law is clear. The target is set.
The only question is who acts first.
Every CDS coordinator in Australia has the legal authority to contract the 10c Recycling Games today. The legislation is permissive. The performance gap is documented. The behavioural solution is proven in principle. The 10c Recycling Games is not asking for legislation. It is asking for leadership.
Important Legal Disclaimer
Please read and acknowledge these terms before continuing.