Waste Avoidance and Resource Recovery Act 2007
Waste Avoidance and Resource Recovery (Container Deposit Scheme) Amendment Regulations 2026
Waste Avoidance and Resource Recovery Act 2007
Waste Avoidance and Resource Recovery (Container Deposit Scheme) Amendment Regulations 2026
Western Australia
Waste Avoidance and Resource Recovery (Container Deposit Scheme) Amendment Regulations 2026
Contents
1.Citation1
2.Commencement1
3.Regulations amended1
4.Regulation 3 amended1
5.Regulation 3AA inserted3
3AA.Classes of things that are beverages3
6.Regulation 3A amended4
7.Regulation 3B amended5
8.Regulation 3EA inserted7
3EA.Meaning of bulk claim arrangement (bale)7
9.Part 1A Division 1 deleted8
10.Part 1A Division 2 heading replaced8
Division 2 — Refund mark and barcodes
11.Regulation 3F inserted9
3F.Beverage product class9
12.Part 1A Division 3 Subdivision 1AA inserted9
Subdivision 1AA — Interpretation
3HA.Terms used9
13.Regulation 3J amended10
14.Regulation 3M amended10
15.Regulation 3NA inserted10
3NA.Requirement to notify Coordinator of new barcode10
16.Part 1A Division 3 Subdivisions 1A and 1B inserted11
Subdivision 1A — Container approval taken to be held
3NB.Certain first responsible suppliers taken to hold container approval11
Subdivision 1B — Amendment of container approval by application
3NC.Application to amend container approval12
3ND.Deciding amendment application13
17.Part 1A Division 3 Subdivision 2 replaced15
Subdivision 2 — Container approval taken to be transferred
3O.Certain container approvals taken to be transferred15
18.Regulation 3S amended16
19.Regulation 3T amended16
20.Regulation 3V amended16
21.Regulation 4C amended16
22.Regulation 4D amended19
23.Regulation 4E amended19
24.Regulation 4G amended21
25.Regulation 4I amended21
26.Regulation 4J amended22
27.Regulations 4JA and 4JB inserted22
4JA.Refund point operator must give copy of bulk claim arrangement (bale) to Coordinator22
4JB.Coordinator may give notice to stop accepting containers under bulk claim arrangement (bale)22
28.Regulation 4W amended23
29.Regulation 4ZA amended24
30.Regulation 4ZB amended24
31.Regulation 7 amended24
32.Regulation 12 amended27
33.Regulation 14A inserted27
14A.Notice to CEO of certain matters under Work Health and Safety Act 202027
34.Regulation 18 amended30
35.Regulation 20A inserted30
20A.Use of moneys in Scheme Account30
36.Regulation 34 amended30
37.Regulation 40A inserted31
40A.Coordinator may give documents using national CDS portal31
38.Part 5 heading and Part 5 Division 1 heading inserted32
Part 5 — Transitional provisions
Division 1 — Transitional provision for Waste Avoidance and Resource Recovery (Container Deposit Scheme) Regulations 2019
39.Part 5 Division 2 inserted32
Division 2 — Transitional provisions for Waste Avoidance and Resource Recovery (Container Deposit Scheme) Amendment Regulations 2026
42.Transition periods for displaying barcode and refund mark on certain containers32
43.Existing applications for transfer of container approval33
44.Recording transfers in register34
45.Application of r. 14A34
Waste Avoidance and Resource Recovery Act 2007
Waste Avoidance and Resource Recovery (Container Deposit Scheme) Amendment Regulations 2026
Made by the deputy of the Governor in Executive Council.
These regulations come into operation as follows —
(a)regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website;
(b)the rest of the regulations — on 1 July 2026.
These regulations amend the Waste Avoidance and Resource Recovery (Container Deposit Scheme) Regulations 2019.
(1)In regulation 3(1) insert in alphabetical order:
bulk claim arrangement (bale) has the meaning given in regulation 3EA(1);
bulk quantity, of empty containers, means 1 500 or more containers;
micro beverage supplier has the meaning given in subregulation (3)(b);
small beverage supplier has the meaning given in subregulation (3)(a);
whole container means a container that is whole, or that is not missing anything other than labelling or a lid, ring pull or other portion of the container that is designed to be removed by consumers for the purposes of accessing the contents of the container.
(2)In regulation 3(1) in the definition of subsidiary delete “9.” and insert:
9;
(3)Delete regulation 3(3) and insert:
(3)For the purposes of the definition of minor beverage supplier in section 47U(1) of the Act —
(a)a beverage supplier (a small beverage supplier) who is likely to supply in the State at least 150 000 but less than 300 000 beverage products in a financial year is a minor beverage supplier for that financial year; and
(b)a beverage supplier (a micro beverage supplier) who is likely to supply in the State less than 150 000 beverage products in a financial year is a minor beverage supplier for that financial year.
After regulation 3 insert:
3AA.Classes of things that are beverages
(1)In this regulation, a thing is a spiritous liquor if the thing is —
(a)any of the following —
(i)a liqueur;
(ii)an alcoholic liquid that is intended for human consumption by drinking and produced by distillation;
(iii)a mixture of both the things referred to in subparagraphs (i) and (ii);
and
(b)not mixed with anything other than a thing referred to in paragraph (a)(i) or (ii).
(2)In this regulation, a thing is wine if the thing is —
(a)a liquid that is intended for human consumption by drinking and produced by fermentation of grapes (whether or not it is mixed with any other grape product); and
(b)not mixed with anything other than —
(i)a grape product; or
(ii)a spiritous liquor.
(3)For the purposes of paragraph (b) of the definition of beverage in section 47C(1) of the Act —
(a)all things that are spiritous liquor are in a class of things prescribed to be a beverage; and
(b)all things that are wine, regardless of the variety, vintage or blend of the wine, are in a class of things prescribed to be a beverage.
(1)In regulation 3A(1) delete the definition of cordial.
(2)In regulation 3A(1) insert in alphabetical order:
food for special medical purposes means a liquid that is food for special medical purposes as defined in the Food Standards Code, Standard 2.9.5 section 2.9.5—2;
Food Standards Code means the Australia New Zealand Food Standards Code as defined in the Food Standards Australia New Zealand Act 1991 (Cth) section 4;
syrup means a highly concentrated liquid —
(a)the main ingredient of which is sugar or a sugar derivative; and
(b)that is intended for use as an ingredient, topping, flavouring or sweetener to enhance —
(i)other liquids that are intended for human consumption by drinking such as coffee or tea; or
(ii)foods such as desserts;
and
(c)that may or may not be intended to be diluted before consumption.
(3)In regulation 3A(1) in the definition of registered health tonic paragraph (b)(ii) delete “dosage.” and insert:
dosage;
(4)After regulation 3A(1) insert:
(1A)For the purposes of the definition of syrup in subregulation (1), cordial is not syrup.
(5)Delete regulation 3A(2)(b) and (c) and insert:
(b)food for special medical purposes;
(c)syrup;
Note: The heading to amended regulation 3A is to read:
Things that are not beverages
(1)In regulation 3B(1) delete the definitions of:
flavoured milk
flavouring
wine‑based beverage
(2)In regulation 3B(1) insert in alphabetical order:
ceramic means a material —
(a)that is inorganic and non‑metallic; and
(b)made up of metal compounds and non‑metal compounds; and
(c)that has been shaped and hardened by heat;
(3)In regulation 3B(1) in the definition of sealable aluminium can paragraph (c) delete “non‑reusable;” and insert:
non‑reusable.
(4)Delete regulation 3B(2) and (3).
(5)Delete regulation 3B(5)(c) to (f) and insert:
(c)a vessel made wholly or partly of —
(i)biodegradable plastic as defined in the Environmental Protection (Prohibited Plastics and Balloons) Regulations 2018 regulation 3; or
(ii)degradable plastic as defined in the Environmental Protection (Prohibited Plastics and Balloons) Regulations 2018 regulation 3; or
(iii)polylactic acid (PLA); or
(iv)polybutylene succinate (PBS); or
(v)polyvinyl chloride (PVC); or
(vi)ceramic;
Note: The heading to amended regulation 3B is to read:
Things that are, and are not, containers
At the end of Part 1 insert:
3EA.Meaning of bulk claim arrangement (bale)
(1)A bulk claim arrangement (bale) is an arrangement in writing between a person and a refund point operator —
(a)under which the refund point operator agrees to accept claims for refund amounts for bulk quantities of empty containers that are in bales from the person; and
(b)that states the person’s obligations under the arrangement in relation to claiming the refund amounts and delivering empty containers to the refund point; and
(c)under which the person warrants the matters referred to in subregulation (2) in relation to the containers delivered under the arrangement.
(2)The matters are the following —
(a)the relevant beverage product for each container will be an approved beverage product;
(b)all of the containers will be —
(i)containers that were collected in the State for the purpose of claiming a refund amount under the scheme; and
(ii)in the case of transitioned containers (as defined in regulation 42(1)) — containers that were first supplied in the State on or after 1 July 2026; and
(iii)in the case of containers other than transitioned containers — containers that were first supplied in the State on or after 1 October 2020;
(c)the bales will not contain any container that —
(i)is not a whole container; or
(ii)is a contaminated container (as defined in regulation 4C(1)); or
(iii)is a container for which a refund amount has already been paid; or
(iv)has been collected or received by an MRF operator in its capacity as an MRF operator; or
(v)has been collected pursuant to an agreement to collect the container and deliver it to an MRF operator;
(d)the bales will not consist of any material other than containers;
(e)the bales will be compressed in such a way that the refund point operator will be reasonably able to separate the containers from each other for counting.
Delete Part 1A Division 1.
10.Part 1A Division 2 heading replaced
Delete the heading to Part 1A Division 2 and insert:
Division 2 — Refund mark and barcodes
At the beginning of Part 1A Division 2 insert:
In this Division, 2 or more beverage products belong to the same beverage product class if the beverage products all consist of the same particular beverage packaged in a container of the same particular type.
12.Part 1A Division 3 Subdivision 1AA inserted
At the beginning of Part 1A Division 3 insert:
Subdivision 1AA — Interpretation
In this Division —
equivalent approval, in relation to a container approval, or an application for a container approval, that applies to a beverage product, means an approval (however described) under a corresponding law that applies to the beverage product (or that applies to the type of container used for the beverage product);
register of container approvals means the register of container approvals kept under regulation 3V.
In regulation 3J(b) delete “labelling, and the proposed way of displaying the refund mark,” and insert:
labelling
In regulation 3M(4) delete “kept under regulation 3V”.
At the end of Part 1A Division 3 Subdivision 1 insert:
3NA.Requirement to notify Coordinator of new barcode
(1)In this regulation —
new barcode, in relation to a beverage product to which a container approval applies, means a barcode other than a barcode that is recorded for that beverage product under that container approval in the register of container approvals.
(2)This regulation applies if the holder of a container approval places a new barcode on a beverage product to which the container approval applies.
(3)Before the beverage product bearing the new barcode is supplied in the State by the holder, the holder must give the Coordinator written notice, in a form approved by the CEO, of the new barcode.
Penalty for this subregulation: a fine of $10 000.
16.Part 1A Division 3 Subdivisions 1A and 1B inserted
After Part 1A Division 3 Subdivision 1 insert:
Subdivision 1A — Container approval taken to be held
3NB.Certain first responsible suppliers taken to hold container approval
(1)Subregulation (2) applies to a person who is a first responsible supplier of a beverage product if —
(a)the type of container used for the beverage product is made wholly of aluminium or glass; and
(b)the Coordinator has received a notice from the person about the beverage product in a form approved by the CEO; and
(c)the Coordinator is satisfied that —
(i)the person has complied with any request under subregulation (5) within the specified time; and
(ii)the type of container used for the beverage product is made wholly of aluminium or glass; and
(iii)the labelling on the type of container used for the beverage product does not affect the capability of the type of container to be recycled and will not contaminate the recycling stream; and
(iv)a barcode that complies with the requirements prescribed for the purposes of section 47E(2)(c) of the Act (other than the requirement in regulation 3H(5)) has been allocated for the beverage product.
(2)The person is taken to hold a container approval that applies to the beverage product.
(3)The Coordinator must enter the details of the container approval in the register of container approvals.
(4)The container approval commences when it is entered into the register of container approvals by the Coordinator.
(5)For the purposes of being satisfied under subregulation (1)(c)(ii) to (iv), the Coordinator may request the person to provide further specified information or documents within a specified time.
Subdivision 1B — Amendment of container approval by application
3NC.Application to amend container approval
(1)The holder of a container approval may apply to the CEO to amend the approval, including a condition imposed on the approval by the CEO.
(2)However, an application cannot be made to revoke a condition on a container approval.
(3)An application is made by lodging the application with the Coordinator in a way approved by the CEO.
(4)The application must —
(a)be in a form approved by the CEO; and
(b)state the proposed amendment to the container approval; and
(c)contain or be accompanied by the information or documents required by the CEO (as indicated in the form or in material accompanying the form); and
(d)be accompanied by the fee determined by the CEO by order published in the Gazette.
(5)Within 10 business days after the application is lodged with the Coordinator, the Coordinator must —
(a)review the application and —
(i)if the Coordinator considers that the application should be refused — must make written submissions to the CEO in relation to the application; and
(ii)in any other case — may make written submissions to the CEO in relation to the application;
and
(b)forward the application to the CEO.
(6)For the purposes of deciding whether to make the proposed amendment to the container approval, the CEO may —
(a)request the applicant to provide further specified information or documents within a specified time; or
(b)invite any person to provide written submissions or information in relation to the application within a specified time.
(7)The CEO may refuse to consider an application if the applicant does not comply with a request under subregulation (6)(a) within the specified time.
3ND.Deciding amendment application
(1)If the CEO is deciding whether or not to amend a container approval on an application under regulation 3NC(1) —
(a)regulation 3J applies as if the application for amendment of the container approval were an application for the grant of a container approval; and
(b)regulation 3K applies as if a refusal to amend the container approval were a refusal to grant a container approval; and
(c)regulation 3L applies as if the decision were a decision about an application under section 47F(1) of the Act.
(2)The CEO must decide an application under regulation 3NC(1) within 20 business days after the later of the following days —
(a)the day on which the CEO receives the application from the Coordinator;
(b)if the CEO makes 1 or more requests under regulation 3NC(6)(a) in relation to the application — the day on which the last of the requests is complied with.
(3)If the CEO decides to amend a container approval on an application under regulation 3NC(1), the CEO must notify the applicant and the Coordinator of the decision within 5 business days after making the decision.
(4)The notice must state the amendment to the container approval.
(5)The Coordinator must update the details of the container approval in the register of container approvals within 5 business days after receiving the notification under subregulation (3).
(6)The amendment to the container approval takes effect when the Coordinator updates the details of the container approval in the register of container approvals.
(7)If the CEO decides to refuse an application to amend a container approval, the CEO must, within 10 business days after making the decision, give the applicant and the Coordinator written notice of the decision, stating the grounds on which the application was refused.
17.Part 1A Division 3 Subdivision 2 replaced
Delete Part 1A Division 3 Subdivision 2 and insert:
Subdivision 2 — Container approval taken to be transferred
3O.Certain container approvals taken to be transferred
(1)Subregulation (2) applies to a container approval if the Coordinator has received —
(a)a notice about transfer of the approval from the holder of the approval (the transferor) to another person (the transferee) in a form approved by the CEO; and
(b)the signed consent of the transferee.
(2)The container approval is taken to be transferred from the transferor to the transferee.
(3)The Coordinator must update the details of the container approval in the register of container approvals within 5 business days after receiving the notice and consent under subregulation (1).
(4)The transfer takes effect 10 business days after the details of the container approval are updated in the register of container approvals by the Coordinator.
In regulation 3S(1) delete “action).” and insert:
action) under regulation 3Q or 3R.
In regulation 3T(5) delete “kept under regulation 3V”.
In regulation 3V(2):
(a)after paragraph (c) insert:
(ca)whether the approval has been transferred;
(b)after paragraph (d)(iv) insert:
(v)if the approval has been transferred — the day on which the transfer takes effect;
(1)In regulation 4C(1) delete the definition of whole container.
(2)In regulation 4C(1) insert in alphabetical order:
cellared beverage transitioned container has the meaning given in regulation 42(1);
transitioned container has the meaning given in regulation 42(1).
(3)Delete regulation 4C(4)(b) and (c) and insert:
(b)in the case of a container other than a transitioned container —
(i)the refund mark is not displayed on the container or the container is in such a condition that the refund mark cannot be read; or
(ii)the refund point operator reasonably believes that the relevant beverage product was first supplied in the State before 1 October 2020;
or
(4)After regulation 4C(4) insert:
(4A)In addition to the grounds referred to in subregulation (4)(a), (d) and (e) —
(a)on and after 1 July 2026, a refund point operator may refuse to accept a container that is a transitioned container and to pay the refund amount for the container if the refund point operator reasonably believes that the relevant beverage product was first supplied in the State before 1 July 2026; and
(b)on and after 1 July 2029, a refund point operator may refuse to accept a container that is a transitioned container, other than a cellared beverage transitioned container, and to pay the refund amount for the container if —
(i)a barcode that complies with the requirements prescribed for the purposes of section 47E(2)(c) of the Act is not displayed on the container; or
(ii)the refund mark is not displayed on the container or the container is in such a condition that the refund mark cannot be read.
(4B)In addition to the grounds referred to in subregulations (4)(a), (d) and (e) and (4A)(a), on and after 1 July 2039, a refund point operator may refuse to accept a container that is a cellared beverage transitioned container and to pay the refund amount for the container if —
(a)a barcode that complies with the requirements prescribed for the purposes of section 47E(2)(c) of the Act is not displayed on the container; or
(b)the refund mark is not displayed on the container or the container is in such a condition that the refund mark cannot be read.
(5)In regulation 4C(5):
(a)in paragraph (a)(vi) delete “is or”;
(b)after paragraph (a) insert:
(aa)the container is part of a bale and a bulk claim arrangement (bale) is in place between the refund point operator and the person and —
(i)the refund point operator reasonably believes that the container does not comply with 1 or more matters the person warranted in the arrangement; or
(ii)the refund point operator has received a notice from the Coordinator under regulation 4JB(2) that relates to the arrangement and the notice is still in effect;
or
(ab)the container is part of a bale and no bulk claim arrangement (bale) is in place between the refund point operator and the person; or
In regulation 4D(1) after “regulations” insert:
3EA,
(1)In regulation 4E(1) delete the definition of bulk quantity.
(2)In regulation 4E(1) in the definition of bulk claim arrangement:
(a)in paragraph (a) after “containers” insert:
that are not in bales
(b)in paragraph (c) delete “arrangement;” and insert:
arrangement.
(3)In regulation 4E(2)(a) after “arrangement” insert:
or bulk claim arrangement (bale)
(4)In regulation 4E(3)(b):
(a)delete subparagraph (i) and insert:
(i)in the case of transitioned containers (as defined in regulation 42(1)) — all of the containers were first supplied in the State on or after 1 July 2026; and
(ia)in the case of containers other than transitioned containers — all of the containers were first supplied in the State on or after 1 October 2020; and
(b)delete subparagraph (iv) and insert:
(iv)in the case where there is no bulk claim arrangement (bale) between the person and the refund point operator — none of the containers are part of a bale; and
(v)none of the containers were part of a bale.
(5)In regulation 4E(4):
(a)in paragraph (c) delete “operator; and” and insert:
operator.
(b)delete paragraph (d).
Note: The heading to amended regulation 4E is to read:
Refund declarations
In regulation 4G(5)(c) delete “container (as defined in regulation 4C(1)); or” and insert:
container; or
(1)In regulation 4I:
(a)delete “A person” and insert:
(1)A person
(b)delete paragraph (c)(ii) and insert:
(ii)the container is part of a bale; or
(iii)the container was part of a bale.
(2)In regulation 4I in the Penalty delete “Penalty:” and insert:
Penalty for this subregulation:
(3)At the end of regulation 4I insert:
(2)Subregulation (1)(c)(ii) does not apply to the person if a bulk claim arrangement (bale) is in place between the refund point operator of the refund point and the person.
(1)Delete regulation 4J(1) and insert:
(1)A refund point operator must keep each refund declaration given to the refund point operator under regulation 4E for at least 3 years after the declaration was given.
Civil penalty: $25 000.
(2)In regulation 4J(2):
(a)delete “made or”;
(b)in paragraph (b) delete “making or”.
27.Regulations 4JA and 4JB inserted
After regulation 4J insert:
4JA.Refund point operator must give copy of bulk claim arrangement (bale) to Coordinator
A refund point operator who enters into a bulk claim arrangement (bale) must give the Coordinator a copy of the arrangement within 10 business days after entering into the arrangement.
Civil penalty: $5 000.
4JB.Coordinator may give notice to stop accepting containers under bulk claim arrangement (bale)
(1)This regulation applies if, in the Coordinator’s opinion —
(a)a refund point operator is accepting containers as part of a bale under a bulk claim arrangement (bale); and
(b)the refund point operator or the other party to the arrangement is not complying with the arrangement.
(2)The Coordinator may, by written notice, direct the refund point operator to stop accepting containers that are part of a bale under the bulk claim arrangement (bale) —
(a)for a specified period; or
(b)until further written notice from the Coordinator.
Delete regulation 4W(2) and insert:
(2)If, in the Coordinator’s opinion —
(a)the counterparty is a small beverage supplier, the frequency of payments and reporting to the Coordinator required under the supply agreement must not, unless the counterparty elects for the frequency to be monthly, be more than quarterly; or
(b)the counterparty is a micro beverage supplier, the frequency of payments and reporting to the Coordinator required under the supply agreement must be annually, unless the counterparty elects for the frequency to be monthly or quarterly.
In regulation 4ZA(d) delete “bales;” and insert:
bales, other than to the extent that a bulk claim arrangement (bale) is in place between the counterparty and another person;
In regulation 4ZB(1)(c)(iii) delete “container (as defined in regulation 4C(1)); or” and insert:
container; or
(1)Before regulation 7(1) insert:
(1A)In this regulation —
national CDS portal means an Internet application or website that —
(a)is established and maintained by the State and at least 1 other State or a Territory (each a participating jurisdiction); and
(b)allows the Coordinator, applicants for container approvals, scheme participants and proposed scheme participants to —
(i)exchange information required or permitted to be exchanged under Part 5A of the Act or these regulations; and
(ii)make and receive payments required or permitted to be made or received under Part 5A of the Act or these regulations;
Examples for this definition:
1.For the purposes of paragraph (b)(i), examples of the exchange of information are —
(a)lodging an application under regulation 3I for a container approval; and
(b)giving written notice under regulation 3M(6) to an applicant, on behalf of the CEO, of a decision by the CEO to refuse to grant a container approval; and
(c)reporting to the Coordinator under a supply agreement; and
(d)making a claim under an export rebate agreement.
2.For the purposes of paragraph (b)(ii), examples of payments are —
(a)payment of supply amounts under a supply agreement; and
(b)payment under an export rebate agreement.
State’s share of costs, in relation to the national CDS portal, means the following costs for the establishment, development, operation, maintenance and improvement of the portal —
(a)a flat fee that is payable in the same amount for each participating jurisdiction;
(b)a fee for processing a payment made to the Coordinator under the scheme;
(c)another type of cost that is calculated on the basis of the size of the scheme as a proportion of the combined size of —
(i)the scheme; and
(ii)each scheme (however described) under the corresponding law of each other participating jurisdiction.
(2)In regulation 7(2):
(a)in paragraph (ca) delete “3O” and insert:
3NC
(b)after paragraph (ca) insert:
(caa)to receive notices under regulations 3NB and 3O;
(c)in paragraph (d) delete “section.” and insert:
section;
(d)after paragraph (d) insert:
(e)to give to a person (other than the Coordinator), on behalf of the CEO, a notice, request, requirement or invitation required or permitted under these regulations to be given by the CEO to the person;
(f)to enter into (with the authorisation of the CEO under subregulation (2A)), give effect to, and comply with, agreements and arrangements about the governance or operation of the national CDS portal;
(g)to apply moneys from the Scheme Account to pay for the State’s share of costs in relation to the national CDS portal;
(h)to carry out the following functions of the Coordinator using the national CDS portal —
(i)exchanging information with applicants for container approvals, scheme participants and proposed scheme participants that is information required or permitted to be exchanged under Part 5A of the Act or these regulations;
(ii)making payments to and receiving payments from applicants for container approvals, scheme participants and proposed scheme participants that are payments required or permitted to be made or received under Part 5A of the Act or these regulations.
(3)After regulation 7(2) insert:
(2A)Upon request by the Coordinator, the CEO may authorise the Coordinator in writing to enter into an agreement or arrangement about the governance or operation of the national CDS portal.
In regulation 12(2)(c) delete “1 year.” and insert:
5 years.
After regulation 14 insert:
14A.Notice to CEO of certain matters under Work Health and Safety Act 2020
(1)In this regulation —
notifiable incident has the meaning given in the Work Health and Safety Act 2020 section 35;
relevant notice means any of the following —
(a)a notice under the Work Health and Safety Act 2020 section 38(1);
(b)a provisional improvement notice under the Work Health and Safety Act 2020 section 90(2);
(c)an improvement notice under the Work Health and Safety Act 2020 section 191(2);
(d)a prohibition notice under the Work Health and Safety Act 2020 section 195(3);
(e)a non‑disturbance notice under the Work Health and Safety Act 2020 section 198.
(2)The Coordinator must, in accordance with subregulation (3), inform the CEO about the following —
(a)a relevant notice that relates to a notifiable incident arising out of the operations of the collection network —
(i)given by the Coordinator; or
(ii)issued to the Coordinator;
(b)a relevant notice that relates to a notifiable incident arising out of the operations of the collection network, of which the Coordinator becomes aware —
(i)given by a scheme participant or any other person; or
(ii)issued to a scheme participant or any other person.
Civil penalty: $25 000.
(3)The Coordinator must inform the CEO, in writing —
(a)under subregulation (2)(a)(i) —
(i)in relation to a notice under the Work Health and Safety Act 2020 section 38(1) that is about the death of a person — within 4 hours of the time the notice is given; or
(ii)otherwise — within 5 business days of the day on which the relevant notice is given;
or
(b)under subregulation (2)(a)(ii) — within 5 business days of the day on which the relevant notice is received by the Coordinator; or
(c)under subregulation (2)(b)(i) —
(i)in relation to a notice under the Work Health and Safety Act 2020 section 38(1) that is about the death of a person — within 4 hours of the time the Coordinator becomes aware that the notice was given; or
(ii)otherwise — within 5 business days of the day on which the Coordinator becomes aware that the relevant notice was given;
or
(d)under subregulation (2)(b)(ii) — within 5 business days of the day on which the Coordinator becomes aware that the relevant notice was received.
In regulation 18(2)(a) delete “31 October” and insert:
30 November
At the end of Part 3 Division 4 insert:
20A.Use of moneys in Scheme Account
For the purposes of section 47ZO of the Act, the Coordinator may use moneys in the Scheme Account for the Coordinator’s function under regulation 7(2)(g).
In regulation 34(1):
(a)after paragraph (g) insert:
(ga)regulation 4JA;
(b)after paragraph (m) insert:
(ma)regulation 14A(2);
After regulation 40 insert:
40A.Coordinator may give documents using national CDS portal
(1)In this regulation —
electronic communication has the meaning given in the Electronic Transactions Act 2011 section 5(1);
national CDS portal has the meaning given in regulation 7(1A).
(2)This regulation applies in relation to a notice, request, requirement or invitation (a document) —
(a)required or permitted under Part 5A of the Act or these regulations to be given by the Coordinator to a person (other than the CEO); or
(b)required or permitted under these regulations to be given by the Coordinator, on behalf of the CEO, to a person.
(3)To the extent the giving of the document is relevant to the Coordinator’s functions referred to in regulation 7(2)(h), the Coordinator may give the document by electronic communication using the national CDS portal.
38.Part 5 heading and Part 5 Division 1 heading inserted
Before regulation 41 insert:
Part 5 — Transitional provisions
Division 1 — Transitional provision for Waste Avoidance and Resource Recovery (Container Deposit Scheme) Regulations 2019
After regulation 41 insert:
Division 2 — Transitional provisions for Waste Avoidance and Resource Recovery (Container Deposit Scheme) Amendment Regulations 2026
42.Transition periods for displaying barcode and refund mark on certain containers
(1)In this regulation —
cellared beverage transitioned container means a transitioned container that —
(a)is a bottle made wholly or partly of glass; and
(b)contains only spiritous liquor or only wine; and
(c)was stored before 1 July 2029 for the purpose of aging the spiritous liquor or wine before it is supplied;
first transition period means the period beginning on 1 July 2026 and ending on 30 June 2029;
repealed, in relation to a regulation, means the regulation as in force immediately before 1 July 2026;
second transition period means the period beginning on 1 July 2029 and ending on 30 June 2039;
spiritous liquor has the meaning given in regulation 3AA(1);
transitioned container means a container —
(a)used for a thing that was prescribed not to be a beverage in repealed regulation 3A(2)(b) or (c); or
(b)used for wine that contains a spiritous liquor; or
(c)that is a thing that was prescribed not to be a container in repealed regulation 3B(5)(c), (d), (e) or (f);
wine has the meaning given in regulation 3AA(2).
(2)During the first transition period, section 47E(2)(c) of the Act does not apply to a transitioned container.
(3)During the second transition period, section 47E(2)(c) of the Act does not apply to a cellared beverage transitioned container.
43.Existing applications for transfer of container approval
(1)This regulation applies to an application for the transfer of a container approval that was made under regulation 3O, but not decided or withdrawn, before 1 July 2026.
(2)For dealing with and deciding the application, regulations 3O and 3P as in force immediately before 1 July 2026 continue to apply as if they had not been repealed.
44.Recording transfers in register
Regulation 3V(2)(ca) and (d)(v) apply only if the container approval is transferred on or after 1 July 2026.
(1)Regulation 14A(2)(a) applies only if the relevant notice is given by or issued to the Coordinator on or after 1 July 2026.
(2)Regulation 14A(2)(b) applies only if the Coordinator becomes aware of the relevant notice on or after 1 July 2026 (whether the notice was given by or issued to the scheme participant or other person before, on or after 1 July 2026).
N. HAGLEY, Clerk of the Executive Council
© State of Western Australia 2026. This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2026. By Authority: ANDREW JONES, Government Printer