First Responsible Suppliers

A First Responsible Supplier is any business providing beverages in containers in Tasmania, through the course of business or otherwise. This includes manufacturers, distributors, wholesalers, and retailers.

The meaning of First Responsible Supplier is contained in Section Five of the Container Refund Scheme Act 2022

First you need to check whether you would be considered a supplier. You should refer to the Container Refund Scheme Act 2022 (and Regulations) to determine whether you are a First Responsible Supplier.

If you are required to enter into a supply agreement with us, you need to do the following:

• Enter into a Supply Agreement with TasRecycle.
• Share the last 12 months of historical volume with TasRecycle within 10 business days of executing the Supply Agreement (or when the system opens)
• Register your containers for approval via the product registry on our website (when the system opens).

The First Responsible Supplier contracting system will go live from 1 February 2025 and you will be able to register your details and enter into a Supply Agreement with the Scheme Coordinator.

The Approved Container Registry will be available to register your containers from 1 March 2025.

The Supply Agreement is a contract between each entity that is a supplier (as defined under the Container Refund Scheme Act 2022 (and Regulations) and Scheme Coordinator. It also consists of two ancillary documents which each such entity is also required to enter into, the First Responsible Supplier Side Deed and the Accession Deed Poll. The terms of each of these documents have been approved by the State.

A supplier who provides the first supply of beverages in Tasmania in an eligible container will need to enter into various agreements with TasRecycle, the Scheme Coordinator.

The Container Refund Scheme Act 2022 as well as the associated regulations highlights that if you are a First Responsible Supplier then there is a requirement for a supply agreement with the Scheme Coordinator, TasRecycle.

From the day that Recycle Rewards commences in mid 2025 it will be an offence for a person who is a First Responsible Supplier to supply a beverage in a container to any other person in Tasmania unless –

• a Supply Agreement is in force between the person and the Scheme Coordinator in respect of a class of containers to which the container belongs; and
• an approval as an eligible container is in force in respect of that container (or class of containers.)

The offence, as well as the requirement for a supply agreement, are explained in section 11(2) of the Act.

First Responsible Suppliers should ensure that they have entered into a supply agreement prior to scheme commencement.

Suppliers will need to enter into the following agreements:

1. First Responsible Supplier Supply Agreement
2. First Responsible Supplier Side Deed
3. Accession Deed Poll relating to the Common Disputes Deed

Suppliers should seek independent legal advice in relation to the terms of the Supply Agreement, Supplier Side Deed and/or Accession Deed Poll.

This is not possible. The pro-forma copies of these documents have been approved by the State and are identical for all suppliers. You will not be able to negotiate departures to the terms of these documents.

Invoices will be issued monthly by the Scheme Coordinator to First Responsible Suppliers once Recycle Rewards commences. These invoices must be paid within 5 business days after the invoice is issued in accordance with the supply agreement.

Small suppliers (that supply 300,000 or less containers per annum) can apply to move to annual invoices.

TasRecycle is a not-for-profit entity and as such does not make a profit on the scheme.

The Supply Agreement is an agreement between the supplier and TasRecycle which requires the supplier to:

• Make contributions towards the cost of the management, administration and operation of the scheme;
• Report on the volume of its supplies in Tasmania; and
• Provide access to independent auditors to verify the data it has provided to TasRecycle

• The First Responsible Supplier must provide to the Scheme Coordinator a statement which specifies the number of approved containers supplied by the First Responsible Supplier in Tasmania in the 12-month period immediately prior to the scheme commencement date.
• This must be provided within 10 business days of the effective date of the Supply Agreement (or when the system opens).

• The First Responsible Supplier must provide monthly reporting data for the total number of eligible containers by material type supplied in Tasmania for the previous month.

• The First Responsible Supplier must provide an annual statutory declaration each year confirming the accuracy of the prior 12 months’ submissions at the end of each financial year.
• The First Responsible Supplier must also provide the number of suitable eligible containers supplied in Tasmania for the previous financial year, aggregated by material type.

• Make contribution payments in line with invoicing requirements (within 5 business days).
• Pay penalty interest on any overdue amounts if required under the supply agreement.

• Provide all required access and reasonable assistance if requested to an independent auditor that has been engaged by the Scheme Coordinator to review any applicable electronic systems or data provided by the First Responsible Supplier in accordance with the Supply Agreement.

The Supplier Side Deed:

• Grants the State rights to carry out an obligation under the Scheme Coordinator Agreement or the Supply Agreement which the Scheme Coordinator was obliged to but has failed to carry; and
• Facilitates the novation of the Supply Agreement to the State’s nominee in the event of termination or expiry of the Scheme Coordinator Agreement.

There is no need for suppliers to enter into any additional documents.
The supplier is obliged to continue to comply with the terms of the Supply Agreement on its original terms irrespective of a novation to the State or its replacement Scheme Coordinator.

After the novation, the State or its replacement Scheme Coordinator is responsible for carrying out all of the original obligations of the scheme coordinator.

The Common Dispute Deed provides a process for determination of certain disputes that may involve First Responsible Suppliers, the Scheme Coordinator, network operator and the state.

The Accession Deed Poll is a mechanism by which First Responsible Suppliers become party to the Common Dispute Deed. First Responsible Suppliers are required to provide the Scheme Coordinator with an executed Accession Deed Poll when entering a Supply Agreement.

The supplier audit program is currently being finalised and we will provide further detail as soon as available. We do not expect requirements under the audit program to be materially different to those in other Australian jurisdictions.