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

To determine if you are a First Responsible Supplier, please refer to our Fact Sheet for First Responsible Suppliers. You can also review the Container Refund Scheme Act 2022 and Container Refund Scheme Regulations 2023.

If you are a First Responsible Supplier of eligible drink containers into Tasmania, you have a legal obligation to participate in Recycle Rewards. This means that you will need to enter into a Supply Agreement with TasRecycle.

You can register as a First Responsible Supplier here. You can also download our Registration Instructions to use as a guide to the process.

Registering as a First Responsible Supplier means entering into a Supply Agreement with TasRecycle. This means you will need to:

• Provide your company information
• Share the last 12 months of historical volume with TasRecycle within 10 business days of entering into the Supply Agreement
• Register your containers for approval
• Enter into a First Responsible Supplier Side Deed
• Enter into an Accession Deed Poll relating to the Common Disputes Deed.

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 Supplier Side Deed and the Accession Deed Poll. The terms of each of these documents have been approved by the State.

All suppliers of drink containers are now required to display barcodes and 10c refund marks on eligible containers. This will be enforced from 1 November 2026. All suppliers are encouraged to register their containers in the interim.

See below for more information on supplier obligations, including entering in to a supplier agreement, data reporting and invoicing.

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 on 1 May 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. Supply Agreement
2. 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.

Once your Company Directors have signed the Supply Agreement and Supplier Side Deed, they then need to be countersigned by TasRecycle (and the Tasmanian Government) before they become effective. We are working to make this process as quick as possible to avoid delays in registering products.

Your Scheme ID will be generated once your Supply Agreement becomes effective (i.e. is signed by all parties), your Scheme ID will be generated.

To find your Scheme ID, please see the Container Registration Instructions

The Approved Container Registry is now available and you can register your products as soon as you have an effective Supply Agreement.

There are two common reasons why you may not see TasRecycle in the business portal when you log in:

1. You may need to clear cached images and files within your browser in order to see TasRecycle as an option within the business portal.
2. Your Supply Agreement may not yet be effective (this needs to be countersigned by TasRecycle before it becomes effective) and this needs to occur before you can begin to register products.

Invoices will be issued monthly.

First Responsible Supplier volume submissions are due by the 15th day of each month (covering the prior month). Invoices will be generated and sent by TasRecycle by the end of the month in which the submission is received. These invoices must be paid within 7 business days after the invoice is issued in accordance with the Scheme Payments and Contribution Methodology.

Recycle Rewards commences on 1 May 2025.  The first monthly First Responsible Supplier volume submission is due on 16 June 2025.    Unless a First Responsible Supplier is a Small Supplier who has elected to make payments annually, First Responsible Suppliers will receive their first invoice on 20 June 2025 and are required to pay the invoice within 7 business days.

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.

To ensure scheme integrity and success, First Responsible Suppliers are required to participate in the TasRecycle Supplier Audit Program. This program aims to ensure compliance with obligations under the Tasmanian Container Refund Scheme legislation and provide assurance to the public that the Scheme is operating as intended.

All First Responsible Suppliers who are registered with the Scheme are obligated under the Supply Agreement (section 6.4) to participate in the audit program if selected.  All registered First Responsible Suppliers have the possibility of being selected for an audit.

If a First Responsible Supplier has been selected to be audited, a notification will be received by the First Responsible Supplier from the independent auditor appointed by TasRecycle. The independent auditor is currently PKF Australia.

The independent auditor will liaise with you to inspect records relating to the participation in the Container Refund Scheme and report back to TasRecycle.

The participation in this program is important to ensure the integrity of the scheme and support positive outcomes for our community and environment.

Here are some suggestions we can offer about preparing for the audit:

• Do not ignore the audit notification. If you have any concerns, let us know immediately either by email or by calling our customer support team.
• Check your account in the portal. Ensure the container volumes that you have reported in the portal are up-to-date and accurate.
• Plan ahead. Set aside some time to work with the independent auditor. The audit should not take long and it is important that you advise in advance of your availability so that we can work with you to successfully complete the audit.