Document ID: chunk:federal_register_of_legislation:F2011L02093:body:0:p8
Version: federal_register_of_legislation:F2011L02093
Segment Type: other
Provision Reference: 
Character Range: 19865–22797

shall ensure that they are able to collect the information set out in this Part from brand owners and local governments.

 (2) Where a Covenant signatory has provided information to the Covenant Council, the Covenant Council will provide the information to the Commonwealth on request, subject to subclause 17 (4), and no additional reporting of that information will be required by the participating jurisdiction.

 (3) Participating jurisdictions shall adopt a common approach to the interpretation of data gathered pursuant to these protocols and to the terminology used with the data.

 (4) The terminology shall be used in accordance with the definitions set out in this Measure.

16 Recovery Data

 (1) Participating jurisdictions shall require brand owners to record the following information for each packaging material used during a financial year by the brand owner:
 (a) total weight of material used by material type;
 (b) number of units of packaging by unit and material type;
 (c) total weight of material recovered by material type;
 (d) total weight of recovered material re-used and recycled in Australia by material type;
 (e) total weight of recovered material re-used and recycled by material type through export;
 (f) total kilojoules of embedded energy recovered;
 (g) total weight of recovered material disposed of to landfill;
 (h) how consumers have been advised as to how packaging is to be recovered.

 (2) The above information should be used to calculate and record a recovery rate for the brand owner's used packaging materials in accordance with the following formula:

 (3) Participating jurisdictions shall require a brand owner to:
 (a) keep records of the information in subclauses (1) and (2) for five years; and
 (b) make records available for inspection by the nominated agency of the participating jurisdiction.

 (4) Participating jurisdictions shall make arrangements to audit the records kept by brand owners under this clause.

 (5) The requirements of clause 17 shall be imposed, to the extent possible, by the participating jurisdiction within which the brand owner has its registered office.

 (6) Each participating jurisdiction shall maintain the confidentiality of commercially sensitive information given to it by a brand owner and shall not publicly release any information unless:
 (a) the brand owner consents to the release of the information; or
 (b) the participating jurisdiction is legally compelled to release it; or
 (c) the information is aggregated with other information so as to conceal its source: or
 (d) it is in the public interest to release it.

 (7) For the purpose of this clause, "material" means the principal component or components of the container and does not include incidental components such as labels and closures.

17 Collection and Participation Data

 (1) Participating jurisdictions shall require each local government of a municipal district