The Australian Competition and Consumer Commission has granted authorisation for five years to allow Refrigerant Reclaim Australia (RRA) to continue to operate a scheme to recover, reclaim, store or safely dispose of refrigerant.
RRA is a not for profit organisation which operates the scheme for the refrigeration and air-conditioning industry to recover ozone depleting and synthetic greenhouse gases (commonly known as refrigerant).
The product stewardship scheme has been authorised by the ACCC since 1994 and is currently authorised, on an interim basis pending this determination coming into effect.
The scheme is currently funded by an industry levy of $2.00 per kilogram on refrigerant imported and sold in Australia. The ACCC authorises the RRA Board to reduce but not increase the levy during the period of authorisation.
The ACCC also grants authorisation to RRA to expand the scope of the scheme to enable the RRA Board to set rebates paid to contractors and wholesalers to return refrigerant and to consider alternative disposal processes such as reclaiming the refrigerant to on-sell, and alternative destruction services.
However, the ACCC has decided to grant authorisation subject to conditions that require RRA to enhance the transparency of its scheme.
“The ACCC considers that the scheme delivers a net public benefit by facilitating greater compliance with environmental regulations resulting in a reduction in the volume of ozone depleting substances and synthetic greenhouse gases released into the atmosphere,” ACCC chairman Graeme Samuel said.
Authorisation provides immunity from court action for conduct that might otherwise raise concerns under the competition provisions of the Competition and Consumer Act 2010. Broadly, the ACCC may grant an authorisation when it is satisfied that the public benefit from the conduct outweighs any public detriment. The ACCC notes that in general, associations are able to undertake certain representations on behalf of members without the need for authorisation.
The ACCC's determination will be available from the public register on ACCC website www.accc.gov.au/AuthorisationsRegister.