The Australian Competition and Consumer Commission proposes to grant authorisation to allow Refrigerant Reclaim Australia (RRA) to continue to operate a product stewardship scheme to recover ozone depleting and synthetic greenhouse gases (refrigerant).
The scheme is currently funded by an industry levy of $2.00 per kilogram on refrigerant imported and sold in Australia.
The product stewardship scheme has been authorised by the ACCC since 1994 and is currently authorised, on an interim basis while the ACCC considers the application.
The ACCC proposes to grant authorisation to the RRA to expand the scope of the scheme to enable it 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.
“The ACCC considers that the scheme facilitates 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.
However, at this time, the ACCC does not propose to allow RRA to amend the levy during the proposed term of authorisation. Without further information about the circumstances in which RRA may amend the levy the ACCC cannot be satisfied that amendments to the levy would continue to be in the public interest. The ACCC has invited further submissions on this issue.
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 will now seek further submissions from the applicant and interested parties in relation to this draft determination prior to making a final decision.
The ACCC's draft determination will be available from the public register on ACCC website www.accc.gov.au/AuthorisationsRegister