Description of Conduct

AGSAFE has lodged a minor variation to vary the Industry Waste Reduction Scheme (IWRS) Memorandum of Understanding (MOU) authorised by A90871. AGSAFE is seeking to vary the MOU and the ChemClear program so that the DrumMUSTER and ChemClear programs are administered by AGSAFE under the IWRS.

On 2 March 2005 the ACCC denied the request for minor variation having formed the view that the variation sought was not a minor variation./ Specifically the ACCC considered:
i) amalgamating two programs, one of which is not authorised, results in a scheme fundamentally different to the arrangement authorised and constitutes a material change to the scope and nature of the authorisation; and
ii) the transfer of funds from a program, which has been authorised, to a program which has not been authorised involves a material change to the effect of the authorisation; alternatively
iii) the amalgamation of levies from an authorised program and a non-authorised program, involves a material change to the effect of the authorisation.


Applicant(s)

  • Agsafe Ltd

Authorisation number(s)

  • A90871

Applications

ACCC correspondence