Battery Stewardship Council (BSC) members and industry participants would be able to meet their participation requirements under the BSC’s B-cycle Battery Stewardship Scheme without breaching competition law under the ACCC’s proposed determination.
The Scheme is designed and operated by BSC and aims to significantly increase appropriate end-of-life battery disposal and recycling in Australia.
“Our role in this process is to determine whether the collaboration and price agreement between the BSC’s members, results in benefits to the public that are greater than the potential detriments and therefore can be granted an exemption. In this case our preliminary view is that an exemption can and should be granted,” ACCC Deputy Chair Mick Keogh said.
“We consider the conduct proposed by BSC is likely to result in significant environmental, health and safety benefits by diverting batteries from landfill and raising public awareness around responsible battery disposal and re-use, reducing fire risks in waste streams, and increasing innovation.”
“We acknowledge the Scheme’s low collection rate to date, particularly due to its voluntary nature, and recognise the opportunity for better collection outcomes with states moving towards mandatory stewardship frameworks and as consumer awareness and behaviour continues to change,” Keogh said.
The ACCC considers that minimising the safety risks associated with storing button batteries must continue to be a priority and therefore proposes to specify a condition in its authorisation that the BSC continues implementing its Button Battery Safety Strategy.
To ensure sufficient transparency and effectiveness of the Scheme, the ACCC also proposes to require an annual report on key Scheme outcomes be published by the BSC, as well as an independent review of the Scheme in three years’ time.
Some interested parties proposed a shorter authorisation period of 2–3 years due to uncertainty around the anticipated introduction of mandatory product stewardship legislation, and the current low collection rates of the Scheme.
“We don’t consider that the BSC’s proposed conduct will delay or deter other regulatory approaches to battery stewardship in the short to medium term, although the ACCC seeks further submissions on the proposed duration of authorisation,” Keogh said.
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