New South Wales Consolidated Acts

WASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2001 - SECT 42

42 Refund amounts payable by collection point operators

(1) Subject to section 43, if a person presents an empty container to a collection point for the purpose of claiming a refund amount, the collection point operator must accept delivery of the container and pay to the person the refund amount for the container.

: Maximum penalty--

(a) in the case of a corporation--100 penalty units, or

(b) in the case of an individual--50 penalty units.

(2) Subsection (1) does not apply--

(a) if the container for which the refund amount is claimed does not bear a refund marking, or

(b) if the collection point operator reasonably believes--

(i) that the container was not acquired in the State or in a jurisdiction in which a corresponding law is in force, or

(ii) that the container was acquired before the commencement of this Part, or

(iii) that a refund amount has previously been paid for the container at any collection point, or

(iv) that the container has previously been processed by a material recovery facility operator for reuse or recycling and a Scheme Coordinator has made, or is required to make, a payment in respect of the container to that operator under a Scheme Coordinator agreement, or

(c) if the person has refused to comply with a requirement of the operator under section 43, or

(d) in any other circumstances prescribed by the regulations.

(3) A refund amount that is payable under this section must be paid--

(a) in cash or in any other manner prescribed by or determined under the regulations, and

(b) at the time the collection point operator accepts delivery of the container, or at any later time in accordance with the regulations.

(4) Subsection (3)(a) does not prevent a collection point arrangement making further provision for limiting the manner in which a collection point operator may pay refund amounts.

(5) For the purposes of subsection (1), the collection point operator in relation to a reverse vending machine is taken not to accept the delivery of a container if the container is inserted into, and rejected by, the machine.

(6) For the purposes of subsection (3)(b), the collection point operator in relation to a reverse vending machine is taken not to have paid a refund amount at the time the operator accepts delivery of the container if--

(a) the container is inserted into, and not rejected by, the machine, and

(b) the machine fails to dispense payment of a refund amount for the container.