New South Wales Consolidated Acts

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WASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2001 - SECT 44

Offence to claim refund for containers not subject to Scheme

44 Offence to claim refund for containers not subject to Scheme

(1) A person must not present a container to a collection point for the purpose of claiming a refund amount if the person knows, or ought reasonably to know--
(a) that the container was not acquired in the State or in a jurisdiction in which a corresponding law is in force, or
(b) that the container was acquired before 1 December 2017, or
(c) that a refund amount has previously been paid for the container at any collection point, or
(d) 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.
(2) A Scheme participant must not issue to a Scheme administrator an invoice or other statement claiming a refund amount payable to the Scheme participant by the Scheme administrator for a container under a Scheme arrangement if the Scheme participant knows, or ought reasonably to know--
(a) that the container was not acquired in the State or in a jurisdiction in which a corresponding law is in force, or
(b) that the container was acquired before 1 December 2017, or
(c) that a refund amount has been paid for the container on more than one occasion at any one or more collection points, or
(d) 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.
(3) In this section--

"Scheme administrator" means a network operator or Scheme Coordinator.

"Scheme participant" means a collection point operator or network operator.
: Maximum penalty for subsections (1) and (2)--
(a) for a corporation--4,000 penalty units, or
(b) for an individual--1,000 penalty units.



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