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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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