106Offence to refuse delivery of or refund for container

106 Offence to refuse delivery of or refund for container

(1) Subject to section 108, if a person presents a suitable eligible container to a refund collection point for the purpose of claiming a refund amount, the collection point operator of that refund collection point must not, without reasonable excuse—

(a) fail or refuse to take delivery of the container; or

(b) fail to pay to the person the refund amount for the container in accordance with subsection (5).

(2) Subsection (1) does not apply—

(a) if the suitable eligible 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 Victoria; 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 refund 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 collection point operator under section 108(1); or

(d) in any prescribed circumstances.

(3) A person who contravenes subsection (1) commits an offence against that subsection and is liable to a penalty not exceeding—

(a) in the case of a natural person, 250 penalty units; or

(b) in the case of a body corporate, 1250 penalty units.

(5) A refund amount payable under this section must be paid—

(a) in cash or in any other prescribed manner; and

(b) at the time the collection point operator accepts delivery of the suitable eligible container or at any later prescribed time.

(6) Subsection (5)(a) does not prevent a collection point arrangement making further provision for limiting the manner in which a collection point operator may pay a refund amount.