109Offence to claim refund for containers not subject to container deposit scheme

109 Offence to claim refund for containers not subject to container deposit scheme

(1) A person must not present a container to a refund collection point for the purpose of claiming a refund amount if the person knows, or ought reasonably to have known, that—

(a) the container was not acquired in Victoria; or

(b) the container was acquired before the commencement of this Part; or

(c) a refund amount has previously been paid for the container at any refund collection point in or outside Victoria; or

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

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

(3) A person must not issue an invoice or other statement claiming a refund amount is payable to the person for a container under a scheme arrangement if the person knows, or ought reasonably to have known—

(a) that the container was not acquired in Victoria; or

(b) that the container was acquired before the commencement of this Part; or

(c) that a refund amount has previously been paid for the container at any refund collection point in or outside Victoria; or

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

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

(5) Subsections (1) and (3) are civil penalty provisions.