26Obligations of material recovery facility operators

26 Obligations of material recovery facility operators

(1)  Subject to subsection (2) , a material recovery facility operator must not claim a refund amount in respect of an approved container until –

(a) the approved container has been recycled, in the prescribed manner, at the material recovery facility operated by the operator; or

(b) the approved container has been –

(i) prepared for recycling, in the prescribed manner, at the material recovery facility operated by the operator; and

(ii) sent for recycling, in the prescribed manner, at another premises or facility.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 900 penalty units; or

(b) an individual, a fine not exceeding 300 penalty units.

(2)  Despite subsection (1) , a material recovery facility operator is taken to have –

(a) in the case of subsection (1)(a) , recycled an approved container in the prescribed manner if the approved container is recycled as specified in the agreement in force, under the scheme, in respect of the material recovery operator; or

(b) in the case of subsection (1)(b) , prepared an approved container for recycling in the prescribed manner if the approved container is prepared for recycling as specified in the agreement in force, under the scheme, in respect of the material recovery operator.

(3)  If a material recovery facility operator receives a refund amount from the scheme coordinator in respect of an approved container, the operator must ensure that the container does not enter into landfill.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 900 penalty units; or

(b) an individual, a fine not exceeding 300 penalty units.

(4)  Subsection (3) does not apply in respect of an approved container, or part of an approved container, that enters landfill in prescribed circumstances.