29Claiming refunds under scheme

29 Claiming refunds under scheme

(1)  A person may claim a refund amount under the scheme by depositing an approved container at a container refund point.

(2)  Subject to subsection (3) and this Act, a refund point operator must ensure that a refund amount is paid, for each approved container deposited at the container refund point operated by the operator, to the person who deposited the container.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 120 penalty units; or

(b) an individual, a fine not exceeding 60 penalty units.

(3)  A refund point operator may refuse to pay a refund amount, for a container deposited at a container refund point operated by the operator, if –

(a) the container is not an approved container; or

(b) section 30(3) applies in respect of the person who deposited the container at the container refund point; or

(c) section 31 applies in respect of the container.

(4)  Subsection (2) does not apply to a refund point operator in respect of an approved container deposited at a container refund point if –

(a) the operator has an agreement with the person depositing the container for the refund amount to be paid at a later time; or

(b) the prescribed circumstances exist in respect of the container, the refund point operator or the container refund point.

(5)  A refund point operator is not guilty of an offence under subsection (2) in respect of a container refund machine if –

(a) the machine accepts an approved container but does not pay a refund amount in respect of the container at the time of the acceptance of the container; and

(b) the refund point operator pays the refund amount owing in respect of the container as soon as practicable after the refund point operator becomes aware of the non-payment of the refund amount by the machine.