17No refund for container purchased outside Territory or

17 No refund for container purchased outside Territory or corresponding jurisdiction (a) the person delivers a permitted container to an approved collection depot for claiming the refund amount for the container; and (b) the container: (i) was not purchased in the Territory or a corresponding jurisdiction; or

Environment Protection (Beverage Containers and Plastic Bags) Act 2011 13 (ii) was purchased before the start of the CDS. (a) intentionally delivers the container for claiming the refund amount; and (b) is reckless as to whether the container was purchased: (i) in the Territory or a corresponding jurisdiction; or (ii) before the start of the CDS. (2) In a proceeding for an offence against subsection (1), the court must presume, in the absence of evidence to the contrary, the container: (a) was not purchased in the Territory or a corresponding jurisdiction; or (b) was purchased before the start of the CDS. (3) The operator of an approved collection depot may ask a person delivering containers for claiming refund amounts to complete a declaration in the approved form stating the person has no reason to believe the containers: (a) were not purchased in the Territory or a corresponding jurisdiction; and (b) were purchased before the start of the CDS. (4) The operator of an approved collection depot commits an offence if: (a) within any 48 hour period, a person delivers to the depot more than the bulk quantity of containers for claiming refund amounts; and (b) the operator does not ask the person to complete a declaration of a kind mentioned in subsection (3).

Environment Protection (Beverage Containers and Plastic Bags) Act 2011 14 (6) The operator of an approved collection depot commits an offence if the operator does not: (a) keep each declaration made under this section (or a copy of the declaration) at the operator's place of business in the Territory for 3 years after the date of the declaration; or (b) have the document mentioned in paragraph (a) available for inspection at all reasonable times by an authorised officer. (7) An offence against subsection (6) is an offence of strict liability. (8) In this section: bulk quantity, of containers, means: (a) 1 500 containers; or (b) if another quantity is prescribed by regulation – the other quantity.