42Refund amounts payable by collection point operators

#### 42 Refund amounts payable by collection point operators 42 Refund amounts payable by collection point operators > > (1) Subject to section 43, if a person presents an empty container to a collection point for the purpose of claiming a refund amount, the collection point operator must accept delivery of the container and pay to the person the refund amount for the container. > > > > Maximum penalty— > > > > > (a) in the case of a corporation—100 penalty units, or > > > > > (b) in the case of an individual—50 penalty units. > > > (2) Subsection (1) does not apply— > > > > > (a) if the 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 the State or in a jurisdiction in which a corresponding law is in force, 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 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 operator under section 43, or > > > > > (d) in any other circumstances prescribed by the regulations. > > > (3) A refund amount that is payable under this section must be paid— > > > > > (a) in cash or in any other manner prescribed by or determined under the regulations, and > > > > > (b) at the time the collection point operator accepts delivery of the container, or at any later time in accordance with the regulations. > > > (4) Subsection (3)(a) does not prevent a collection point arrangement making further provision for limiting the manner in which a collection point operator may pay refund amounts. > > > (5) For the purposes of subsection (1), the collection point operator in relation to a reverse vending machine is taken not to accept the delivery of a container if the container is inserted into, and rejected by, the machine. > > > (6) For the purposes of subsection (3)(b), the collection point operator in relation to a reverse vending machine is taken not to have paid a refund amount at the time the operator accepts delivery of the container if— > > > > > (a) the container is inserted into, and not rejected by, the machine, and > > > > > (b) the machine fails to dispense payment of a refund amount for the container. > > **s 42:** Ins 2016 No 57, Sch 1 \[3\].