43Refund declarations and proof of identity

#### 43 Refund declarations and proof of identity 43 Refund declarations and proof of identity > > (1) A collection point operator may require any person who presents a container to the collection point for the purpose of claiming a refund amount to provide to the operator a refund declaration. > > > (2) A collection point operator may refuse to pay to a person a refund amount if the operator is not satisfied as to the identity of the person. > > > (3) A collection point operator must not pay to a person a refund amount in either of the following circumstances unless the person has provided to the operator a refund declaration and proof of the person’s identity— > > > > > (a) if the number of containers for which the person is claiming a refund amount at the collection point exceeds the number prescribed by the regulations, > > > > > (b) if the operator knows, or ought reasonably to know, that the total number of containers presented to the collection point by the person, and all other persons acting on the person’s behalf, within the period prescribed by the regulations for the purpose of claiming a refund has exceeded the number prescribed by the regulations. > > > (4) This section does not apply in relation to containers collected, or refund amounts paid, by means of a reverse vending machine. > > > (5) A collection point operator must keep such records relating to refunds paid by, and proof of identity documentation provided to, the operator as are prescribed by the regulations and retain a copy of those records and the refund declaration for at least 3 years. > > Maximum penalty—40 penalty units. > > **s 43:** Ins 2016 No 57, Sch 1 \[3\].