44Offence to claim refund for containers not subject to Scheme

44 Offence to claim refund for containers not subject to Scheme

44 Offence to claim refund for containers not subject to Scheme

(1) A person must not present a container to a collection point for the purpose of claiming a refund amount if the person knows, or ought reasonably to know—

(a) that the container was not acquired in the State or in a jurisdiction in which a corresponding law is in force, or

(b) that the container was acquired before 1 December 2017, or

(c) that a refund amount has previously been paid for the container at any collection point, or

(d) 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.

(2) A Scheme participant must not issue to a Scheme administrator an invoice or other statement claiming a refund amount payable to the Scheme participant by the Scheme administrator for a container under a Scheme arrangement if the Scheme participant knows, or ought reasonably to know—

(a) that the container was not acquired in the State or in a jurisdiction in which a corresponding law is in force, or

(b) that the container was acquired before 1 December 2017, or

(c) that a refund amount has been paid for the container on more than one occasion at any one or more collection points, or

(d) 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.

(3) In this section—

Scheme administrator means a network operator or Scheme Coordinator.

Scheme participant means a collection point operator or network operator.

Maximum penalty for subsections (1) and (2)—

(a) for a corporation—4,000 penalty units, or

(b) for an individual—1,000 penalty units.

s 44: Ins 2016 No 57, Sch 1 [3]. Am 2022 No 3, Sch 9[1]–[3].