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\[1\]–\[3\].