29Circumstances in which refund amounts not payable

#### 29 Circumstances in which refund amounts not payable 29 Circumstances in which refund amounts not payable > > (1) For the purposes of section 42(2)(d) of the Act, the circumstances in which a collection point operator is not required to accept delivery of a container or to pay to a person a refund amount for the container are set out in this clause. > > > (2) Condition of container A collection point operator is not required to accept delivery of a container or to pay to a person a refund amount for the container if— > > > > > (a) the container is contaminated with any substance such that, in the reasonable opinion of the collection point operator, the container— > > > > > > > (i) is unsuitable for reuse or recycling, or > > > > > > > (ii) poses a serious risk to health or safety or to the proper operation of the collection point, or > > > > > (b) the container (including any labelling) is so damaged, or is in such a condition, that— > > > > > > > (i) the refund marking cannot be read or the barcode cannot be scanned, or > > > > > > > (ii) the collection point operator (or, if the container is collected by means of a reverse vending machine—the reverse vending machine) is not reasonably able to confirm that it is a container. > > > (3) Container material A collection point operator for a collection point located on land in a designated area is not required to accept delivery of a container or to pay to a person a refund amount for the container if— > > > > > (a) in the case of a collection point on land in a designated area (other than Taronga Zoo)—the container is primarily made of any material other than polyethylene terephthalate (PET), high-density polyethylene (HDPE), steel or aluminium, or > > > > > (b) in the case of a collection point in Taronga Zoo—the container is primarily made of glass. > > > (4) Donations to charitable or community organisations A collection point operator who accepts delivery of a container is not required to pay a refund amount to the person who presented the container if the collection point operator pays the refund amount instead, by way of a donation, to a charitable or community organisation nominated by the operator. > > > (5) A refund amount may only be paid to a charitable or community organisation as provided by subclause (4) if— > > > > > (a) the person who has presented the container has elected to have the refund amount paid to the organisation instead of to the person, or > > > > > (b) the collection point is a reverse vending machine and is located in a designated area. > > > (6) In this clause— > > > > charitable or community organisation means a body established solely for charitable, community or educational purposes and not for pecuniary profit (including, without limitation, a government school or non-government school within the meaning of the [Education Act 1990](/view/html/inforce/current/act-1990-008)). > > > > designated area means— > > > > > (a) the area known as Central Railway Station, or > > > > > (b) the area known as Martin Place Railway station, or > > > > > (c) the area known as Sydney (Kingsford Smith) Airport, or > > > > > (d) Taronga Zoo. > > > > Taronga Zoo means the Park lands within the meaning of the [Zoological Parks Board Act 1973](/view/html/inforce/current/act-1973-034). > > **cl 29:** Ins 2017 (650), Sch 1 \[10\].