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—