64ZRefund declarations and proof of identity

64Z Refund declarations and proof of identity (1) A collection point operator may require a person who presents a container to a collection point to claim a refund amount to give the operator a refund declaration. (2) A collection point operator may refuse to pay a person a refund amount if the operator is not satisfied about the person’s identity. (3) A collection point operator must not pay a person a refund amount in either of the following circumstances unless the person has given 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 is more than the number prescribed by regulation; (b) if the operator knows, or believes on reasonable grounds, that the total number of containers presented to the collection point by the person, and anyone else acting on the person’s behalf, within the period prescribed by regulation for claiming a refund is more than the number prescribed by regulation. (4) A collection point operator must keep for at least 3 years any records prescribed by regulation in relation to— (a) refunds paid by the operator; and (b) proof of identity given to the operator.

(5) A collection point operator commits an offence if the collection point operator fails to comply with a requirement under subsection (4). Maximum penalty: 40 penalty units. (6) An offence against subsection (5) is a strict liability offence. refund declaration means a declaration containing the information prescribed by regulation. 64ZA Offence—claiming refund for containers not subject to scheme (a) the person presents a container to a collection point to claim a refund; and (b) the person knows, or ought reasonably to know that— (i) the container was not acquired in the Territory or in a State in which a corresponding law is in force; or (iii) a refund amount has previously been paid for the container at a collection point; or payment in relation to the container to the operator under the scheme coordinator agreement. Maximum penalty: 10 penalty units.

(2) A scheme participant commits an offence if— (a) the scheme participant gives an invoice or other statement to a scheme administrator; and (b) the invoice or other statement claims a refund amount payable by the scheme administrator to the scheme participant for a container under a scheme arrangement; and (c) the scheme participant knows, or ought reasonably to know that— (i) the container was not acquired in the ACT or in a State in which a corresponding law is in force; or (iii) a refund amount has been paid for the container more than once at any 1 or more collection points; or payment in relation to the container to the operator under the scheme coordinator agreement. scheme administrator means the scheme coordinator or a network operator. scheme participant means a network operator or collection point operator.