No refund for container purchased outside Territory or corresponding jurisdiction
17 No refund for container purchased outside Territory or corresponding jurisdiction
A person commits an offence if:
(a) the person delivers a permitted container to an approved collection depot for claiming the refund amount for the container; and
the container:
(i) was not purchased in the Territory or a corresponding jurisdiction; or
was purchased before the start of the CDS.
Fault elements:
The person:
(a) intentionally delivers the container for claiming the refund amount; and
is reckless as to whether the container was purchased:
in the Territory or a corresponding jurisdiction; or
before the start of the CDS.
Maximum penalty: 200 penalty units.
(2) In a proceeding for an offence against subsection (1), the court must presume, in the absence of evidence to the contrary, the container:
(a) was not purchased in the Territory or a corresponding jurisdiction; or
was purchased before the start of the CDS.
(3) The operator of an approved collection depot may ask a person delivering containers for claiming refund amounts to complete a declaration in the approved form stating the person has no reason to believe the containers:
(a) were not purchased in the Territory or a corresponding jurisdiction; and
were purchased before the start of the CDS.
(4) The operator of an approved collection depot commits an offence if:
(a) within any 48 hour period, a person delivers to the depot more than the bulk quantity of containers for claiming refund amounts; and
(b) the operator does not ask the person to complete a declaration of a kind mentioned in subsection (3).
Maximum penalty: 20 penalty units.
(5) An offence against subsection (4) is an offence of strict liability.
(6) The operator of an approved collection depot commits an offence if the operator does not:
(a) keep each declaration made under this section (or a copy of the declaration) at the operator's place of business in the Territory for 3 years after the date of the declaration; or
(b) have the document mentioned in paragraph (a) available for inspection at all reasonable times by an authorised officer.
Maximum penalty: 20 penalty units.
(7) An offence against subsection (6) is an offence of strict liability.
In this section:
bulk quantity, of containers, means:
1 500 containers; or
(b) if another quantity is prescribed by regulation – the other quantity.
This provision refers to the regulations (prescribed by regulation
). Made under this Act:
This Act’s bill:Explanatory statementSecond reading speech
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