Container Refund Scheme Act 2022

A person may claim a refund amount under the scheme by depositing an approved container at a container refund point.

Subject to subsection (3) and this Act, a refund point operator must ensure that a refund amount is paid, for each approved container deposited at the container refund point operated by the operator, to the person who deposited the container. In the case of – a body corporate, a fine not exceeding 120 penalty units; or an individual, a fine not exceeding 60 penalty units.

A refund point operator may refuse to pay a refund amount, for a container deposited at a container refund point operated by the operator, if – the container is not an approved container; or section 30(3) applies in respect of the person who deposited the container at the container refund point; or section 31 applies in respect of the container.

Subsection (2) does not apply to a refund point operator in respect of an approved container deposited at a container refund point if – the operator has an agreement with the person depositing the container for the refund amount to be paid at a later time; or the prescribed circumstances exist in respect of the container, the refund point operator or the container refund point.

A refund point operator is not guilty of an offence under subsection (2) in respect of a container refund machine if – the machine accepts an approved container but does not pay a refund amount in respect of the container at the time of the acceptance of the container; and the refund point operator pays the refund amount owing in respect of the container as soon as practicable after the refund point operator becomes aware of the non-payment of the refund amount by the machine.

A person must not claim a refund amount for an approved container if the person knows, or reasonably ought to know, that – a refund has been paid in respect of the container under this Act or under an equivalent Act; or a refund is not payable in respect of the container under this Act. In the case of – a body corporate, a fine not exceeding 300 penalty units; or an individual, a fine not exceeding 150 penalty units.