When refund point operator not required to accept container and pay person refund amount
4C When refund point operator not required to accept container and pay person refund amount
In this regulation —
cellared beverage transitioned container has the meaning given in regulation 42(1);
contaminated container means a container (including any labelling) presented to a refund point that is contaminated with any substance such that, in the reasonable opinion of the refund point operator of the refund point (taking into account any guidelines prepared under regulation 4D), the container —
is unsuitable for re‑use or recycling; or
poses a serious risk to health or safety or to the proper operation of the refund point;
damaged container means a container (including any labelling) presented to a refund point that is so damaged, or in such a condition, that the barcode cannot be scanned or otherwise recognised;
transitioned container has the meaning given in regulation 42(1).
If a person presenting a container at a refund point requests the refund amount for the container be paid to another entity, the refund point operator of the refund point may pay the refund amount to that other entity.
Example for this subregulation:
A refund point operator may agree to pay the refund amount to a charity.
If a person donates a container to a refund point operator, the refund point operator is not required to pay the person a refund amount for the container.
A refund point operator may refuse to accept a container and to pay the refund amount for the container if —
the container is a damaged container; or
in the case of a container other than a transitioned container —
the refund mark is not displayed on the container or the container is in such a condition that the refund mark cannot be read; or
the refund point operator reasonably believes that the relevant beverage product was first supplied in the State before 1 October 2020;
or
[(c) deleted]
if a sign at the refund point operated by the refund point operator states that the refund point operator pays refund amounts in a way other than in cash — the person presenting the container refuses to accept the refund amount paid in the other way; or
the refund point operator suspects the container was part of a bale.
In addition to the grounds referred to in subregulation (4)(a), (d) and (e) —
on and after 1 July 2026, a refund point operator may refuse to accept a container that is a transitioned container and to pay the refund amount for the container if the refund point operator reasonably believes that the relevant beverage product was first supplied in the State before 1 July 2026; and
on and after 1 July 2029, a refund point operator may refuse to accept a container that is a transitioned container, other than a cellared beverage transitioned container, and to pay the refund amount for the container if —
a barcode that complies with the requirements prescribed for the purposes of section 47E(2)(c) of the Act is not displayed on the container; or
the refund mark is not displayed on the container or the container is in such a condition that the refund mark cannot be read.
In addition to the grounds referred to in subregulations (4)(a), (d) and (e) and (4A)(a), on and after 1 July 2039, a refund point operator may refuse to accept a container that is a cellared beverage transitioned container and to pay the refund amount for the container if —
a barcode that complies with the requirements prescribed for the purposes of section 47E(2)(c) of the Act is not displayed on the container; or
the refund mark is not displayed on the container or the container is in such a condition that the refund mark cannot be read.
A refund point operator must refuse to accept a container and to pay a person the refund amount for the container if —
the refund point operator knows, or ought reasonably to know, that —
a refund amount has already been paid for the container; or
the relevant beverage product is not an approved beverage product; or
the container was collected or received by an MRF operator in its capacity as an MRF operator; or
the container was collected pursuant to an agreement to collect the container and deliver it to an MRF operator; or
an amount has already been claimed (or attempted to be claimed) for the container under a refund point agreement or a material recovery agreement (whether the claim or attempted claim was by the refund point operator, or another person); or
the container was part of a bale; or
the relevant beverage product was not supplied in the State;
or
the container is part of a bale and a bulk claim arrangement (bale) is in place between the refund point operator and the person and —
the refund point operator reasonably believes that the container does not comply with 1 or more matters the person warranted in the arrangement; or
the refund point operator has received a notice from the Coordinator under regulation 4JB(2) that relates to the arrangement and the notice is still in effect;
or
the container is part of a bale and no bulk claim arrangement (bale) is in place between the refund point operator and the person; or
the container is not empty; or
the container is not a whole container; or
the container is a contaminated container; or
the refund point operator is not able to ascertain the relevant beverage product; or
the container is in such a condition that the refund point operator is not reasonably able to confirm that it is a container; or
the person is required to give the refund point operator a refund declaration under regulation 4E and does not comply with the requirement.
This regulation does not apply to a refund point that is a reverse vending machine.
[Regulation 4C inserted: Gazette 17 Dec 2019 p. 4309-11; amended: SL 2026/43 r. 21.]
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