Waste Avoidance and Resource Recovery (Container Deposit Scheme) Regulations 2019

In this regulation —

under which the refund point operator agrees to accept claims for refund amounts for bulk quantities of empty containers that are not in bales from the person; and

that states the person’s obligations under the arrangement in relation to claiming the refund amounts and delivering empty containers to the refund point; and

under which the person warrants the matters in subregulation (3)(a) and (b) in relation to the containers delivered under the arrangement.

A person who claims or attempts to claim a refund amount at a refund point under regulation 4B must give the refund point operator of the refund point a refund declaration if —

the claim is for a bulk quantity of empty containers and is not covered by a bulk claim arrangement or bulk claim arrangement (bale) between the person and the refund point operator; or

the claim is not for a bulk quantity of empty containers and the refund point operator asks the person for a refund declaration.

A refund declaration is a notice in which a person declares, for the containers for which the person is claiming or attempting to claim a refund amount —

that the containers were collected in the State for the purpose of claiming the refund amount under the scheme; and

that the person reasonably believes that —

in the case of transitioned containers (as defined in regulation 42(1)) — all of the containers were first supplied in the State on or after 1 July 2026; and

in the case of containers other than transitioned containers — all of the containers were first supplied in the State on or after 1 October 2020; and

the relevant beverage product in relation to each container is an approved beverage product; and

a refund amount has not previously been paid for any container; and

in the case where there is no bulk claim arrangement (bale) between the person and the refund point operator — none of the containers are part of a bale; and

none of the containers were part of a bale.

A refund declaration must be —

in a form approved by the CEO; and

signed by the person making the declaration; and

witnessed by the refund point operator to whom the refund declaration is given or by an employee of that refund point operator.