29Circumstances in which refund amounts not
payable
(1)
For the purposes of section 42(2)(d) of the Act,
the circumstances in which a collection point operator is not required to
accept delivery of a container or to pay to a person a refund amount for the
container are set out in this clause.
(2)Condition of container
A collection point operator is not required to
accept delivery of a container or to pay to a person a refund amount for the
container if—
(a)
the container is contaminated with any substance
such that, in the reasonable opinion of the collection point operator, the
container—
(i)
is unsuitable for reuse or recycling,
or
(ii)
poses a serious risk to health or safety or to
the proper operation of the collection point, or
(b)
the container (including any labelling) is so
damaged, or is in such a condition, that—
(i)
the refund marking cannot be read or the barcode
cannot be scanned, or
(ii)
the collection point operator (or, if the
container is collected by means of a reverse vending machine—the reverse
vending machine) is not reasonably able to confirm that it is a
container.
(3)Container material
A collection point operator for a collection
point located on land in a designated area is not required to accept delivery
of a container or to pay to a person a refund amount for the container
if—
(a)
in the case of a collection point on land in a
designated area (other than Taronga Zoo)—the container is primarily made
of any material other than polyethylene terephthalate (PET), high-density
polyethylene (HDPE), steel or aluminium, or
(b)
in the case of a collection point in Taronga
Zoo—the container is primarily made of glass.
(4)Donations to charitable or community
organisations
A collection point operator who accepts delivery
of a container is not required to pay a refund amount to the person who
presented the container if the collection point operator pays the refund
amount instead, by way of a donation, to a charitable or community
organisation nominated by the operator.
(5)
A refund amount may only be paid to a charitable
or community organisation as provided by subclause (4) if—
(a)
the person who has presented the container has
elected to have the refund amount paid to the organisation instead of to the
person, or
(b)
the collection point is a reverse vending machine
and is located in a designated area.
(6)
In this clause—
means a body established solely for
charitable, community or educational purposes and not for pecuniary profit
(including, without limitation, a government school or non-government school
within the meaning of the Education Act
1990).
designated area
means—
(a)
the area known as Central Railway Station,
or
(b)
the area known as Martin Place Railway station,
or
(c)
the area known as Sydney (Kingsford Smith)
Airport, or
(d)
Taronga Zoo.
Taronga Zoo means the Park
lands within the meaning of the Zoological Parks Board
Act 1973.
pt 3, div 2 (cll
28–32): Ins 2017 (650), Sch 1 [10].