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ENVIRONMENT PROTECTION ACT 1993 - SECT 70

ENVIRONMENT PROTECTION ACT 1993 - SECT 70

70—Retailers to pay refund amounts for certain empty category A containers

        (1)         Subject to subsection (2), a retailer who sells a beverage in category A containers of a particular class must not refuse or fail, or permit a person acting on the retailer's behalf to refuse or fail—

            (a)         to accept delivery of empty containers of that class that bear the approved refund marking, or a former approved refund marking, for containers of that class; or

            (b)         in respect of each such container, to pay to the person delivering that container the refund amount for that container.

Maximum penalty: $4 000.

Expiation fee: $300.

        (2)         A retailer or a person acting on the retailer's behalf may refuse or fail to accept delivery of a container if—

            (a)         the container is in an unclean condition; or

            (b)         he or she reasonably believes the container was not purchased in this State or in a jurisdiction in which a corresponding law is in force; or

            (c)         the retailer or person acting on the retailer's behalf has made a request for a declaration under section 69C(2) or (3) in respect of the container and the request has been refused.

        (3)         In proceedings for an offence against subsection (1), an allegation in the complaint that the retailer sells beverages in containers of a particular class is, in the absence of proof to the contrary, proof of the matter so alleged.