4.1 The Parties acknowledge this agreement does not relieve the Operator or the Claimant from complying with their obligations under the Act, under any contract, or otherwise at law.
4.2 The Claimant acknowledges that:
(a) any Claim for a refund amount is subject to assessment and counting by the operator;
(b) the Operator may, at its discretion:
(i) Refuse to accept any Claim if the Operator believes that any obligation under clauses 3.1 to 3.3 of this agreement has not been compiled with;
(ii) refuse to accept any Claim it believes does not comply with any Requirement specified at clause 3.1(c) above, notwithstanding any reasonable belief held by the Claimant;
(iii) refuse to accept any Claim if the Operator believes the Claim is not free from any materials which are not empty ‘containers’ as prescribed by the Act;
(iv) refuse to accept any containers which are presented by the claimant in a form which does not allow the Operator to assess each individual container or where the Operator reasonably considered a container is ineligible for a refund amount (or both);
(v) ask the Claimant for a refund declaration accompanied by an official document containing the declarants photograph in respect of any claim; and
(vi) determine that it is unable to assess the containers at the time they are presented by the Claimant, and nominate an alternative time for the Claimant to present the containers for assessment; and
(c) it is an offence to claim a refund amount on a container that the claimant knows, or ought to reasonably know, a refund amount or recovery amount has already been paid and this may attract a maximum penalty of 100 penalty units.