- (b) must not demand or require the person to pay any consideration for the collection and disposal of the regulated non-consumer product (such as the cost of any labour or transport).
(2) Where the producer of a regulated non-consumer product contravenes subsection (1)(a), the Agency may, by written notice served on the producer, direct the producer to collect the regulated non-consumer product from any premises (whether or not specified by the person mentioned in subsection (1)) and within the time, specified in the written notice.
(3) A producer of a regulated non-consumer product who is aggrieved by any direction of the Agency under subsection (2) may, within 14 days after being notified of the direction, appeal to the Minister.
(4) A producer of a regulated non-consumer product who, without reasonable excuse—
- (a) contravenes subsection (1)(b); or
- (b) refuses or fails to comply with the Agency’s direction under subsection (2),
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
(5) It is a defence to a prosecution for an offence under subsection (4)(a) or (b) if it is proved, on a balance of probabilities, that the accused reasonably believed that the accused is not the producer of the regulated non-consumer product.
(6) A producer of a regulated non-consumer product commits an offence if the producer disposes of any regulated non-consumer product collected under this section other than by presenting it to, or by depositing it at a place directed or designated by, any of the following persons:
- (a) a licensed waste collector;
- (b) a licensed e-waste recycler.
(7) In a prosecution for an offence under subsection (6), it is not necessary for the prosecution to prove that the accused knew that—
