- (b) the designated regulated consumer product is of the same class or type of consumer product as that supplied at those premises according to the classification in section 12(2)(a),
the retailer must accept the designated regulated consumer product for disposal.
(3) A retailer who, without reasonable excuse, contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
(4) A retailer commits an offence if the retailer disposes of any designated regulated consumer product collected under this section other than by presenting it to, or by depositing it at a place directed or designated by, a person operating a licensed scheme.
(5) In a prosecution for an offence under subsection (4), it is not necessary for the prosecution to prove that the accused knew that—
- (a) the thing disposed of is a designated regulated consumer product collected under this section;
- (b) the person to whom the thing was presented is not a person operating a licensed scheme; or
- (c) the place at which the thing was deposited was not directed or designated by a person operating a licensed scheme.
(6) A retailer who is guilty of an offence under subsection (4) shall be liable on conviction to a fine not exceeding $10,000.
Division 5—Miscellaneous
Restriction of public collection of e-waste
16.—(1) Except where otherwise authorised by this Act and despite section 31 of the Environmental Public Health Act, a person, other than an individual, must not, whether or not for reward, provide a receptacle in a public place, or a service to the public, for the collection of any regulated product for disposal unless the person is doing so—
- (a) in the course of operating a licensed scheme; or
- (b) in accordance with the written approval of the Agency.
