Page:Resource Sustainability Act 2019.pdf/17

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18
NO. 29 OF 2019


(2) The Agency may impose conditions (including conditions subsequent) in its written approval mentioned in subsection (1)(b).

(3) Subsection (1) does not apply in relation to—

(a) the placement by a person of a receptacle in a public place for the collection of any regulated product for disposal where the person does so for or on behalf of a person referred to in subsection (1)(a) or (b); or
(b) the collection of any regulated product for disposal as waste by a licensed waste collector where the collection of the regulated product is—
(i) incidental to the licensed waste collector’s collection of general waste; or
(ii) carried out for or on behalf of a person mentioned in subsection (1)(a) or (b).

(4) A person who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Proper disposal of regulated products

17.—(1) Except where section 13, 14 or 15 applies, a person, other than an individual, commits an offence if the person disposes of a regulated product other than by presenting it to, or by depositing it at a place directed or designated by, an approved person.

(2) In a prosecution for an offence under subsection (1), it is not necessary for the prosecution to prove that the accused knew that—

(a) the thing disposed of is a regulated product;
(b) the person to whom the thing was presented is not an approved person; or
(c) the place at which the thing was deposited was not directed or designated by an approved person.

(3) A person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $10,000.