Page:Resource Sustainability Act 2019.pdf/33

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34
NO. 29 OF 2019


records mentioned in that subsection when so requested by

any authorised officer; and

(c) submit to the Agency the records mentioned in subsection (1), and such other record, document or information relevant to monitoring or evaluating compliance with this Act as the Agency may require, in the time or at such frequency, specified by the Agency.

(3) A licensee who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction—

(a) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both; and
(b) in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.

(4) In a prosecution for an offence under subsection (3), it is not necessary for the prosecution to prove that the defendant intended to commit the offence.

(5) The offence under subsection (3) is a strict liability offence.

Submission of annual report

35. A licensee must submit an audited annual report on such matters as may be prescribed relating to the operation of the producer responsibility scheme in respect of which the licensee is licensed.

Disclosure of information

36.—(1) A licensee or former licensee —

(a) must not disclose any information received from the Agency under section 43(4)(c); and
(b) must make reasonable security arrangements to prevent unauthorised access, collection, use, disclosure, copying, modification or disposal, of any information received from the Agency under section 43(4)(c).

(2) A person who contravenes subsection (1)(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding