Page:Resource Sustainability Act 2019.pdf/13

14 :(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—