Page:Resource Sustainability Act 2019.pdf/23

24 (2) Without affecting section 52, a plan to reduce, re-use or recycle packaging under subsection (1) must include information on the implementation of any part of the plan.

(3) A producer who contravenes subsection (1) shall be guilty of an offence and shall be liable—
 * (a) on the first conviction to a fine not exceeding $5,000; and
 * (b) on a second or subsequent conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both and, 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 that second or subsequent 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.

Requirements for reports and plans

22.—(1) A requirement to submit a report or a plan under this Part to the Agency is a requirement to do so in accordance with any requirements prescribed under section 52 for the report or plan, including its preparation and submission.

(2) The Agency may, in respect of any incomplete or inaccurate report or plan submitted by a person, in writing direct the person to do the following within the time period specified in the direction (or such longer time as the Agency may allow in any particular case):
 * (a) to rectify or re-compute any matter in the report or plan as the Agency may require;
 * (b) to resubmit the report or plan to the Agency,

and the person must comply with the direction.

(3) A person who fails to comply with a direction under subsection (2) shall be guilty of an offence and shall be liable—
 * (a) on the first conviction to a fine not exceeding $5,000; and