Page:Resource Sustainability Act 2019.pdf/24

Rh :(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.

Keeping of records

23.—(1) A producer of specified packaging who is required under this Part to submit any report or plan to the Agency must keep and maintain complete and accurate records containing such information, and in accordance with such other requirements, as may be prescribed under section 52, relating to—
 * (a) those reports and plans, including the preparation and submission of the reports and plans; and
 * (b) monitoring and evaluation undertaken by the person to ensure compliance with this Act.

(2) The producer mentioned in subsection (1) must—
 * (a) retain the records mentioned in subsection (1) for the prescribed period or longer;
 * (b) during the prescribed period mentioned in paragraph (a), make available for inspection by any authorised officer, the records mentioned in subsection (1) when so requested by the authorised officer; and
 * (c) submit to the Agency the records mentioned in subsection (1) in the time specified by the Agency.

(3) A producer who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable—
 * (a) on the first conviction to a fine not exceeding $5,000; and