Page:Resource Sustainability Act 2019.pdf/28

Rh (3) A building manager 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. PART 6 PRODUCER RESPONSIBILITY SCHEMES Licence required to operate producer responsibility scheme

28.—(1) A person must not operate, or advertise or otherwise hold out that the person is operating, a producer responsibility scheme unless the person is authorised to do so by a licence under this Part.

(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both.

(3) In a prosecution for an offence under subsection (2), it is not necessary for the prosecution to prove that the defendant intended to commit the offence.

(4) The offence under subsection (2) is a strict liability offence.

Producer responsibility scheme licence

29.—(1) An application for a licence to operate a producer responsibility scheme must be made to the Agency in the form and manner the Agency requires.

(2) After considering an application for the grant of a licence, the Agency may—