Page:Resource Sustainability Act 2019.pdf/34

Rh $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. PART 7 ENFORCEMENT Entering non-residential premises, etc., to monitor compliance

37. For the purposes of administering or enforcing this Act or determining whether this Act has been complied with, an authorised officer may, upon declaring his or her office and producing to an occupier of any premises (other than any residential premises) such identification card as the Agency may direct to be carried by authorised officers, do all or any of the following:
 * (a) enter the premises—
 * (i) during normal business hours without notice; or
 * (ii) at any other time after giving not less than 6 hours’ previous notice to the occupier of the premises (unless the occupier has consented to a shorter period of notice);
 * (b) exercise any of the powers set out in sections 38, 39 and 40.

Powers of authorised officers in monitoring compliance

38.—(1) An authorised officer may exercise all or any of the following powers in relation to premises under section 37:
 * (a) search the premises for any thing that may relate to compliance with this Act;
 * (b) examine any activity conducted on the premises that may relate to information provided for the purposes of this Act;