§ 12 — Certain registered producers must join licensed scheme

12.—(1) A registered producer of a regulated product must not supply any regulated consumer product in any compliance year if the registered producer —(a)

has, on average for each year in the relevant period immediately preceding the compliance year, supplied more than the threshold prescribed for that regulated consumer product; and

(b)

is not a member of a licensed scheme for the regulated consumer product.

(2) For the purposes of subsection (1), the Minister may prescribe —(a)

any regulated product as a regulated consumer product; and

(b)

a threshold that applies to —(i)

one class or type of regulated consumer product; or

(ii)

2 or more classes or types of regulated consumer products collectively.

(3) A registered producer of a regulated product who, without reasonable excuse, 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.

(4) In this section —“compliance year” means the period starting 1 July in any year and ending 30 June in the following year (both dates inclusive);

“relevant period” means —(a)

in relation to the compliance year from 1 July 2021 to 30 June 2022 (both dates inclusive) — the year 2020;

(b)

in relation to the compliance year from 1 July 2022 to 30 June 2023 (both dates inclusive) — the years 2020 and 2021; and

(c)

in relation to any compliance year after 30 June 2023 — 3 calendar years.

—(1) A registered producer of a regulated product must not supply any regulated consumer product in any compliance year if the registered producer —(a)

has, on average for each year in the relevant period immediately preceding the compliance year, supplied more than the threshold prescribed for that regulated consumer product; and

(b)

is not a member of a licensed scheme for the regulated consumer product.

(2) For the purposes of subsection (1), the Minister may prescribe —(a)

any regulated product as a regulated consumer product; and

(b)

a threshold that applies to —(i)

one class or type of regulated consumer product; or

(ii)

2 or more classes or types of regulated consumer products collectively.

(3) A registered producer of a regulated product who, without reasonable excuse, 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.

(4) In this section —“compliance year” means the period starting 1 July in any year and ending 30 June in the following year (both dates inclusive);

“relevant period” means —(a)

in relation to the compliance year from 1 July 2021 to 30 June 2022 (both dates inclusive) — the year 2020;

(b)

in relation to the compliance year from 1 July 2022 to 30 June 2023 (both dates inclusive) — the years 2020 and 2021; and

(c)

in relation to any compliance year after 30 June 2023 — 3 calendar years.