§ 13 — Collection and disposal of unwanted regulated non‑consumer products

13.—(1) Where a person, on or after 1 July 2021, presents a regulated non‑consumer product to the producer of the regulated non‑consumer product (whether or not registered) for the purposes of disposal, or requests that producer to dispose of the regulated non‑consumer product, the producer —(a)

must, within a reasonable time after being presented or receiving the request, collect the regulated non‑consumer product from any premises specified by the person; and

(b)

must not demand or require the person to pay any consideration for the collection and disposal of the regulated non‑consumer product (such as the cost of any labour or transport).

(2) Where the producer of a regulated non‑consumer product contravenes subsection (1)(a), the Agency may, by written notice served on the producer, direct the producer to collect the regulated non‑consumer product from any premises (whether or not specified by the person mentioned in subsection (1)) and within the time, specified in the written notice.

(3) A producer of a regulated non‑consumer product who is aggrieved by any direction of the Agency under subsection (2) may, within 14 days after being notified of the direction, appeal to the Minister.

(4) A producer of a regulated non‑consumer product who, without reasonable excuse —(a)

contravenes subsection (1)(b); or

(b)

refuses or fails to comply with the Agency’s direction under subsection (2),

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

(5) It is a defence to a prosecution for an offence under subsection (4)(a) or (b) if it is proved, on a balance of probabilities, that the accused reasonably believed that the accused is not the producer of the regulated non‑consumer product.

(6) A producer of a regulated non‑consumer product commits an offence if the producer disposes of any regulated non‑consumer product collected under this section other than by presenting it to, or by depositing it at a place directed or designated by, any of the following persons:(a)

a licensed waste collector;

(b)

a licensed e‑waste recycler.

(7) In a prosecution for an offence under subsection (6), it is not necessary for the prosecution to prove that the accused knew that —(a)

the thing disposed of is a regulated non‑consumer product collected under this section;

(b)

the person to whom the thing was presented is not a licensed waste collector or licensed e‑waste recycler; or

(c)

the place at which the thing was deposited was not directed or designated by a licensed waste collector or licensed e‑waste recycler.

(8) A producer of a regulated non‑consumer product who is guilty of an offence under subsection (6) shall be liable on conviction to a fine not exceeding $10,000.

—(1) Where a person, on or after 1 July 2021, presents a regulated non‑consumer product to the producer of the regulated non‑consumer product (whether or not registered) for the purposes of disposal, or requests that producer to dispose of the regulated non‑consumer product, the producer —(a)

must, within a reasonable time after being presented or receiving the request, collect the regulated non‑consumer product from any premises specified by the person; and

(b)

must not demand or require the person to pay any consideration for the collection and disposal of the regulated non‑consumer product (such as the cost of any labour or transport).

(2) Where the producer of a regulated non‑consumer product contravenes subsection (1)(a), the Agency may, by written notice served on the producer, direct the producer to collect the regulated non‑consumer product from any premises (whether or not specified by the person mentioned in subsection (1)) and within the time, specified in the written notice.

(3) A producer of a regulated non‑consumer product who is aggrieved by any direction of the Agency under subsection (2) may, within 14 days after being notified of the direction, appeal to the Minister.

(4) A producer of a regulated non‑consumer product who, without reasonable excuse —(a)

contravenes subsection (1)(b); or

(b)

refuses or fails to comply with the Agency’s direction under subsection (2),

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

(5) It is a defence to a prosecution for an offence under subsection (4)(a) or (b) if it is proved, on a balance of probabilities, that the accused reasonably believed that the accused is not the producer of the regulated non‑consumer product.

(6) A producer of a regulated non‑consumer product commits an offence if the producer disposes of any regulated non‑consumer product collected under this section other than by presenting it to, or by depositing it at a place directed or designated by, any of the following persons:(a)

a licensed waste collector;

(b)

a licensed e‑waste recycler.

(7) In a prosecution for an offence under subsection (6), it is not necessary for the prosecution to prove that the accused knew that —(a)

the thing disposed of is a regulated non‑consumer product collected under this section;

(b)

the person to whom the thing was presented is not a licensed waste collector or licensed e‑waste recycler; or

(c)

the place at which the thing was deposited was not directed or designated by a licensed waste collector or licensed e‑waste recycler.

(8) A producer of a regulated non‑consumer product who is guilty of an offence under subsection (6) shall be liable on conviction to a fine not exceeding $10,000.