§ 15 — Large retailers must offer in-store collection of certain e-waste

15.—(1) This section applies only in relation to —(a)

regulated consumer products that are prescribed as designated regulated consumer products for the purposes of this section; and

(b)

a retailer who owns or occupies any premises with a floor area of or more than 300 sqm (or such other area prescribed in substitution), from which any designated regulated consumer product is supplied.

(2) Where —(a)

a designated regulated consumer product is brought to a retailer’s premises for disposal; and

(b)

the designated regulated consumer product is of the same class or type of consumer product as that supplied at those premises according to the classification in section 12(2)(a),

the retailer must accept the designated regulated consumer product for disposal.

(3) A retailer who, without reasonable excuse, contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

(4) A retailer commits an offence if the retailer disposes of any designated regulated consumer product collected under this section other than by presenting it to, or by depositing it at a place directed or designated by, a person operating a licensed scheme.

(5) In a prosecution for an offence under subsection (4), it is not necessary for the prosecution to prove that the accused knew that —(a)

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

(b)

the person to whom the thing was presented is not a person operating a licensed scheme; or

(c)

the place at which the thing was deposited was not directed or designated by a person operating a licensed scheme.

(6) A retailer who is guilty of an offence under subsection (4) shall be liable on conviction to a fine not exceeding $10,000.

—(1) This section applies only in relation to —(a)

regulated consumer products that are prescribed as designated regulated consumer products for the purposes of this section; and

(b)

a retailer who owns or occupies any premises with a floor area of or more than 300 sqm (or such other area prescribed in substitution), from which any designated regulated consumer product is supplied.

(2) Where —(a)

a designated regulated consumer product is brought to a retailer’s premises for disposal; and

(b)

the designated regulated consumer product is of the same class or type of consumer product as that supplied at those premises according to the classification in section 12(2)(a),

the retailer must accept the designated regulated consumer product for disposal.

(3) A retailer who, without reasonable excuse, contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

(4) A retailer commits an offence if the retailer disposes of any designated regulated consumer product collected under this section other than by presenting it to, or by depositing it at a place directed or designated by, a person operating a licensed scheme.

(5) In a prosecution for an offence under subsection (4), it is not necessary for the prosecution to prove that the accused knew that —(a)

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

(b)

the person to whom the thing was presented is not a person operating a licensed scheme; or

(c)

the place at which the thing was deposited was not directed or designated by a person operating a licensed scheme.

(6) A retailer who is guilty of an offence under subsection (4) shall be liable on conviction to a fine not exceeding $10,000.