§ 20 — Reporting of specified packaging imported or used

20.—(1) A producer of any specified packaging who fulfils the prescribed threshold criteria in any year (T) must, in year T + 2, submit to the Agency a report relating to the specified packaging that is imported or used in year T + 1.(2) Where a producer is the franchisor of a franchise —(a)

the annual turnover of, or the quantity of specified packaging imported or used by, all franchisees of the franchise is to be included for the purposes of determining whether the franchisor fulfils the prescribed threshold criteria; and

(b)

any reference in this Part to specified packaging imported or used by the franchisor includes a reference to specified packaging imported or used by all the franchisees of the franchise.

(3) Where (but for this subsection) a producer is required to submit a report under subsection (1), and —(a)

the producer is a franchisee of a franchise; and

(b)

the franchisor of the franchise is a Singapore‑connected person,

then subsection (1) does not apply to the franchisee.

(4) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable —(a)

on the first conviction to a fine not exceeding $5,000; and

(b)

on a second or subsequent conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both and, 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 that second or subsequent conviction.

(5) In a prosecution for an offence under subsection (4), it is not necessary for the prosecution to prove that the defendant intended to commit the offence.

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

—(1) A producer of any specified packaging who fulfils the prescribed threshold criteria in any year (T) must, in year T + 2, submit to the Agency a report relating to the specified packaging that is imported or used in year T + 1.

(2) Where a producer is the franchisor of a franchise —(a)

the annual turnover of, or the quantity of specified packaging imported or used by, all franchisees of the franchise is to be included for the purposes of determining whether the franchisor fulfils the prescribed threshold criteria; and

(b)

any reference in this Part to specified packaging imported or used by the franchisor includes a reference to specified packaging imported or used by all the franchisees of the franchise.

(3) Where (but for this subsection) a producer is required to submit a report under subsection (1), and —(a)

the producer is a franchisee of a franchise; and

(b)

the franchisor of the franchise is a Singapore‑connected person,

then subsection (1) does not apply to the franchisee.

(4) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable —(a)

on the first conviction to a fine not exceeding $5,000; and

(b)

on a second or subsequent conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both and, 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 that second or subsequent conviction.

(5) In a prosecution for an offence under subsection (4), it is not necessary for the prosecution to prove that the defendant intended to commit the offence.

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