§ 32 — Financial penalty

32.—(1) This section applies where a licensee —(a)

contravenes a provision of this Part, which contravention is not an offence under this Act; or

(b)

fails to comply with any condition imposed by the Agency on the licence.

(2) On the occurrence of a contravention or failure to comply mentioned in subsection (1) (except one mentioned in subsection (2A)), the Agency may, in addition to or instead of taking any action under section 31(1), order the licensee to pay a financial penalty of an amount not exceeding $10,000 for each contravention or failure to comply, but not exceeding in the aggregate $50,000, by the date specified in the order.[Act 14 of 2023 wef 12/07/2024]

(2A) Where a licensee of a licensed scheme for beverage containers mentioned in section 23O fails to comply with a licence condition relating to minimum specified waste collection amounts, the Agency may, in addition to or instead of taking any action under section 31(1), order the licensee to pay a financial penalty of an amount not exceeding $500,000, by the date specified in the order.[Act 14 of 2023 wef 12/07/2024]

(3) The Agency must, before making an order under subsection (2) or (2A), give the licensee a written notice of its intention to do so and an opportunity to submit reasons, within such period as the Agency may specify in that notice, as to why the order should not be made.[Act 14 of 2023 wef 12/07/2024]

(4) A licensee who is aggrieved by the Agency’s decision to make an order under subsection (2) or (2A) may, within 14 days after receiving notice of the Agency’s decision, appeal to the Minister.[Act 14 of 2023 wef 12/07/2024]

(5) Where an appeal is made to the Minister within the period mentioned in subsection (4), the order mentioned in subsection (2) or (2A) does not take effect unless —(a)

the appeal is for any reason dismissed by the Minister; or

(b)

the appellant withdraws the appeal.[Act 14 of 2023 wef 12/07/2024]

(6) The Agency must, in determining the amount of a financial penalty imposed under subsection (2) or (2A), have regard, and give such weight as the Agency considers appropriate, to all of the following matters:(a)

the nature, gravity and duration of the non-compliance by the licensee;

(b)

whether the licensee, as a result of the non-compliance, gained any financial benefit or avoided any financial loss;

(c)

whether the licensee took any action to mitigate the effects and consequences of the non-compliance, and the timeliness and effectiveness of that action;

(d)

whether the licensee had, despite the non-compliance, implemented adequate and appropriate measures for compliance with the requirements under this Part;

(e)

whether the licensee had previously failed to comply with the provisions of this Part or any condition of the licence;

(f)

whether the financial penalty to be imposed is proportionate and effective, having regard to achieving compliance and deterring non-compliance with the provisions of this Part or any condition of the licence;

(g)

the likely impact of the imposition of the financial penalty on the licensee, including the ability of the licensee to continue with its usual activities;

(h)

any other matter that may be relevant.[Act 14 of 2023 wef 12/07/2024]

(7) In this section, a reference to “this Part” includes a reference to any regulations made under section 52 that apply to a person issued a licence to operate a producer responsibility scheme granted under section 29(2).[Act 14 of 2023 wef 12/07/2024]

—(1) This section applies where a licensee —(a)

contravenes a provision of this Part, which contravention is not an offence under this Act; or

(b)

fails to comply with any condition imposed by the Agency on the licence.

(2) On the occurrence of a contravention or failure to comply mentioned in subsection (1) (except one mentioned in subsection (2A)), the Agency may, in addition to or instead of taking any action under section 31(1), order the licensee to pay a financial penalty of an amount not exceeding $10,000 for each contravention or failure to comply, but not exceeding in the aggregate $50,000, by the date specified in the order.[Act 14 of 2023 wef 12/07/2024]

(2A) Where a licensee of a licensed scheme for beverage containers mentioned in section 23O fails to comply with a licence condition relating to minimum specified waste collection amounts, the Agency may, in addition to or instead of taking any action under section 31(1), order the licensee to pay a financial penalty of an amount not exceeding $500,000, by the date specified in the order.[Act 14 of 2023 wef 12/07/2024]

(3) The Agency must, before making an order under subsection (2) or (2A), give the licensee a written notice of its intention to do so and an opportunity to submit reasons, within such period as the Agency may specify in that notice, as to why the order should not be made.[Act 14 of 2023 wef 12/07/2024]

(4) A licensee who is aggrieved by the Agency’s decision to make an order under subsection (2) or (2A) may, within 14 days after receiving notice of the Agency’s decision, appeal to the Minister.[Act 14 of 2023 wef 12/07/2024]

(5) Where an appeal is made to the Minister within the period mentioned in subsection (4), the order mentioned in subsection (2) or (2A) does not take effect unless —(a)

the appeal is for any reason dismissed by the Minister; or

(b)

the appellant withdraws the appeal.[Act 14 of 2023 wef 12/07/2024]

(6) The Agency must, in determining the amount of a financial penalty imposed under subsection (2) or (2A), have regard, and give such weight as the Agency considers appropriate, to all of the following matters:(a)

the nature, gravity and duration of the non-compliance by the licensee;

(b)

whether the licensee, as a result of the non-compliance, gained any financial benefit or avoided any financial loss;

(c)

whether the licensee took any action to mitigate the effects and consequences of the non-compliance, and the timeliness and effectiveness of that action;

(d)

whether the licensee had, despite the non-compliance, implemented adequate and appropriate measures for compliance with the requirements under this Part;

(e)

whether the licensee had previously failed to comply with the provisions of this Part or any condition of the licence;

(f)

whether the financial penalty to be imposed is proportionate and effective, having regard to achieving compliance and deterring non-compliance with the provisions of this Part or any condition of the licence;

(g)

the likely impact of the imposition of the financial penalty on the licensee, including the ability of the licensee to continue with its usual activities;

(h)

any other matter that may be relevant.[Act 14 of 2023 wef 12/07/2024]

(7) In this section, a reference to “this Part” includes a reference to any regulations made under section 52 that apply to a person issued a licence to operate a producer responsibility scheme granted under section 29(2).[Act 14 of 2023 wef 12/07/2024]