§ 34 — Keeping of records

34.—(1) A licensee must keep and maintain complete and accurate records of the following, in accordance with such requirements as may be prescribed under section 52:(a)

details of the licensee’s collection activities;

(b)

the quantity of specified waste the licensee has sent for treatment or recycling;

(c)

the fees charged to members of the producer responsibility scheme that the licensee operates.

(2) A licensee must —(a)

retain the records mentioned in subsection (1) for the prescribed period or longer;

(b)

during the prescribed period mentioned in paragraph (a), make available for inspection by any authorised officer, the records mentioned in that subsection when so requested by any authorised officer; and

(c)

submit to the Agency the records mentioned in subsection (1), and such other record, document or information relevant to monitoring or evaluating compliance with this Act as the Agency may require, in the time or at such frequency, specified by the Agency.

(3) A licensee who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction —(a)

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both; and

(b)

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 conviction.

(4) In a prosecution for an offence under subsection (3), it is not necessary for the prosecution to prove that the defendant intended to commit the offence.

(5) The offence under subsection (3) is a strict liability offence.

—(1) A licensee must keep and maintain complete and accurate records of the following, in accordance with such requirements as may be prescribed under section 52:(a)

details of the licensee’s collection activities;

(b)

the quantity of specified waste the licensee has sent for treatment or recycling;

(c)

the fees charged to members of the producer responsibility scheme that the licensee operates.

(2) A licensee must —(a)

retain the records mentioned in subsection (1) for the prescribed period or longer;

(b)

during the prescribed period mentioned in paragraph (a), make available for inspection by any authorised officer, the records mentioned in that subsection when so requested by any authorised officer; and

(c)

submit to the Agency the records mentioned in subsection (1), and such other record, document or information relevant to monitoring or evaluating compliance with this Act as the Agency may require, in the time or at such frequency, specified by the Agency.

(3) A licensee who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction —(a)

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both; and

(b)

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 conviction.

(4) In a prosecution for an offence under subsection (3), it is not necessary for the prosecution to prove that the defendant intended to commit the offence.

(5) The offence under subsection (3) is a strict liability offence.