Environment Protection (Beverage Containers and Plastic Bags) Act 2011

(a) the person is a CDS coordinator or the operator of an approved collection depot; and

(b) the person intentionally disposes of, or arranges the disposal of, a container; and

(c) the container is an accepted container and the person is reckless in relation to that circumstance.

Maximum penalty: 400 penalty units.

Examples for subsection (1)(b)

The person takes the container to a rubbish disposal or landfill site or buries or burns it.

(3) A CDS coordinator or the operator of an approved collection depot commits an offence if the coordinator or operator disposes of, or arranges the disposal of, an accepted container.

Maximum penalty: 100 penalty units.

Examples for subsection (3)

The person takes the accepted container to a rubbish disposal or landfill site or buries or burns it.

(4) An offence against subsection (3) is an offence of strict liability.

(5) It is a defence to a prosecution for an offence against subsection (1) or (3) if the defendant has a reasonable excuse.

(a) a container is taken not to be disposed of if the container is recycled, reused or otherwise disposed of in a way authorised by the Minister; and

(b) a container is not taken to be disposed of by the operator of an approved collection depot if it is delivered by the operator to a CDS coordinator and accepted by the coordinator.

Note for subsection (6)(a)

Under section 49A, the Minister may issue guidelines authorising other methods of disposal.