Disposal of accepted container
20A Disposal of accepted container
A person commits an offence if:
(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.
Strict liability applies to subsection (1)(a).
(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.
For subsections (1) and (3):
(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.
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