127Waste information gathering notice

127 Waste information gathering notice (1) This section applies to a person that a litter enforcement officer reasonably believes— (a) previously had possession of waste; or (b) was responsible for commissioning the production or distribution of, material that became waste. (2) For the purposes of performing a function or duty or exercising a power under this Part, the litter enforcement officer may issue a waste information gathering notice on the person requiring the person to provide to the litter enforcement officer any relevant information or the class of information in relation to the waste specified in the notice. (3) A person must not, without reasonable excuse, refuse or fail to comply with a waste information gathering notice issued under subsection (2). Penalty: In the case of a natural person, 10 penalty units; In the case of a body corporate, 50 penalty units. (4) Subsection (3) does not apply if the information sought by a waste information gathering notice is not within the person's knowledge or in the person's possession. (5) If the information sought by a waste information gathering notice is not within the person's knowledge or in the person's possession, the person must advise the litter enforcement officer of this if requested to do so by the litter enforcement officer. (6) A person must provide the information sought by a waste information gathering notice in writing if requested to do so by the litter enforcement officer. (7) A person who fails to comply with a request of the litter enforcement officer under subsection (5) or (6) is taken to have committed an offence against subsection (3). (8) A reference to waste in this section and section 128 includes a reference to any substance that constitutes waste, regardless of whether that substance was waste at the time it was in the person's possession. S. 128 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).