20BAccepted container becoming unsuitable for recycling or

20B Accepted container becoming unsuitable for recycling or reuse (a) the person is a CDS coordinator; and (b) the person intentionally possesses a container; and (c) the container is an accepted container; and (d) the person intentionally engages in conduct; and (e) the conduct results in the container becoming unsuitable for recycling, reuse or other disposal authorised by the Minister and the person is reckless in relation to that result. (2) A person commits an offence if: (a) the person is the operator of an approved collection depot; and (b) the person intentionally possesses a container; and (c) the container is an accepted container; and (d) the person intentionally engages in conduct; and (e) the conduct results in the container becoming unsuitable for recycling or reuse and the person is reckless in relation to that result. (3) Strict liability applies to subsections (1)(a) and (c) and (2)(a) and (c). (4) A CDS coordinator commits an offence if an accepted container in the possession of the coordinator becomes unsuitable for recycling, reuse or other disposal authorised by the Minister. (5) The operator of an approved collection depot commits an offence if an accepted container in the possession of the operator becomes unsuitable for recycling or reuse.

Environment Protection (Beverage Containers and Plastic Bags) Act 2011 19 (6) An offence against subsection (4) or (5) is an offence of strict liability. (7) It is a defence to a prosecution for an offence against subsection (1), (2), (4) or (5) if the defendant has a reasonable excuse.