10Offence—failure to comply with product stewardship requirement or target

10 Offence—failure to comply with product stewardship requirement or target

10 Offence—failure to comply with product stewardship requirement or target

(1) The brand owner of a regulated product must comply with a product stewardship requirement for the regulated product.

Maximum penalty—

(a) for a failure to comply with a safety requirement—

(i) for an individual—2,000 penalty units and, for a continuing offence, a further 200 penalty units for each day the offence continues, or

(ii) otherwise—8,000 penalty units and, for a continuing offence, a further 800 penalty units for each day the offence continues, or

(b) otherwise—

(i) for an individual—1,000 penalty units and, for a continuing offence, a further 100 penalty units for each day the offence continues, or

(ii) otherwise—4,000 penalty units and, for a continuing offence, a further 400 penalty units for each day the offence continues.

(2) It is a defence in proceedings for an offence against this section if the defendant establishes that, at the time of the failure to comply—

(a) an approved action plan for the product stewardship requirement applied in relation to the defendant, and

(b) the defendant complied with the approved action plan and the conditions, if any, imposed by the regulator on the approved action plan.

(3) To the extent that an approved action plan relates to a brand owner’s compliance with a product stewardship requirement, a failure to comply with the plan is evidence of a failure to comply with this section.

(4) In this section—

product stewardship requirement includes a product stewardship target.