12Reporting requirements—notification of first supply and annual reports by brand owners

12 Reporting requirements—notification of first supply and annual reports by brand owners

12 Reporting requirements—notification of first supply and annual reports by brand owners

(1) A brand owner must, before first supplying a regulated product, give notice of the proposed supply to the following—

(a) the regulator,

(b) if there is a product stewardship scheme for the regulated product—the product stewardship organisation.

Maximum penalty—

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

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

(2) A brand owner must give an annual report to the following within 3 months of the end of the financial year—

(a) the regulator,

(b) if there is a product stewardship scheme for the regulated product—the product stewardship organisation.

Maximum penalty—

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

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

(3) The notice and annual report must—

(a) be given in the form and way approved by the regulator or product stewardship organisation, and

(b) include the information prescribed by the regulations.

(4) Information given to the regulator under this section may be taken into consideration by the regulator and used for this Act.

(5) Without limiting subsection (4), the information is admissible in evidence in a prosecution of the brand owner for an offence against this Act or the regulations, whether or not the information may incriminate the brand owner.

(6) The regulations may prescribe information to be included in an annual report by reference to the following—