38Requirement for supply arrangement with Scheme Coordinator and container approval

#### 38 Requirement for supply arrangement with Scheme Coordinator and container approval 38 Requirement for supply arrangement with Scheme Coordinator and container approval > > (1) A supplier must not supply or offer to supply a beverage in a container to any person unless— > > > > > (a) a supply arrangement is in force between the supplier and a Scheme Coordinator in respect of a class of containers to which the container belongs, and > > > > > (b) a container approval is in force in respect of that class of containers. > > > > Maximum penalty— > > > > > (a) in the case of a corporation—4,000 penalty units, or > > > > > (b) in the case of an individual—1,000 penalty units. > > > (2) This section applies only to the first supply in the State of the beverage in the container. > > > (3) In proceedings for an offence against this section, if it is established that the beverage in the container has been supplied in the State, the onus of establishing that the supply is not a first supply in the State lies on the defendant. > > **ss 37–40:** Ins 2016 No 57, Sch 1\[3\].