Northern Territory Consolidated Acts

ENVIRONMENT PROTECTION (BEVERAGE CONTAINERS AND PLASTIC BAGS) ACT 2011 - SECT 17

    (1)     A person commits an offence if:

        (a)     the person delivers a permitted container to an approved collection depot for claiming the refund amount for the container; and

        (b)     the container:

            (i)     was not purchased in the Territory or a corresponding jurisdiction; or

            (ii)     was purchased before the start of the CDS.

Fault elements:

The person:

        (a)     intentionally delivers the container for claiming the refund amount; and

        (b)     is reckless as to whether the container was purchased:

            (i)     in the Territory or a corresponding jurisdiction; or

            (ii)     before the start of the CDS.

Maximum penalty:     200 penalty units.

    (2)     In a proceeding for an offence against subsection (1), the court must presume, in the absence of evidence to the contrary, the container:

        (a)     was not purchased in the Territory or a corresponding jurisdiction; or

        (b)     was purchased before the start of the CDS.

    (3)     The operator of an approved collection depot may ask a person delivering containers for claiming refund amounts to complete a declaration in the approved form stating the person has no reason to believe the containers:

        (a)     were not purchased in the Territory or a corresponding jurisdiction; and

        (b)     were purchased before the start of the CDS.

    (4)     The operator of an approved collection depot commits an offence if:

        (a)     within any 48 hour period, a person delivers to the depot more than the bulk quantity of containers for claiming refund amounts; and

        (b)     the operator does not ask the person to complete a declaration of a kind mentioned in subsection (3).

Maximum penalty:     20 penalty units.

    (5)     An offence against subsection (4) is an offence of strict liability.

    (6)     The operator of an approved collection depot commits an offence if the operator does not:

        (a)     keep each declaration made under this section (or a copy of the declaration) at the operator's place of business in the Territory for 3 years after the date of the declaration; or

        (b)     have the document mentioned in paragraph (a) available for inspection at all reasonable times by an authorised officer.

Maximum penalty:     20 penalty units.

    (7)     An offence against subsection (6) is an offence of strict liability.

    (8)     In this section:

"bulk quantity", of containers, means:

        (a)     1 500 containers; or

        (b)     if another quantity is prescribed by regulation – the other quantity.