Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) A person commits an offence if:
(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 NT EPA and the person is reckless in relation to that result.
Maximum penalty: 200 penalty units.
(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.
Maximum penalty: 200 penalty units.
(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 NT EPA.
Maximum penalty: 50 penalty units.
(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.
Maximum penalty: 50 penalty units.
(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.