South Australian Current Acts South Australian Current Acts10—Person must not sell, supply or distribute oxo-degradable plastic
products in course of carrying on a business
(1) A person who, in
the course of carrying on a business, sells, supplies or distributes a product
comprised, in whole or in part, of oxo-degradable plastic to another person is
guilty of an offence.
Maximum penalty:
(a) in
the case of a prescribed person—$20 000;
(b) in
any other case—$5 000.
Expiation fee:
(a) in
the case of a prescribed person—$1 000;
(b) in
any other case—$315.
(2) It is a defence to
a charge of an offence under subsection (1) if the person is not a
prescribed person and proves that they believed on reasonable grounds that the
product was not comprised, in whole or in part, of oxo-degradable plastic.
(3) This section
applies whether or not a fee is charged for the supply or distribution of the
product, or the sale, supply or distribution of the product is incidental to,
or forms part of, the sale, supply or distribution of other products.
(4) For the
purposes of this section, "business" includes an enterprise, association,
organisation or other body regardless of whether the activities it carries on
are of a commercial, charitable, sporting, educational or community nature.
(5) The regulations
may specify the following:
(a) that
a business, or business of a class, may be taken to be, or not to be, a
business for the purposes of this section;
(b) the
circumstances in which a business, or business of a class, may be taken to be,
or not to be, a business for the purposes of this section.
(6) In this
section—
"prescribed person", in relation to a product comprised, in whole or in part,
of oxo-degradable plastic, means a person who is a manufacturer or producer of
the product, or who sells, supplies or distributes the product in the course
of carrying on a business as a wholesaler or distributor.