South Australian Current Acts South Australian Current Acts7—Person must not sell, supply or distribute prohibited 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
prohibited plastic product 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)
Subsection (1) does not apply to a person who sells, supplies or
distributes a prohibited plastic product if the person is the manufacturer,
producer or distributor of the product and the product is supplied or
distributed to a person outside this State.
(3) 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 a prohibited plastic product.
(4) This section
applies whether or not a fee is charged for the supply or distribution of the
prohibited plastic product, or the sale, supply or distribution of the
prohibited plastic product is incidental to, or forms part of, the sale,
supply or distribution of other products.
(5) 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.
(6) 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.
(7) In this
section—
"prescribed person", in relation to a prohibited plastic product, 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.