Western Australian Current Acts

WASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007 - SECT 47E

47E .         Requirement for supply agreement, container approval, refund mark and barcode

        (1)         Subsection (2) applies on and after the appointed day ³ for this section.

        (2)         A person who is the first responsible supplier of a beverage product commits an offence when the beverage product is first supplied in the State unless, at that time —

            (a)         a supply agreement is in force between the person and the Coordinator in relation to the beverage product; and

            (b)         a container approval that applies to the beverage product is in force (whether or not it is held by the person); and

            (c)         the container used for the beverage product bears a refund mark and a barcode that complies with the requirements prescribed by the regulations.

        Penalty for this subsection: a fine of $75 000.

        (3)         If a person charged with an offence against subsection (2) supplied the beverage product in the State, the person is taken, in any proceedings for the offence, to be the first responsible supplier of the beverage product unless the contrary is shown.

        (4)         Regulations may deal with any matter in relation to the supply of beverage products or a person who supplies beverage products.

        [Section 47E inserted: No. 5 of 2019 s. 6.]