Clause 9

by inserting, immediately after the words “subsection (1)” in subsection (2), the words “(except one mentioned in subsection (2A))”;

by inserting, immediately after subsection (2), the following subsection:“(2A) Where a licensee of a licensed scheme for beverage containers mentioned in section 23O fails to comply with a licence condition relating to minimum specified waste collection amounts, the Agency may, in addition to or instead of taking any action under section 31(1), order the licensee to pay a financial penalty of an amount not exceeding $500,000, by the date specified in the order.”;

by inserting, immediately after the words “subsection (2)” in subsections (3), (4) and (5), the words “or (2A)”;

by deleting the word “revoked” in subsection (3) and substituting the word “made”; and

by inserting, immediately after subsection (5), the following subsections:“(6) The Agency must, in determining the amount of a financial penalty imposed under subsection (2) or (2A), have regard, and give such weight as the Agency considers appropriate, to all of the following matters:

the nature, gravity and duration of the non‑compliance by the licensee;

whether the licensee, as a result of the non‑compliance, gained any financial benefit or avoided any financial loss;

whether the licensee took any action to mitigate the effects and consequences of the non‑compliance, and the timeliness and effectiveness of that action;

whether the licensee had, despite the non‑compliance, implemented adequate and appropriate measures for compliance with the requirements under this Part;

whether the licensee had previously failed to comply with the provisions of this Part or any condition of the licence;

whether the financial penalty to be imposed is proportionate and effective, having regard to achieving compliance and deterring non‑compliance with the provisions of this Part or any condition of the licence;

the likely impact of the imposition of the financial penalty on the licensee, including the ability of the licensee to continue with its usual activities;

any other matter that may be relevant.(7) In this section, a reference to “this Part” includes a reference to any regulations made under section 52 that apply to a person issued a licence to operate a producer responsibility scheme granted under section 29(2).”.