Resource Sustainability Act 2019 · 2020 Revised Edition · Part 4A · Disposable Carrier Bag Charge
23J. Keeping of records
Feedback & supportLast amended by an amending law of 2023.
A person required to submit a report under section 23I(1) must keep and maintain complete and accurate records of the following:
the total amount of charge collected (including any amount collected in excess of the prescribed amount) by the person under section 23F for the provision of disposable carrier bags;
prescribed information relating to how and where the amount mentioned in paragraph (a) has been applied;
any information or document relevant to the report.
The person mentioned in subsection (1) must —
retain the records mentioned in subsection (1) for at least the prescribed period;
during the prescribed period mentioned in paragraph (a), make those records available for inspection by any authorised officer, when so requested by the authorised officer; and
submit to the Agency those records in the time specified by the Agency.
A person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable —
on the first conviction to a fine not exceeding $5,000; and
on a second or subsequent conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after that second or subsequent conviction.
In a prosecution for an offence under subsection (3), it is not necessary for the prosecution to prove that the defendant intended to commit the offence.
The offence under subsection (3) is a strict liability offence.