Victorian Numbered Acts

CIRCULAR ECONOMY (WASTE REDUCTION AND RECYCLING) ACT 2021 (NO. 55 OF 2021) - SECT 138

    (1)     On an application under section 137, the court may make one or more of the following orders—

        (a)     an order that the person pay in respect of the civil penalty provision, a pecuniary penalty of not more than the maximum penalty specified in column 2 or 3 (as the case requires) of the table in this subsection opposite the provision;

        (b)     any other order that the court considers appropriate.

Item	Column 1 Civil penalty provision	Column 2 Maximum penalty for a natural person	Column 3 Maximum penalty for a body corporate
1	Section 38(1) (Regular reporting entity must give certain information to the Head, Recycling Victoria)	120 penalty units	120 penalty units
2	Section 39(5) (Direction to provide additional information—regular reporting entity)	120 penalty units	120 penalty units
3	Section 42(5) (Direction to provide additional information—occasional reporting entity)	120 penalty units	120 penalty units
4	Section 69(1) (Offence to refuse or fail to comply with applicable service standards)	500 penalty units	1200 penalty units
5	Section 71(1) (Offence to refuse or fail to incorporate relevant service standards)	500 penalty units	1200 penalty units
6	Section 73(1) (Offence to fail to comply with notice)	120 penalty units	240 penalty units
7	Section 74(1) (Duty of providers of essential waste, recycling or resource recovery services to minimise risk)	500 penalty units	2500 penalty units
8	Section 86(1) (Scheme Coordinator must comply with direction by Minister)	700 penalty units	700 penalty units
9	Section 86(3) (Scheme Coordinator must comply with direction by the Head, Recycling Victoria)	700 penalty units	700 penalty units
10	Section 95(1) (Network operator must comply with direction by Minister)	700 penalty units	700 penalty units
11	Section 95(3) (Network operator must comply with direction by the Head, Recycling Victoria)	700 penalty units	700 penalty units
12	Section 100(1) (Offence to dispose of suitable eligible container at a landfill site)	500 penalty units	2500 penalty units
13	Section 105(1) (Offence to supply suitable eligible container that does not bear a refund marking)	500 penalty units	2500 penalty units
14	Section 106(1) (Offence to refuse delivery of suitable eligible container or fail to pay refund amount)	250 penalty units	1250 penalty units
15	Section 109(1) (Offence to present container to refund collection point if container is not subject to container deposit scheme)	500 penalty units	2500 penalty units
16	Section 109(3) (Offence to issue invoice for containers not subject to container deposit scheme)	500 penalty units	2500 penalty units
17	Section 110(1) (Offence to supply container without supply arrangement or approval as suitable eligible container)	500 penalty units	2500 penalty units
18	Section 114(1) (Offence to fail to keep records and information)	250 penalty units	1200 penalty units
19	Section 115(1) (Offence to give false or misleading information)	500 penalty units	1800 penalty units
20	Section 116(1) (Offence to conceal information)	500 penalty units	1800 penalty units
21	Section 126(1) (Offence to fail to comply with improvement notice)	120 penalty units	240 penalty units
22	Section 128(1) (Offence to fail to comply with prohibition notice)	240 penalty units	480 penalty units

    (2)     In determining the amount of a penalty under this Division, the court may have regard to any relevant matter including, but not limited to, the following—

        (a)     the nature and extent of the conduct constituting the contravention;

        (b)     the nature and extent of any loss or damage suffered as a result of the conduct including the cost of remedying the harm;

        (c)     the circumstances in which the contravention took place;

        (d)     whether the person who contravenes a civil penalty provision had previously contravened a civil penalty provision;

        (e)     any enforceable undertaking that is accepted by the Head, Recycling Victoria in relation to the conduct.

    (3)     Nothing in this section is to be construed as limiting any other power of the court.

    (4)     Proceedings under this section are civil proceedings for all purposes.