Page:Product Eco-responsibility Ordinance (Cap. 603).pdf/17

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PRODUCT ECO-RESPONSIBILITY ORDINANCE
Ord. No. 32 of 2008
A1465


(b) any such return is submitted to the Director in such manner and within such time limit as prescribed by the regulation; and
(c) any such return states—
(i) the information required by the regulation in respect of the plastic shopping bags provided by the retailer during the period to which the return relates; and
(ii) the total amount of levies payable for those bags.

(2) A registered retailer shall also pay to the Government, through a method prescribed by the regulation, the total amount of levies stated in a return on or before the date by which the return is required to be submitted to the Director under this section.

(3) A registered retailer who contravenes subsection (1) or (2) commits an offence and is liable on conviction to a fine at level 5.

(4) A registered retailer who is convicted of an offence under subsection (3) in respect of any amount of levies he has failed to pay is also liable to pay—

(a) a surcharge of 5% of the amount of levies that are outstanding on the due date referred to in subsection (2); and
(b) an additional surcharge of 10% of the total amount of levies and the surcharge referred to in paragraph (a) that are outstanding at the expiry of 6 months after the due date referred to in subsection (2).

(5) Any outstanding amount of levies or surcharges payable under this section is recoverable as a civil debt due to the Government.

25. Record keeping

(1) A registered retailer shall ensure that such records and documents as prescribed by the regulation relating to each return submitted under section 24 are kept for not less than 5 years from the end of the calendar year to which the return relates.

(2) A registered retailer who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 5.

26. Assessment notice

(1) This section applies if a registered retailer—

(a) is convicted of an offence under section 9 relating to any record, document or information on any amount of levies stated in a return submitted by the retailer in respect of a period under section 24(1);
(b) is acquitted of an offence mentioned in paragraph (a) in reliance on the defence under section 9;