Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) A person commits an offence if—
(a) a regulation prescribes how a declared substance must be discarded; and
(b) the person discards the substance; and
(c) the person does not discard the substance as prescribed.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2) A person commits an offence if—
(a) the person possesses a declared substance; and
(b) the chief health officer gives the person a direction under section 191 (Directions about dealings with regulated substances and therapeutic goods) in relation to the discarding of the substance; and
(c) the person does not discard the substance as directed.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(3) A person commits an offence if the person discards a declared substance in a way that—
(a) puts the health or safety of people at risk; or
(b) is likely to cause damage to property or the environment.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
Note The Dangerous Substances Act 2004 and Environment Protection Act 1997 may also apply to the discarding of a regulated substance.
(4) However, subsection (3) does not apply if the declared substance is discarded in accordance with—
(a) a regulation about how the substance must be discarded; or
(b) a direction by the chief health officer under section 191.
(5) A person commits an offence if—
(a) the person discards a low harm poison or moderate harm poison; and
(b) the poison is not a declared substance; and
(c) the discarding—
(i) puts the health or safety of people at risk; or
(ii) causes damage to property or the environment.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Note The Dangerous Substances Act 2004 and Environment Protection Act 1997 may also apply to the discarding of regulated substances.