Commonwealth Consolidated Acts

HAZARDOUS WASTE (REGULATION OF EXPORTS AND IMPORTS) ACT 1989 - SECT 38C

Failure to deal with waste

  (1)   A person contravenes this subsection if:

  (a)   the person has been given an order under section   34, 35 or 35A requiring the person:

  (i)   to deal with hazardous waste in a specified way; or

  (ii)   to deal with hazardous waste by a specified time; and

  (b)   the person does an act or omits to do an act; and

  (c)   the act or omission contravenes the requirement.

Note 1:   The physical elements of an offence against subsection   (2) are set out in this subsection   (see section   58F).

Note 2:   A requirement to deal with hazardous waste in a specified way includes a requirement to import or export the waste.

Fault - based offence

  (2)   A person commits an offence if the person contravenes subsection   (1).

Penalty:   Imprisonment for 5 years or 300 penalty units, or both.

Strict liability offence

  (3)   A person commits an offence of strict liability if the person contravenes subsection   (1).

Penalty:   60 penalty units.

Civil penalty provision

  (4)   A person is liable to a civil penalty if the person contravenes subsection   (1).

Civil penalty:   600 penalty units.