Commonwealth Consolidated Acts

HAZARDOUS WASTE (REGULATION OF EXPORTS AND IMPORTS) ACT 1989 - SECT 33A

Prohibition of imports

  (1)   A person contravenes this subsection if:

  (a)   the person imports waste; and

  (b)   the waste is hazardous waste; and

  (c)   the person is not the holder of an import permit authorising the person to import the hazardous waste; and

  (d)   the person is not the holder of a transit permit authorising the person to import the hazardous waste; and

  (e)   there is no notification in force under subsection   33G(1) that the person does not require a transit permit to import the hazardous waste; and

  (f)   the import has not been ordered under section   35; and

  (g)   the import is not authorised by an order under section   38.

Note 1:   For paragraph   (e), a notification under subsection   33G(1) may cease to be in force if it is revoked under subsection   33G(4).

Note 2:   The physical elements of an offence against subsection   (4) are set out in this subsection   (see section   58F).

Compliance with import permits

  (2)   A person contravenes this subsection if:

  (a)   the person imports waste; and

  (b)   the waste is hazardous waste; and

  (c)   the person is the holder of an import permit authorising the person to import the hazardous waste; and

  (d)   the import is not in accordance with the permit.

Note:   The physical elements of an offence against subsection   (4) are set out in this subsection   (see section   58F).

Compliance with permit conditions

  (3)   A person contravenes this subsection if:

  (a)   the person imports waste; and

  (b)   the waste is hazardous waste; and

  (c)   the person is the holder of an import permit authorising the person to import the hazardous waste; and

  (d)   the permit is subject to a permit condition; and

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

  (f)   the act or omission does not comply with the permit condition in relation to the import (whether before, during or after the import).

Note:   The physical elements of an offence against subsection   (4) are set out in this subsection   (see section   58F).

Fault - based offence

  (4)   A person commits an offence if the person contravenes subsection   (1), (2) or (3).

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

Strict liability offence

  (5)   A person commits an offence of strict liability if the person contravenes subsection   (1), (2) or (3).

Penalty:   60 penalty units.

Civil penalty provision

  (6)   A person is liable to a civil penalty if the person contravenes subsection   (1), (2) or (3).

Civil penalty:   600 penalty units.