Commonwealth Consolidated Acts

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

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; and

  (h)   the import, or the presence of the hazardous waste in Australia after the import, injures or damages, or is likely to injure or damage, human beings or the environment.

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; and

  (e)   the import, or the presence of the hazardous waste in Australia after the import, injures or damages, or is likely to injure or damage, human beings or the environment.

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); and

  (g)   the non - compliance with the permit condition injures or damages, or is likely to injure or damage, human beings or the environment.

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 8 years or 500 penalty units, or both.

Alternative verdict

  (5)   In a trial for an offence against subsection   (4), the trier of fact may find the defendant not guilty of that offence, but guilty of an offence against subsection   33A(4), if:

  (a)   the trier of fact is not satisfied that the defendant is guilty of the offence against subsection   (4) of this section; and

  (b)   the trier of fact is satisfied that the defendant is guilty of the offence against subsection   33A(4); and

  (c)   the defendant has been accorded procedural fairness in relation to that finding of guilt.

Strict liability offence

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

Penalty:   60 penalty units.

Civil penalty provision

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

Civil penalty:   1,000 penalty units.