Commonwealth Consolidated Acts

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

Prohibition of bringing waste into Australia

  (1)   A person contravenes this subsection if:

  (a)   in the course of carrying out a transit proposal, the person brings waste into Australia (whether or not by way of import); and

  (b)   the waste is hazardous waste; and

  (c)   the person is not the holder of a transit permit authorising the person to bring the hazardous waste into Australia; and

  (d)   there is no notification in force under subsection   33G(1) that the person does not require a transit permit for the transit proposal; and

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

Note 1:   For paragraph   (d), 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   (5) are set out in this subsection   (see section   58F).

Compliance with transit permits--bringing waste into Australia

  (2)   A person contravenes this subsection if:

  (a)   in the course of carrying out a transit proposal, the person brings waste into Australia (whether or not by way of import); and

  (b)   the waste is hazardous waste; and

  (c)   the person is the holder of a transit permit authorising the person to bring the hazardous waste into Australia; and

  (d)   the bringing of the hazardous waste into Australia is not in accordance with the permit; and

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

Note:   The physical elements of an offence against subsection   (5) are set out in this subsection   (see section   58F).

Compliance with transit permits--exporting waste

  (3)   A person contravenes this subsection if:

  (a)   in the course of carrying out a transit proposal, the person exports waste; and

  (b)   the waste is hazardous waste; and

  (c)   the person is the holder of a transit permit authorising the person to export the hazardous waste; and

  (d)   the export is not in accordance with the permit; and

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

Note:   The physical elements of an offence against subsection   (5) are set out in this subsection   (see section   58F).

Compliance with permit conditions

  (4)   A person contravenes this subsection if:

  (a)   in the course of carrying out a transit proposal, the person brings waste into Australia (whether or not by way of import); and

  (b)   the waste is hazardous waste; and

  (c)   the person is the holder of a transit permit authorising the person to bring the hazardous waste into Australia; 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 transit of the hazardous waste (whether before, during or after bringing it into Australia); 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   (5) are set out in this subsection   (see section   58F).

Fault - based offence

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

Penalty:   Imprisonment for 8 years or 500 penalty units, or both.

Alternative verdict

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

  (a)   the trier of fact is not satisfied that the defendant is guilty of the offence against subsection   (5) of this section; and

  (b)   the trier of fact is satisfied that the defendant is guilty of the offence against subsection   33E(5); and

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

Strict liability offence

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

Penalty:   60 penalty units.

Civil penalty provision

  (8)   A person is liable to a civil penalty if the person contravenes subsection   (1), (2), (3) or (4).

Civil penalty:   1,000 penalty units.