Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person contravenes this subsection if:
(a) the person sells waste to a body corporate incorporated outside Australia (whether the sale occurs within or outside Australia); and
(b) the waste is hazardous waste; and
(c) the body corporate:
(i) does not have a registered office in Australia; or
(ii) does not have a principal office, and at least one executive officer, in Australia; and
(d) the person sells the waste knowing, or being reckless as to whether, the waste is to be exported by the body corporate; and
(e) an export permit authorising the export of the waste is not in force when the sale occurs.
Note: The physical elements of an offence against subsection (3) are set out in this subsection (see section 58F).
(2) A person contravenes this subsection if:
(a) the person sells waste to another person who is located outside Australia; and
(b) the waste is hazardous waste; and
(c) the person sells the waste knowing, or being reckless as to whether, the waste is to be exported; and
(d) an export permit authorising the export of the waste is not in force when the sale occurs.
Note: The physical elements of an offence against subsection (3) are set out in this subsection (see section 58F).
Fault - based offence
(3) A person commits an offence if the person contravenes subsection (1) or (2).
Penalty: Imprisonment for 3 years or 180 penalty units, or both.
Civil penalty provision
(4) A person is liable to a civil penalty if the person contravenes subsection (1) or (2).
Civil penalty: 360 penalty units.