Commonwealth Consolidated Acts

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

Failure to deal with waste

  (1)   A person contravenes this subsection if:

  (a)   the person has been given an order under section   38 requiring the person to deal with hazardous waste in a specified way; and

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

  (c)   the act or omission contravenes the requirement; and

  (d)   the act or omission injures or damages, or is likely to injure or damage, human beings or the environment.

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 the waste or a requirement to deal with the waste within a specified time.

Fault - based offence

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

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

Alternative verdict

  (3)   In a trial for an offence against subsection   (2), the trier of fact may find the defendant not guilty of that offence, but guilty of an offence against subsection   38F(2), if:

  (a)   the trier of fact is not satisfied that the defendant is guilty of the offence against subsection   (2) of this section; and

  (b)   the trier of fact is satisfied that the defendant is guilty of the offence against subsection   38F(2); and

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

Strict liability offence

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

Penalty:   60 penalty units.

Civil penalty provision

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

Civil penalty:   1,000 penalty units.