Commonwealth Consolidated Acts

HAZARDOUS WASTE (REGULATION OF EXPORTS AND IMPORTS) ACT 1989 - SECT 41A

Transporting substance through transit country without approval

  (1)   A person contravenes this subsection if:

  (a)   the person exports a substance or object to a foreign country (the destination country ); and

  (b)   the substance or object is transported through a third country (the transit country ) on its way to the destination country; and

  (c)   the substance or object is not hazardous waste for the purposes of the application of this Act to the export; and

  (d)   under section   41C the substance or object is a notifiable substance in relation to the transit country; and

  (e)   at the time when the substance or object was brought into the transit country, the transportation had not been approved under section   41B.

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

Fault - based offence

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

Penalty:   Imprisonment for 3 years or 180 penalty units, or both.

Strict liability offence

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

Penalty:   60 penalty units.

Civil penalty provision

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

Civil penalty:   360 penalty units.