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

Requirement to make and retain records

Records

  (1)   The regulations may make provision for and in relation to requiring records to be made and retained by the following:

  (a)   a person who holds a permit under this Act in relation to the import, export or transit of hazardous waste;

  (b)   a person who has been notified under subsection   33G(1) that a transit permit is not required for carrying out a transit proposal;

  (c)   a person who has been given an order under Part   3 of this Act.

  (2)   Without limiting subsection   (1), regulations made for the purposes of that subsection may make provision for and in relation to one or more of the following:

  (a)   the kind of records that must be made and retained;

  (b)   the form in which records must be retained;

  (c)   the period for which records must be retained.

  (3)   A person contravenes this subsection if:

  (a)   the person is required to make or retain a record in accordance with regulations made for the purposes of subsection   (1); and

  (b)   the person fails to comply with the requirement.

Strict liability offence

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

Penalty:   30 penalty units.

Civil penalty provision

  (5)   A person is liable to a civil penalty if the person contravenes subsection   (3).

Civil penalty:   240 penalty units.



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