Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) For the purposes of paragraph 44(2)(e) or 46(2)(e), the powers under Part 2 or 3 of the Regulatory Powers Act include the powers in this section if an authorised person acting under that Part has reasonable grounds for suspecting that there is in or on:
(a) an Australian vessel or Australian aircraft; or
(b) a vessel or aircraft that is within Australian jurisdiction;
hazardous waste that is to be, or that has been, imported, exported or the subject of a transit proposal.
(2) If this section applies in relation to a vessel, the authorised person may require the person in command or control, or who appears to be in command or control, of the vessel to do one or more of the following things:
(a) ensure the vessel does not remain, or does not come, as the case requires, within Australian jurisdiction;
(b) ensure the vessel is brought to a specified place to which it is safe and practicable to bring the vessel;
(c) ensure the vessel remains at a specified place until an authorised person permits the vessel to leave;
(d) arrange for goods being carried on the vessel to be unloaded;
(e) ensure that goods being carried on the vessel are not unloaded until an authorised person permits their unloading.
(3) If this section applies in relation to an aircraft, the authorised person may require the person in command or control, or who appears to be in command or control, of the aircraft to do one or more of the following things:
(a) ensure the aircraft does not remain, or does not come, as the case requires, within Australian jurisdiction;
(b) ensure the aircraft is landed at a specified airport at which it is safe and practicable to land the aircraft;
(c) ensure the aircraft remains at a specified airport until an authorised person permits the aircraft to leave;
(d) arrange for goods being carried on the aircraft to be unloaded;
(e) ensure that goods being carried on the aircraft are not unloaded until an authorised person permits their unloading.
(4) An authorised person may communicate a requirement under this section by means of:
(a) an international signal code; or
(b) if the requirement relates to a vessel--any other internationally recognised means of communication with a vessel; or
(c) if the requirement relates to an aircraft--any other internationally recognised means of communication with an aircraft.
Complying with requirement
(5) A person contravenes this subsection if:
(a) the person is subject to a requirement under this section; and
(b) the person fails to comply with the requirement.
Note: An example of failing to comply with a requirement is refusing to comply with it.
(6) Subsection (5) does not apply if complying with the requirement would have endangered the person or any other person.
Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).
Strict liability offence
(7) A person commits an offence of strict liability if the person contravenes subsection (5).
Civil penalty provision
(8) A person is liable to a civil penalty if the person contravenes subsection (5).
Civil penalty: 240 penalty units.