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HAZARDOUS WASTE (REGULATION OF EXPORTS AND IMPORTS) ACT 1989 - SECT 49

Additional monitoring and investigation powers--production of transit permits

  (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 a person (the suspected person ):

  (a)   intends to carry out a transit proposal; or

  (b)   is carrying out a transit proposal; or

  (c)   has carried out a transit proposal.

  (2)   The authorised person may require the suspected person to produce, or to produce evidence of the existence and contents of:

  (a)   a transit permit authorising the carrying out of the transit proposal; or

  (b)   a notification in force under subsection   33G(1) that a transit permit is not required for the transit proposal.

Complying with requirement

  (3)   A person contravenes this subsection if:

  (a)   the person is subject to a requirement under subsection   (2); 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.

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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