Commonwealth Consolidated Acts Commonwealth Consolidated ActsGrounds for giving direction
(1) An authorised officer may give a direction to a person (a relevant person ) referred to in column 1 of an item in the following table if an authorised officer reasonably believes that a ground referred to in column 2 of that item exists.
Directions to deal with non - compliance with the requirements of this Act etc. | ||
Item | Column 1 Relevant person | Column 2 Grounds for giving direction |
1 | The holder of an export licence | Any of the following: (a) a condition of the export licence has been contravened, or it is likely that such a condition will be contravened; (b) the holder has not complied, or is likely not to comply, with a requirement of this Act; (c) particular regulated waste material, or a kind of regulated waste material, covered by the licence does not comply, or is not likely to comply, with a requirement of this Act that applies in relation to the waste material |
2 | A person authorised by an accredited voluntary arrangement to exercise the Commonwealth's intellectual property rights in a product stewardship logo in connection with a product | The person has not complied, or is not likely to comply, with a requirement of this Act |
3 | An administrator of an accredited voluntary arrangement | The administrator has not complied, or is not likely to comply, with a requirement of this Act |
4 | The accrediting authority (other than the Minister) of an accredited voluntary arrangement | The accrediting authority has not complied, or is not likely to comply, with a requirement of this Act |
5 | An administrator of a co - regulatory arrangement | The administrator has not complied, or is not likely to comply, with a requirement of this Act |
6 | A liable party in relation to a product | The liable party has not complied, or is not likely to comply, with a requirement of this Act |
7 | A person specified by rules made for the purposes of subsection 92(1) (about mandatory product stewardship) | The person has not complied, or is not likely to comply, with a requirement specified by the rules |
8 | A person of a kind prescribed by the rules (who may be a relevant person referred to in another item of this table) | A ground prescribed by the rules |
Content of direction
(2) The direction must require the relevant person to take specified action within a specified period, to deal with the ground for giving the direction.
Note 1: An authorised officer may give more than one direction relating to a ground (see subsection 33(1) of the Acts Interpretation Act 1901 ).
Note 2: See also section 107 (general provisions relating to directions).
(3) Without limiting subsection (2), a relevant person may be directed to cease carrying out export operations in relation to particular regulated waste material or a kind of regulated waste material.
(4) However, a direction must not require the relevant person to cease carrying out export operations in relation to particular regulated waste material, or a kind of regulated waste material, unless an authorised officer reasonably believes that:
(a) one or more of the following grounds exists:
(i) the waste material does not comply, or it is likely that the waste material does not comply, with a requirement of this Act that applies in relation to the waste material;
(ii) a ground prescribed by the rules; and
(b) that ground, or those grounds, cannot be dealt with other than by ceasing the relevant export operations.
(5) A direction that is given in writing must state that, if the person fails to comply with the direction, the person may commit an offence or be liable to a civil penalty.
(6) A person contravenes this subsection if:
(a) the person is given a direction under subsection (1); and
(b) the person engages in conduct; and
(c) the conduct contravenes the direction.
Fault - based offence
(7) A person commits an offence if the person contravenes subsection (6).
Penalty: Imprisonment for 6 months or 30 penalty units, or both.
Civil penalty provision
(8) A person is liable to a civil penalty if the person contravenes subsection (6).
Civil penalty: 60 penalty units.
(9) Subsection (6) does not apply if:
(a) the direction was given in writing and the direction did not include the statement referred to in subsection (5); or
(b) the direction was given orally and the authorised officer did not take reasonable steps to inform the person that the person may commit an offence or be liable to a civil penalty for failing to comply with the direction.
Note: A defendant bears an evidential burden in relation to the matters mentioned in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).