Document ID: chunk:federal_register_of_legislation:C2024C00489:section:33f:p2
Version: federal_register_of_legislation:C2024C00489
Segment Type: section
Provision Reference: s 33F (pt 2/2)
Character Range: 109920–111933

(5) are set out in this subsection (see section 58F).

Compliance with permit conditions
 (4) A person contravenes this subsection if:
 (a) in the course of carrying out a transit proposal, the person brings waste into Australia (whether or not by way of import); and
 (b) the waste is hazardous waste; and
 (c) the person is the holder of a transit permit authorising the person to bring the hazardous waste into Australia; and
 (d) the permit is subject to a permit condition; and
 (e) the person does an act or omits to do an act; and
 (f) the act or omission does not comply with the permit condition in relation to the transit of the hazardous waste (whether before, during or after bringing it into Australia); and
 (g) the non‑compliance with the permit condition injures or damages, or is likely to injure or damage, human beings or the environment.
Note: The physical elements of an offence against subsection (5) are set out in this subsection (see section 58F).

Fault‑based offence
 (5) A person commits an offence if the person contravenes subsection (1), (2), (3) or (4).
Penalty: Imprisonment for 8 years or 500 penalty units, or both.

Alternative verdict
 (6) In a trial for an offence against subsection (5), the trier of fact may find the defendant not guilty of that offence, but guilty of an offence against subsection 33E(5), if:
 (a) the trier of fact is not satisfied that the defendant is guilty of the offence against subsection (5) of this section; and
 (b) the trier of fact is satisfied that the defendant is guilty of the offence against subsection 33E(5); and
 (c) the defendant has been accorded procedural fairness in relation to that finding of guilt.

Strict liability offence
 (7) A person commits an offence of strict liability if the person contravenes subsection (1), (2), (3) or (4).
Penalty: 60 penalty units.

Civil penalty provision
 (8) A person is liable to a civil penalty if the person contravenes subsection (1), (2), (3) or (4).
Civil penalty: 1,000 penalty units.