Document ID: chunk:federal_register_of_legislation:C2024C00639:section:8
Version: federal_register_of_legislation:C2024C00639
Segment Type: section
Provision Reference: s 8
Character Range: 165697–168468

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).