Document ID: chunk:federal_register_of_legislation:C2024C00489:section:38f
Version: federal_register_of_legislation:C2024C00489
Segment Type: section
Provision Reference: s 38F
Character Range: 128029–129187

38F  Failure to deal with waste in contravention of order under section 38—basic contravention

Failure to deal with waste
 (1) A person contravenes this subsection if:
 (a) the person has been given an order under section 38 requiring the person to deal with hazardous waste in a specified way; and
 (b) the person does an act or omits to do an act; and
 (c) the act or omission contravenes the requirement.
Note 1: The physical elements of an offence against subsection (2) are set out in this subsection (see section 58F).
Note 2: A requirement to deal with hazardous waste in a specified way includes a requirement to import the waste or a requirement to deal with the waste within a specified time.

Fault‑based offence
 (2) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 5 years or 300 penalty units, or both.

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

Civil penalty provision
 (4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 600 penalty units.