Document ID: chunk:federal_register_of_legislation:C2021A00073:clause:4_38e
Version: federal_register_of_legislation:C2021A00073
Segment Type: clause
Provision Reference: sch 4 cl 38E
Character Range: 98767–99734

38E  Failure to deal with waste in contravention of order under section 36 or 38A

Failure to deal with waste
 (1) A person contravenes this subsection if:
 (a) the person has been given an order under section 36 or 38A requiring the person to take steps to remedy or mitigate damage; and
 (b) the person does an act or omits to do an act; and
 (c) the act or omission contravenes the requirement.
Note: The physical elements of an offence against subsection (2) are set out in this subsection (see section 58F).

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.