Document ID: chunk:federal_register_of_legislation:C2021A00073:clause:4_33h
Version: federal_register_of_legislation:C2021A00073
Segment Type: clause
Provision Reference: sch 4 cl 33H
Character Range: 87670–89258

33H  Regulation of sale of hazardous waste
 (1) A person contravenes this subsection if:
 (a) the person sells waste to a body corporate incorporated outside Australia (whether the sale occurs within or outside Australia); and
 (b) the waste is hazardous waste; and
 (c) the body corporate:
 (i) does not have a registered office in Australia; or
 (ii) does not have a principal office, and at least one executive officer, in Australia; and
 (d) the person sells the waste knowing, or being reckless as to whether, the waste is to be exported by the body corporate; and
 (e) an export permit authorising the export of the waste is not in force when the sale occurs.
Note: The physical elements of an offence against subsection (3) are set out in this subsection (see section 58F).
 (2) A person contravenes this subsection if:
 (a) the person sells waste to another person who is located outside Australia; and
 (b) the waste is hazardous waste; and
 (c) the person sells the waste knowing, or being reckless as to whether, the waste is to be exported; and
 (d) an export permit authorising the export of the waste is not in force when the sale occurs.
Note: The physical elements of an offence against subsection (3) are set out in this subsection (see section 58F).

Fault‑based offence
 (3) A person commits an offence if the person contravenes subsection (1) or (2).
Penalty: Imprisonment for 3 years or 180 penalty units, or both.

Civil penalty provision
 (4) A person is liable to a civil penalty if the person contravenes subsection (1) or (2).
Civil penalty: 360 penalty units.