Document ID: chunk:federal_register_of_legislation:C2021A00073:clause:2_48
Version: federal_register_of_legislation:C2021A00073
Segment Type: clause
Provision Reference: sch 2 cl 48
Character Range: 25750–27155

48  Additional monitoring and investigation powers—production of permits and orders for import or export
 (1) For the purposes of paragraph 44(2)(e) or 46(2)(e), the powers under Part 2 or 3 of the Regulatory Powers Act include the powers in this section if an authorised person acting under that Part has reasonable grounds for suspecting that a person (the suspected person):
 (a) intends to import or export hazardous waste; or
 (b) is importing or exporting hazardous waste; or
 (c) has imported or exported hazardous waste.
 (2) The authorised person may require the suspected person to produce, or to produce evidence of the existence and contents of:
 (a) a Basel permit or special permit authorising the import or export; or
 (b) an order under section 34, 35, 35A or 38 authorising or requiring the import or export.

Complying with requirement
 (3) A person contravenes this subsection if:
 (a) the person is subject to a requirement under subsection (2); and
 (b) the person fails to comply with the requirement.
Note: An example of failing to comply with a requirement is refusing to comply with it.

Strict liability offence
 (4) A person commits an offence of strict liability if the person contravenes subsection (3).
Penalty: 30 penalty units.

Civil penalty provision
 (5) A person is liable to a civil penalty if the person contravenes subsection (3).
Civil penalty: 240 penalty units.