Document ID: chunk:federal_register_of_legislation:C2004A00699:clause:1_10d
Version: federal_register_of_legislation:C2004A00699
Segment Type: clause
Provision Reference: sch 1 cl 10D
Character Range: 15446–16307

10D  Export for the purpose of dumping or incineration

 (1) A person is guilty of an offence against this section if the person exports controlled material from Australia to another country:
 (a) knowing that it will be dumped into the sea or incinerated at sea; or
 (b) reckless as to whether it will be dumped into the sea or incinerated at sea.

 (2) An offence against this section is punishable, on conviction, as follows:
 (a) if it is proved that any of the offending material is seriously harmful material—imprisonment for up to 10 years or a fine up to 2,000 penalty units, or both;
 (b) if it is proved that any of the offending material is not within Annex 1 to the Protocol—imprisonment for up to 2 years or a fine up to 500 penalty units, or both;
 (c) in any other case—imprisonment for up to 1 year or a fine up to 250 penalty units, or both.