Document ID: chunk:federal_register_of_legislation:C2004A00905:clause:1_40aa
Version: federal_register_of_legislation:C2004A00905
Segment Type: clause
Provision Reference: sch 1 cl 40AA
Character Range: 5314–6582

40AA  Regulation of sale of hazardous waste

 (1) A person is guilty of an offence if:
 (a) the person sells hazardous waste to a body corporate incorporated outside Australia (whether the sale occurs within or outside Australia); and
 (b) the body corporate does not have a registered office or a principal office and at least one executive officer in Australia; and
 (c) the person sells the waste knowing, or being reckless as to whether, the waste is to be exported by the body corporate; and
 (d) an export permit authorising the export of the waste is not in force when the sale occurs.

Penalty:
 (a) if the offender is an individual—imprisonment for a term not exceeding 2 years; or
 (b) if the offender is a body corporate—a fine not exceeding 2,500 penalty units.

 (2) A person is guilty of an offence if:
 (a) the person sells hazardous waste to another person; and
 (b) the person sells hazardous waste knowing, or being reckless as to whether the waste is to be exported; and
 (c) an export permit authorising the export of the waste is not in force when the sale occurs.

Penalty:
 (a) if the offender is an individual—imprisonment for a term not exceeding 2 years; or
 (b) if the offender is a body corporate—a fine not exceeding 2,500 penalty units.