Document ID: chunk:federal_register_of_legislation:C2021A00073:clause:4_33f:p1
Version: federal_register_of_legislation:C2021A00073
Segment Type: clause
Provision Reference: sch 4 cl 33F (pt 1/2)
Character Range: 80895–83598

33F  Transit of hazardous waste—injury or damage to human beings or the environment

Prohibition of bringing waste into Australia
 (1) A person contravenes this subsection if:
 (a) in the course of carrying out a transit proposal, the person brings waste into Australia (whether or not by way of import); and
 (b) the waste is hazardous waste; and
 (c) the person is not the holder of a transit permit authorising the person to bring the hazardous waste into Australia; and
 (d) there is no notification in force under subsection 33G(1) that the person does not require a transit permit for the transit proposal; and
 (e) the bringing into Australia, or the presence in Australia, of the hazardous waste injures or damages, or is likely to injure or damage, human beings or the environment.
Note 1: For paragraph (d), a notification under subsection 33G(1) may cease to be in force if it is revoked under subsection 33G(4).
Note 2: The physical elements of an offence against subsection (5) are set out in this subsection (see section 58F).

Compliance with transit permits—bringing waste into Australia
 (2) A person contravenes this subsection if:
 (a) in the course of carrying out a transit proposal, the person brings waste into Australia (whether or not by way of import); and
 (b) the waste is hazardous waste; and
 (c) the person is the holder of a transit permit authorising the person to bring the hazardous waste into Australia; and
 (d) the bringing of the hazardous waste into Australia is not in accordance with the permit; and
 (e) the bringing into Australia, or the presence in Australia, of the hazardous waste injures or damages, or is likely to injure or damage, human beings or the environment.
Note: The physical elements of an offence against subsection (5) are set out in this subsection (see section 58F).

Compliance with transit permits—exporting waste
 (3) A person contravenes this subsection if:
 (a) in the course of carrying out a transit proposal, the person exports waste; and
 (b) the waste is hazardous waste; and
 (c) the person is the holder of a transit permit authorising the person to export the hazardous waste; and
 (d) the export is not in accordance with the permit; and
 (e) the export, or the presence of the hazardous waste outside of Australia after the export, injures or damages, or is likely to injure or damage, human beings or the environment.
Note: The physical elements of an offence against subsection (5) are set out in this subsection (see section 58F).

Compliance with permit conditions
 (4) A person contravenes this subsection if:
 (a) in the course of carrying out a transit proposal, the person brings waste into Australia (whether or not