Document ID: chunk:federal_register_of_legislation:C2024C00489:section:41a
Version: federal_register_of_legislation:C2024C00489
Segment Type: section
Provision Reference: s 41A
Character Range: 131877–133233

41A  Transporting substance through transit country without approval

Transporting substance through transit country without approval
 (1) A person contravenes this subsection if:
 (a) the person exports a substance or object to a foreign country (the destination country); and
 (b) the substance or object is transported through a third country (the transit country) on its way to the destination country; and
 (c) the substance or object is not hazardous waste for the purposes of the application of this Act to the export; and
 (d) under section 41C the substance or object is a notifiable substance in relation to the transit country; and
 (e) at the time when the substance or object was brought into the transit country, the transportation had not been approved under section 41B.
Note: The physical elements of an offence against subsection (2) are set out in this subsection (see section 58F).

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

Strict liability offence
 (3) A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty: 60 penalty units.

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