Document ID: chunk:federal_register_of_legislation:C2021A00073:clause:4_33c
Version: federal_register_of_legislation:C2021A00073
Segment Type: clause
Provision Reference: sch 4 cl 33C
Character Range: 71690–74114

33C  Export of hazardous waste—basic contravention

Prohibition of exports
 (1) A person contravenes this subsection if:
 (a) the person exports waste; and
 (b) the waste is hazardous waste; and
 (c) the person is not the holder of an export permit authorising the person to export the hazardous waste; and
 (d) the person is not the holder of a transit permit authorising the person to export the hazardous waste; and
 (e) there is no notification in force under subsection 33G(1) that the person does not require a transit permit to export the hazardous waste; and
 (f) the export has not been ordered under section 34 or 35A.
Note 1: For paragraph (e), 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 (4) are set out in this subsection (see section 58F).

Compliance with export permits
 (2) A person contravenes this subsection if:
 (a) the person exports waste; and
 (b) the waste is hazardous waste; and
 (c) the person is the holder of an export permit authorising the person to export the hazardous waste; and
 (d) the export is not in accordance with the permit.
Note: The physical elements of an offence against subsection (4) are set out in this subsection (see section 58F).

Compliance with permit conditions
 (3) A person contravenes this subsection if:
 (a) the person exports waste; and
 (b) the waste is hazardous waste; and
 (c) the person is the holder of an export permit authorising the person to export the hazardous waste; and
 (d) the permit is subject to a permit condition; and
 (e) the person does an act or omits to do an act; and
 (f) the act or omission does not comply with the permit condition in relation to the export (whether before, during or after the export).
Note: The physical elements of an offence against subsection (4) are set out in this subsection (see section 58F).

Fault‑based offence
 (4) A person commits an offence if the person contravenes subsection (1), (2) or (3).
Penalty: Imprisonment for 5 years or 300 penalty units, or both.

Strict liability offence
 (5) A person commits an offence of strict liability if the person contravenes subsection (1), (2) or (3).
Penalty: 60 penalty units.

Civil penalty provision
 (6) A person is liable to a civil penalty if the person contravenes subsection (1), (2) or (3).
Civil penalty: 600 penalty units.