Document ID: chunk:federal_register_of_legislation:C2021A00073:clause:4_33a
Version: federal_register_of_legislation:C2021A00073
Segment Type: clause
Provision Reference: sch 4 cl 33A
Character Range: 65602–68087

33A  Import of hazardous waste—basic contravention

Prohibition of imports
 (1) A person contravenes this subsection if:
 (a) the person imports waste; and
 (b) the waste is hazardous waste; and
 (c) the person is not the holder of an import permit authorising the person to import the hazardous waste; and
 (d) the person is not the holder of a transit permit authorising the person to import 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 import the hazardous waste; and
 (f) the import has not been ordered under section 35; and
 (g) the import is not authorised by an order under section 38.
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 import permits
 (2) A person contravenes this subsection if:
 (a) the person imports waste; and
 (b) the waste is hazardous waste; and
 (c) the person is the holder of an import permit authorising the person to import the hazardous waste; and
 (d) the import 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 imports waste; and
 (b) the waste is hazardous waste; and
 (c) the person is the holder of an import permit authorising the person to import 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 import (whether before, during or after the import).
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.