Document ID: chunk:federal_register_of_legislation:F2004C00355:body:0:p7
Version: federal_register_of_legislation:F2004C00355
Segment Type: other
Provision Reference: 
Character Range: 14772–18163

21 Notification of non-compliance with Part 2

 (1) A person who contravenes a requirement of Part 2 in circumstances described in regulation 20, must, unless he or she has a reasonable excuse, give the Minister or an authorised person notice of the failure to comply within 30 days of starting the activity or of the equipment being damaged (as the case requires).

Penalty:   2 penalty units for each day on which the offence continues.

 (2) Unless the person has a reasonable excuse, he or she must give the Minister or an authorised person a written report within a further 30 days:
 (a) identifying the requirement that was contravened; and
 (b) describing the waste management activity that contravened the requirement; and
 (c) explaining why the requirement was not complied with.

Penalty:   2 penalty units for each day on which the offence continues.

 (3) An offence under subregulation (1) or (2) is an offence of strict liability.

Note 1   For strict liability, see section 6.1 of the Criminal Code.

Note 2   A defendant bears an evidential burden in relation to whether or not he or she had a reasonable excuse (see section 13.3 of the Criminal Code).

Notes to the Antarctic Treaty (Environment Protection) (Waste Management) Regulations 1994

Note 1

The Antarctic Treaty (Environment Protection) (Waste Management) Regulations 1994 (in force under the Antarctic Treaty (Environment Protection) Act 1980) as shown in this compilation comprise Statutory Rules 1994 No. 36 amended as indicated in the Tables below.

Table of Statutory Rules
Year and      Date of notification   Date of       Application, saving or
number        in Gazette             commencement  transitional provisions
1994 No. 36   11 Mar 1994            11 Mar 1994
1998 No. 231  22 July 1998           22 July 1998  —
2002 No. 8    21 Feb 2002            21 Feb 2002   —

Table of Amendments
ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted
Provision affected                                                                                   How affected
R. 1.................                                                                                rs. 2002 No. 8
Rr. 5, 6...............                                                                              am. 2002 No. 8
R. 7.................                                                                                rs. 2002 No. 8
Rr. 8, 9...............                                                                              am. 2002 No. 8
R. 10................                                                                                am. 1998 No. 231
Rr. 11, 12.............                                                                              am. 2002 No. 8
Rr. 13–15.............                                                                               rs. 2002 No. 8
R. 17................                                                                                rs. 2002 No. 8
R. 19................                                                                                am. 1998 No. 231; 2002 No. 8
Note to r. 19 (3).........                                                                           ad. 2002 No. 8
R. 21................                                                                                am. 2002 No. 8