Document ID: chunk:federal_register_of_legislation:C2024C00489:section:38c
Version: federal_register_of_legislation:C2024C00489
Segment Type: section
Provision Reference: s 38C
Character Range: 124010–125201

38C  Failure to deal with waste in contravention of order under section 34, 35 or 35A—basic contravention

Failure to deal with waste
 (1) A person contravenes this subsection if:
 (a) the person has been given an order under section 34, 35 or 35A requiring the person:
 (i) to deal with hazardous waste in a specified way; or
 (ii) to deal with hazardous waste by a specified time; and
 (b) the person does an act or omits to do an act; and
 (c) the act or omission contravenes the requirement.
Note 1: The physical elements of an offence against subsection (2) are set out in this subsection (see section 58F).
Note 2: A requirement to deal with hazardous waste in a specified way includes a requirement to import or export the waste.

Fault‑based offence
 (2) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 5 years or 300 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: 600 penalty units.