Document ID: chunk:federal_register_of_legislation:C2024C00489:section:38g
Version: federal_register_of_legislation:C2024C00489
Segment Type: section
Provision Reference: s 38G
Character Range: 129187–131030

38G  Failure to deal with waste in contravention of order under section 38—injury or damage to human beings or the environment

Failure to deal with waste
 (1) A person contravenes this subsection if:
 (a) the person has been given an order under section 38 requiring the person to deal with hazardous waste in a specified way; and
 (b) the person does an act or omits to do an act; and
 (c) the act or omission contravenes the requirement; and
 (d) the act or omission injures or damages, or is likely to injure or damage, human beings or the environment.
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 the waste or a requirement to deal with the waste within a specified time.

Fault‑based offence
 (2) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 8 years or 500 penalty units, or both.

Alternative verdict
 (3) In a trial for an offence against subsection (2), the trier of fact may find the defendant not guilty of that offence, but guilty of an offence against subsection 38F(2), if:
 (a) the trier of fact is not satisfied that the defendant is guilty of the offence against subsection (2) of this section; and
 (b) the trier of fact is satisfied that the defendant is guilty of the offence against subsection 38F(2); and
 (c) the defendant has been accorded procedural fairness in relation to that finding of guilt.

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

Civil penalty provision
 (5) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 1,000 penalty units.