Document ID: chunk:federal_register_of_legislation:C2024C00489:section:33d:p2
Version: federal_register_of_legislation:C2024C00489
Segment Type: section
Provision Reference: s 33D (pt 2/2)
Character Range: 103075–104237

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 8 years or 500 penalty units, or both.

Alternative verdict
 (5) In a trial for an offence against subsection (4), the trier of fact may find the defendant not guilty of that offence, but guilty of an offence against subsection 33C(4), if:
 (a) the trier of fact is not satisfied that the defendant is guilty of the offence against subsection (4) of this section; and
 (b) the trier of fact is satisfied that the defendant is guilty of the offence against subsection 33C(4); and
 (c) the defendant has been accorded procedural fairness in relation to that finding of guilt.

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

Civil penalty provision
 (7) A person is liable to a civil penalty if the person contravenes subsection (1), (2) or (3).
Civil penalty: 1,000 penalty units.

Division 3—Regulation of transit of hazardous waste