Document ID: chunk:federal_register_of_legislation:C2021A00073:clause:4_33d:p1
Version: federal_register_of_legislation:C2021A00073
Segment Type: clause
Provision Reference: sch 4 cl 33D (pt 1/2)
Character Range: 74114–76756

33D  Export of hazardous waste—injury or damage to human beings or the environment

Prohibition of exports
 (1) A person contravenes this subsection if:
 (a) the person exports waste; and
 (b) the waste is hazardous waste; and
 (c) the person is not the holder of an export permit authorising the person to export the hazardous waste; and
 (d) the person is not the holder of a transit permit authorising the person to export 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 export the hazardous waste; and
 (f) the export has not been ordered under section 34 or 35A; and
 (g) the export, or the presence of the hazardous waste outside of Australia after the export, injures or damages, or is likely to injure or damage, human beings or the environment.
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 export permits
 (2) A person contravenes this subsection if:
 (a) the person exports waste; and
 (b) the waste is hazardous waste; and
 (c) the person is the holder of an export permit authorising the person to export the hazardous waste; and
 (d) the export is not in accordance with the permit; and
 (e) the export, or the presence of the hazardous waste outside of Australia after the export, injures or damages, or is likely to injure or damage, human beings or the environment.
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 exports waste; and
 (b) the waste is hazardous waste; and
 (c) the person is the holder of an export permit authorising the person to export 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 export (whether before, during or after the export); and
 (g) the non‑compliance with the permit condition injures or damages, or is likely to injure or damage, human beings or the environment.
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 8 years or 500 penalty units,