10CLoading for the purpose of dumping or incineration

10C Loading for the purpose of dumping or incineration

(1) A person commits an offence against this section if, otherwise than in accordance with a permit, the person: (a) loads controlled material on a vessel, aircraft or platform in Australia or Australian waters: (i) knowing that it will be dumped into the sea or incinerated at sea; or (ii) reckless as to whether it will be dumped into the sea or incinerated at sea; or (b) loads controlled material on any Australian vessel or Australian aircraft: (i) knowing that it will be dumped into the sea or incinerated at sea; or (ii) reckless as to whether it will be dumped into the sea or incinerated at sea. (2) An offence against this section is punishable, on conviction, as follows: (a) if it is proved that any of the offending material is seriously harmful material—imprisonment for up to 10 years or a fine up to 2,000 penalty units, or both; (b) if it is proved that any of the offending material is not within Annex 1 to the Protocol—imprisonment for up to 2 years or a fine up to 500 penalty units, or both; (c) in any other case—imprisonment for up to 1 year or a fine up to 250 penalty units, or both.