sec.90Application of provisions to agents

### sec.90 Application of provisions to agents This section applies if— a waste handler is required by a provision of division 3 (a waste tracking provision ) to do something; and the waste handler enters into a written agreement with another person (the agent ) to do the thing for the waste handler; and the agreement states the agent is aware of subsection (3) . In a proceeding for an offence against a waste tracking provision, it is a defence for the waste handler to show— the waste handler entered into the agreement with the agent; and the contravention was directly caused by a failure of the agent to do something in compliance with the agreement. The waste tracking provision applies to the agent, to the extent the agent has agreed to do something required by the provision, as if a reference in the provision to the waste handler were a reference to the agent. (sec.90-ssec.1) This section applies if— a waste handler is required by a provision of division 3 (a waste tracking provision ) to do something; and the waste handler enters into a written agreement with another person (the agent ) to do the thing for the waste handler; and the agreement states the agent is aware of subsection (3) . (sec.90-ssec.2) In a proceeding for an offence against a waste tracking provision, it is a defence for the waste handler to show— the waste handler entered into the agreement with the agent; and the contravention was directly caused by a failure of the agent to do something in compliance with the agreement. (sec.90-ssec.3) The waste tracking provision applies to the agent, to the extent the agent has agreed to do something required by the provision, as if a reference in the provision to the waste handler were a reference to the agent. - (a) a waste handler is required by a provision of division 3 (a waste tracking provision ) to do something; and - (b) the waste handler enters into a written agreement with another person (the agent ) to do the thing for the waste handler; and - (c) the agreement states the agent is aware of subsection (3) . - (a) the waste handler entered into the agreement with the agent; and - (b) the contravention was directly caused by a failure of the agent to do something in compliance with the agreement.