33AImport of hazardous waste—basic contravention

33A Import of hazardous waste—basic contravention

Prohibition of imports (1) A person contravenes this subsection if: (a) the person imports waste; and (b) the waste is hazardous waste; and (c) the person is not the holder of an import permit authorising the person to import the hazardous waste; and (d) the person is not the holder of a transit permit authorising the person to import 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 import the hazardous waste; and (f) the import has not been ordered under section 35; and (g) the import is not authorised by an order under section 38.

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 import permits (2) A person contravenes this subsection if: (a) the person imports waste; and (b) the waste is hazardous waste; and (c) the person is the holder of an import permit authorising the person to import the hazardous waste; and (d) the import is not in accordance with the permit.

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 imports waste; and (b) the waste is hazardous waste; and (c) the person is the holder of an import permit authorising the person to import 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 import (whether before, during or after the import).

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 5 years or 300 penalty units, or both.

Strict liability offence (5) A person commits an offence of strict liability if the person contravenes subsection (1), (2) or (3).

Penalty: 60 penalty units.

Civil penalty provision (6) A person is liable to a civil penalty if the person contravenes subsection (1), (2) or (3).

Civil penalty: 600 penalty units.