33ETransit of hazardous waste—basic contravention

#### 33E Transit of hazardous waste—basic contravention Prohibition of bringing waste into Australia (1) A person contravenes this subsection if: (a) in the course of carrying out a transit proposal, the person brings waste into Australia (whether or not by way of import); and (b) the waste is hazardous waste; and (c) the person is not the holder of a transit permit authorising the person to bring the hazardous waste into Australia; and (d) there is no notification in force under subsection 33G(1) that the person does not require a transit permit for the transit proposal. > Note 1: For paragraph (d), 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 (5) are set out in this subsection (see section 58F). Compliance with transit permits—bringing waste into Australia (2) A person contravenes this subsection if: (a) in the course of carrying out a transit proposal, the person brings waste into Australia (whether or not by way of import); and (b) the waste is hazardous waste; and (c) the person is the holder of a transit permit authorising the person to bring the hazardous waste into Australia; and (d) the bringing of the hazardous waste into Australia is not in accordance with the permit. > Note: The physical elements of an offence against subsection (5) are set out in this subsection (see section 58F). Compliance with transit permits—exporting waste (3) A person contravenes this subsection if: (a) in the course of carrying out a transit proposal, the person exports waste; and (b) the waste is hazardous waste; and (c) the person is the holder of a transit permit authorising the person to export the hazardous waste; and (d) the export is not in accordance with the permit. > Note: The physical elements of an offence against subsection (5) are set out in this subsection (see section 58F). Compliance with permit conditions (4) A person contravenes this subsection if: (a) in the course of carrying out a transit proposal, the person brings waste into Australia (whether or not by way of import); and (b) the waste is hazardous waste; and (c) the person is the holder of a transit permit authorising the person to bring the hazardous waste into Australia; 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 transit of the hazardous waste (whether before, during or after bringing it into Australia). > Note: The physical elements of an offence against subsection (5) are set out in this subsection (see section 58F). Fault‑based offence (5) A person commits an offence if the person contravenes subsection (1), (2), (3) or (4). Penalty: Imprisonment for 5 years or 300 penalty units, or both. Strict liability offence (6) A person commits an offence of strict liability if the person contravenes subsection (1), (2), (3) or (4). Penalty: 60 penalty units. Civil penalty provision (7) A person is liable to a civil penalty if the person contravenes subsection (1), (2), (3) or (4). Civil penalty: 600 penalty units.