33HRegulation of sale of hazardous waste

33H Regulation of sale of hazardous waste

(1) A person contravenes this subsection if: (a) the person sells waste to a body corporate incorporated outside Australia (whether the sale occurs within or outside Australia); and (b) the waste is hazardous waste; and (c) the body corporate: (i) does not have a registered office in Australia; or (ii) does not have a principal office, and at least one executive officer, in Australia; and (d) the person sells the waste knowing, or being reckless as to whether, the waste is to be exported by the body corporate; and (e) an export permit authorising the export of the waste is not in force when the sale occurs.

Note: The physical elements of an offence against subsection (3) are set out in this subsection (see section 58F).

(2) A person contravenes this subsection if: (a) the person sells waste to another person who is located outside Australia; and (b) the waste is hazardous waste; and (c) the person sells the waste knowing, or being reckless as to whether, the waste is to be exported; and (d) an export permit authorising the export of the waste is not in force when the sale occurs.

Note: The physical elements of an offence against subsection (3) are set out in this subsection (see section 58F).

Fault‑based offence (3) A person commits an offence if the person contravenes subsection (1) or (2).

Penalty: Imprisonment for 3 years or 180 penalty units, or both.

Civil penalty provision (4) A person is liable to a civil penalty if the person contravenes subsection (1) or (2).

Civil penalty: 360 penalty units.