38CFailure to deal with waste in contravention of order under section 34, 35 or 35A—basic contravention

38C Failure to deal with waste in contravention of order under section 34, 35 or 35A—basic contravention

Failure to deal with waste (1) A person contravenes this subsection if: (a) the person has been given an order under section 34, 35 or 35A requiring the person: (i) to deal with hazardous waste in a specified way; or (ii) to deal with hazardous waste by a specified time; and (b) the person does an act or omits to do an act; and (c) the act or omission contravenes the requirement.

Note 1: The physical elements of an offence against subsection (2) are set out in this subsection (see section 58F).

Note 2: A requirement to deal with hazardous waste in a specified way includes a requirement to import or export the waste.

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

Penalty: Imprisonment for 5 years or 300 penalty units, or both.

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

Penalty: 60 penalty units.

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

Civil penalty: 600 penalty units.