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.