38DFailure to deal with waste in contravention of order under section 34, 35 or 35A—injury or damage to human beings or the environment

#### 38D Failure to deal with waste in contravention of order under section 34, 35 or 35A—injury or damage to human beings or the environment 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; and (d) the non‑compliance with the requirement injures or damages human beings or the environment. > 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 8 years or 500 penalty units, or both. Alternative verdict (3) In a trial for an offence against subsection (2), the trier of fact may find the defendant not guilty of that offence, but guilty of an offence against subsection 38C(2), if: (a) the trier of fact is not satisfied that the defendant is guilty of the offence against subsection (2) of this section; and (b) the trier of fact is satisfied that the defendant is guilty of the offence against subsection 38C(2); and (c) the defendant has been accorded procedural fairness in relation to that finding of guilt. Strict liability offence (4) A person commits an offence of strict liability if the person contravenes subsection (1). Penalty: 60 penalty units. Civil penalty provision (5) A person is liable to a civil penalty if the person contravenes subsection (1). Civil penalty: 1,000 penalty units.