48Additional monitoring and investigation powers—production of permits and orders for import or export

48 Additional monitoring and investigation powers—production of permits and orders for import or export

(1) For the purposes of paragraph 44(2)(e) or 46(2)(e), the powers under Part 2 or 3 of the Regulatory Powers Act include the powers in this section if an authorised person acting under that Part has reasonable grounds for suspecting that a person (the suspected person): (a) intends to import or export hazardous waste; or (b) is importing or exporting hazardous waste; or (c) has imported or exported hazardous waste. (2) The authorised person may require the suspected person to produce, or to produce evidence of the existence and contents of: (a) a Basel permit or special permit authorising the import or export; or (b) an order under section 34, 35, 35A or 38 authorising or requiring the import or export. Complying with requirement (3) A person contravenes this subsection if: (a) the person is subject to a requirement under subsection (2); and (b) the person fails to comply with the requirement.

Note: An example of failing to comply with a requirement is refusing to comply with it.

Strict liability offence (4) A person commits an offence of strict liability if the person contravenes subsection (3).

Penalty: 30 penalty units.

Civil penalty provision (5) A person is liable to a civil penalty if the person contravenes subsection (3).

Civil penalty: 240 penalty units.