CTHIn ForceAct
Hazardous Waste (Regulation of Exports and Imports) Act 1989
48Additional monitoring and investigation powers—production of permits and orders for import or export
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#### 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.