61Defences

#### 61 Defences 61 Defences (cf clause 39 of 2005 Reg) > > (1) It is a defence in any proceedings for an offence against any provision of this Part if the defendant establishes that, although the waste concerned was of a type described in Part 1 or 2 of Schedule 1, it did not exhibit any of the characteristics specified in Part 3 of that Schedule. > > > (2) It is a defence in any proceedings for an offence against any provision of this Part relating to the transportation of waste if the defendant establishes that— > > > > > (a) the waste was being transported through New South Wales to a participating State, and > > > > > (b) the waste was not loaded or unloaded in New South Wales, and > > > > > (c) the person complied with the laws of the place from which the waste was transported and the place to which the waste was being transported.