43 Power to require information
(1) The Authority may, by notice in writing served on any person, being:(a) the occupier of any premises in or upon which any prescribed activity is carried on in relation to a chemical or any chemical waste is created, kept, treated or disposed of, or(b) the owner of any plant, vehicle or vessel used for the carrying on of any prescribed activity in relation to a chemical or for the creation, keeping, conveyance, treatment or disposal of any chemical waste or any person in whose care, custody or control any such plant, vehicle or vessel is for the time being,require that person to furnish, in such manner as is specified in the notice, to the Authority within 14 days or such longer period as is specified in the notice, such information:(c) relating to any aspect of any such prescribed activity in relation to the chemical or, as the case may be, of any such creation, keeping, conveyance, treatment or disposal of a chemical waste, or(d) relating to any such plant, vehicle or vessel,as it requires by the notice.(2) A person shall not, without reasonable excuse, neglect or refuse to comply with any requirement made under subsection (1).Maximum penalty: 50 penalty units.
(3) Any statement made to the Authority pursuant to a requirement made under subsection (1) shall not be admissible in evidence in any proceedings against any natural person for any offence, not being the offence of neglecting or refusing to comply with any requirement made under that subsection.
(1) Except as provided by section 319 (3)–(5) of the Protection of the Environment Operations Act 1997, a person is guilty of an offence against this Act if the person discloses any information relating to any manufacturing or other industrial or commercial secrets or working processes and obtained in connection with the administration or execution of this Act or the regulations, unless the disclosure of information is:(a) made, otherwise than in contravention of subsection (4), in connection with the administration or execution of this Act or the regulations,(b) made with the prior permission of the Minister,(c) ordered by a court, or by any other body or person authorised by law to examine witnesses, in the course of, and for the purpose of, the hearing and determination by that court, body or person of any matter or thing, or(d) in accordance with a requirement imposed under the Ombudsman Act 1974.(2) The Minister may grant the permission referred to in subsection (1) (b) only if the Minister is satisfied that to do so would be in the public interest.(3) (Repealed)(4) Except as provided by section 319 (3)–(5) of the Protection of the Environment Operations Act 1997, where an application under Division 3 of Part 3 for an assessment of a chemical or a prescribed activity contains a request of the kind referred to in section 12 (4) or 13 (3), in any publication, whether in writing or not, purporting to be made for the purposes of the administration or execution of this Act or the regulations:(a) any description of the chemical or of the manner in which it is proposed to carry on the prescribed activity, as the case may be, shall be in such terms, and(b) any data of the kind prescribed for the purposes of section 12 (4) or 13 (3), as the case may be, shall be limited to such particulars,as may be agreed between the applicant and the Authority, having regard to:(c) the applicant’s desire for confidentiality,(d) the purpose of this Act, and(e) the public interest,or, in default of any such agreement, in such terms or with such limitations as may be settled by the Court on the application of the Authority and having regard to the like matters.
45 Powers of authorised officers
(1) Subject to subsection (2), an authorised officer may enter:(a) any premises used as a factory or any premises in or upon which an industry or trade is being carried on, at any time during which any manufacturing, industrial or trade process is being carried on in or upon the premises,(b) any premises in or upon which the authorised officer reasonably suspects that an offence against this Act or the regulations is being or is likely to be committed, at any time, and(c) any other premises, at any reasonable time,with such assistants as the authorised officer considers necessary and if need be by the use of reasonable force, and may therein:(d) examine any equipment or any plant or vehicles,(e) make such examination and inquiry and such tests as the authorised officer considers necessary to ascertain whether the provisions of this Act or the regulations or of any requirement, direction, order or notice made or given under or pursuant to this Act or the conditions in force and attached to any licence or exemption under this Act are being or have been complied with,(f) take such photographs as the authorised officer considers necessary in connection with the administration of this Act,(g) subject to subsection (3), take without payment, for the purpose of examination or testing, samples of any substance that the authorised officer suspects on reasonable grounds to be an environmentally hazardous chemical or a declared chemical waste in respect of which an offence against this Act or the regulations has been or is being committed and, in exercising the power conferred by this paragraph, open any container or cause any container to be opened,(h) subject to subsection (3), seize and remove any substance that the authorised officer suspects on reasonable grounds to be an environmentally hazardous chemical or a declared chemical waste in respect of which an offence against this Act or the regulations has been or is being committed and any container in which the substance is being kept or conveyed,(i) take without payment, for the purpose of examination or testing, samples of any soil, water, vegetation or other thing from the premises, where the authorised officer suspects on reasonable grounds that the premises have become contaminated, within the meaning of Part 5, by being used for or in connection with the carrying on of any prescribed activity in relation to a chemical or a declared chemical waste,(j) stop or detain a vehicle for such time as is reasonably necessary for the authorised officer to exercise any power conferred by this subsection,(k) for the purposes of paragraph (h), direct the occupier of any place where the substance is seized, or the owner of the substance, to retain it in that place, or in a place under the control of the occupier or owner that will, in the opinion of the authorised officer, least endanger the environment, and(l) give directions for or with respect to the detention of any substance or container that has been removed under paragraph (h).(2) Subsection (1) does not empower an authorised officer to enter any dwelling or any land used in connection with any dwelling or to do anything within any dwelling or in or on any such land otherwise than under the authority of a search warrant issued under section 46.(2A) An authorised officer who suspects on reasonable grounds that an environmentally hazardous chemical or a declared chemical waste is being conveyed by or is situated in a container being conveyed by a motor vehicle in a public place may:(a) if the vehicle is moving, direct that it be stopped,(b) take without payment, for the purpose of examination or testing, samples of any substance being so conveyed,(c) detain the vehicle for such time as is necessary to take the samples,(d) if the authorised officer suspects on reasonable grounds that the substance and any vehicle or container being used to convey it has been or is being used in connection with an offence against this Act or the regulations, seize and remove the substance and the vehicle or container,(e) for the purposes of paragraph (d), direct the occupier of any place where the substance is seized, or the owner of the substance, to retain it in that place, or in a place under the control of the occupier or owner that will, in the opinion of the officer, least endanger the environment, and(f) give directions for or with respect to the detention of any substance, vehicle or container that has been removed under paragraph (d).(3) An authorised officer is not empowered:(a) under subsection (1) (g) or (2A) (b)—to take a sample of any substance, or(b) under subsection (1) (h) or (2A) (d)—to remove any substance or container,that appears to the authorised officer to be in the custody of a person unless the authorised officer makes out and tenders to the person a receipt in or to the effect of the prescribed form.(4) An authorised officer may require a person whom the authorised officer suspects on reasonable grounds to be offending against this Act or the regulations to state the person’s full name and place of abode.(5) Every authorised officer shall be provided with a certificate of appointment and, on applying for admission to any premises which the officer is empowered by this Act to enter, shall, if requested to do so, produce the certificate to the occupier of the premises.(6) The Authority may, by notice in writing served on the occupier of any premises, require the occupier to provide such assistance and facilities as are specified in the notice within such time and in such manner as are specified in the notice, for the purpose of enabling an authorised officer to exercise the functions of an authorised officer under this Act.(7) Any person:(a) who wilfully delays or obstructs an authorised officer, or fails to comply with any requirement made under this section by an authorised officer, when exercising the powers of an authorised officer under this Act,(b) who, in purported compliance with a requirement made under subsection (4), states a name that is not his or her name or a place of abode that is not his or her place of abode, or(c) who, being the occupier of any premises:is guilty of an offence against this Act and liable to a penalty not exceeding 50 penalty units.(i) refuses to permit or to assist an authorised officer to perform or carry out the acts, matters or things, or any of the acts, matters or things, which an authorised officer is authorised to perform or carry out, or(ii) refuses to comply with a requirement made under subsection (6),
(1) (Repealed)(2) An authorised officer under this Act may apply to an issuing officer for a search warrant if the authorised officer has reasonable grounds for believing that a provision of this Act, the regulations or a chemical control order has been or is being contravened in or on any dwelling or land used in connection with any dwelling.(3) An issuing officer to whom an application is made under subsection (2) may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising an authorised officer named in the warrant, when accompanied by a member of the police force:(a) to enter the dwelling or land and therein to exercise the powers specified in section 45 (1), and(b) to search the dwelling and land for evidence of a contravention of this Act, the regulations or a chemical control order.(4) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.(5) In this section:issuing officer means an authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002.
(1) Where a person is convicted of an offence against this Act or the regulations, the court may order forfeiture to the Crown of:(a) all or any part of the chemical or chemical waste in respect of which the offence was committed, or(b) any container of that chemical or waste,if the court finds it to be the property of the person so convicted and, upon the making of the order, the chemical, waste or container becomes the property of the Crown.(2) Subject to section 48, on application made by or on behalf of the Minister in the prescribed manner, the Local Court may order forfeiture to the Crown of any substance or container that has been seized by an authorised officer under section 45 (1) (h) and, upon the making of the order, the substance or container becomes the property of the Crown.
48 Retention and disposal of seized property
(1) In this section, prescribed period, in relation to any substance or container seized under section 45 (1) (h), means the period of 6 months commencing from the time of seizure of the substance or container or any other period fixed by the Local Court in relation to the substance or container upon application made by or on behalf of the Minister in the prescribed manner.(2) During the prescribed period any substance or container seized under section 45 (1) (h):(a) may be retained, or(b) unless during the period the substance or container has been forfeited to the Crown under section 47, may be returned to the person from whom it was seized.(3) A substance or container seized under section 45 (1) (h) shall, at the expiration of the prescribed period, be returned to the person from whom it was seized, or to the person who appears to the Authority to be its owner, unless:(a) it was, during that period, forfeited to the Crown under section 47, or(b) the Authority causes a notice to be advertised in the prescribed manner before the expiration of the prescribed period to the effect that application will be made on a specified day for forfeiture to the Crown of the substance or container.(4) Where a notice is advertised under subsection (3), the substance or container to which the advertisement relates shall, forthwith after the application referred to in the advertisement has been withdrawn or determined, be returned to the person from whom it was seized, or to the person who appears to the Authority to be the owner, unless the substance or container has been forfeited to the Crown.
49 Disposal of forfeited property
(1) Any substance or container forfeited to the Crown shall be disposed of as the Minister directs.(2) Where any substance or container is disposed of under subsection (1) by way of sale, the proceeds shall be paid into the Treasury and be carried to the Consolidated Fund.
(1) Any notice or other instrument issued, made or given for the purposes of this Act may be served:(a) by delivering it personally to the person to whom it is addressed,(b) by delivering it to the place of abode or business of the person to whom it is addressed and by leaving it there with some person apparently of or above the age of 16 years for the person to whom it is addressed, or(c) by post.(2) Any such notice or instrument addressed to a licensee at the place last entered in the records of the Authority as the licensee’s place of abode or business shall be deemed to be properly addressed for the purpose of section 76 of the Interpretation Act 1987.
(1) The Authority shall cause to be kept and maintained:(a) a register of substances that are for the time being declared chemical wastes,(b) a register of chemical control orders for the time being in force, and(c) a register of licences.(2) A register kept under this section shall contain such other particulars, if any, as may be prescribed.(3) The Authority shall:(a) make any such register, or a true copy thereof, available for inspection by the public at its office during office hours, and(b) furnish any person, upon payment of the prescribed fee, with such extracts from the register or other information concerning the contents of the register as the person may reasonably require.
53 Liability of directors etc for offences by corporation—offences attracting executive liability
(1) For the purposes of this section, an executive liability offence is an offence against any of the following provisions of this Act that is committed by a corporation:(a) section 26,(b) section 32 (2).(2) A person commits an offence against this section if:(a) a corporation commits an executive liability offence, and(b) the person is:(i) a director of the corporation, or(ii) an individual who is involved in the management of the corporation and who is in a position to influence the conduct of the corporation in relation to the commission of the executive liability offence, and(c) the person:(i) knows or ought reasonably to know that the executive liability offence (or an offence of the same type) would be or is being committed, and(ii) fails to take all reasonable steps to prevent or stop the commission of that offence.Maximum penalty: The maximum penalty for the executive liability offence if committed by an individual.
(3) The prosecution bears the legal burden of proving the elements of the offence against this section.(4) The offence against this section can only be prosecuted by a person who can bring a prosecution for the executive liability offence.(5) This section does not affect the liability of the corporation for the executive liability offence, and applies whether or not the corporation is prosecuted for, or convicted of, the executive liability offence.(6) This section does not affect the application of any other law relating to the criminal liability of any persons (whether or not directors or other managers of the corporation) who are accessories to the commission of the executive liability offence or are otherwise concerned in, or party to, the commission of the executive liability offence.(7) In this section:director has the same meaning it has in the Corporations Act 2001 of the Commonwealth.
reasonable steps, in relation to the commission of an executive liability offence, includes, but is not limited to, such action (if any) of the following kinds as is reasonable in all the circumstances:
(a) action towards:(i) assessing the corporation’s compliance with the provision creating the executive liability offence, and(ii) ensuring that the corporation arranged regular professional assessments of its compliance with the provision,(b) action towards ensuring that the corporation’s employees, agents and contractors are provided with information, training, instruction and supervision appropriate to them to enable them to comply with the provision creating the executive liability offence so far as the provision is relevant to them,(c) action towards ensuring that:(i) the plant, equipment and other resources, and(ii) the structures, work systems and other processes,relevant to compliance with the provision creating the executive liability offence are appropriate in all the circumstances,(d) action towards creating and maintaining a corporate culture that does not direct, encourage, tolerate or lead to non-compliance with the provision creating the executive liability offence.
53A Liability of directors etc for offences by corporation—accessory to the commission of the offences
(1) For the purposes of this section, a corporate offence is an offence against this Act or the regulations that is capable of being committed by a corporation, whether or not it is an executive liability offence referred to in section 53.(2) A person commits an offence against this section if:(a) a corporation commits a corporate offence, and(b) the person is:(i) a director of the corporation, or(ii) an individual who is involved in the management of the corporation and who is in a position to influence the conduct of the corporation in relation to the commission of the corporate offence, and(c) the person:(i) aids, abets, counsels or procures the commission of the corporate offence, or(ii) induces, whether by threats or promises or otherwise, the commission of the corporate offence, or(iii) conspires with others to effect the commission of the corporate offence, or(iv) is in any other way, whether by act or omission, knowingly concerned in, or party to, the commission of the corporate offence.Maximum penalty: The maximum penalty for the corporate offence if committed by an individual.
(3) The prosecution bears the legal burden of proving the elements of the offence against this section.(4) The offence against this section can only be prosecuted by a person who can bring a prosecution for the corporate offence.(5) This section does not affect the liability of the corporation for the corporate offence, and applies whether or not the corporation is prosecuted for, or convicted of, the corporate offence.(6) This section does not affect the application of any other law relating to the criminal liability of any persons (whether or not directors or other managers of the corporation) who are concerned in, or party to, the commission of the corporate offence.
Except as may be otherwise provided by this Act, any person guilty of an offence against this Act shall be liable:(a) where the offence was committed by a corporation—to a penalty not exceeding 1,250 penalty units, or(b) where the offence was committed by any other person—to a penalty not exceeding 600 penalty units.
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.(2) Without affecting the generality of subsection (1), a regulation may:(a) require the payment of fees in connection with applications, licences and renewals of licences and any service provided by the Authority under this Act or the regulations,(b) require persons of any specified class or description who are notified in the prescribed manner to furnish, as prescribed, information of a kind specified in the notification, being information concerning a chemical or any chemical waste so specified or any particular activity carried on in relation thereto or any plant, vehicle or vessel used in connection with the carrying on of any such activity,(c) make provision for or with respect to the calling of, and the conduct of business at, meetings of the Committee,(d) exempt persons, or persons of a prescribed class, either absolutely or subject to conditions or in prescribed circumstances or for prescribed periods of time, from any provision of this Act or the regulations or of any order made under this Act, and(e) impose a penalty not exceeding 200 penalty units for any contravention of a regulation.(3) A regulation may:(a) apply differently according to such factors as are specified in the regulations,(b) authorise any matter or thing to be from time to time determined, applied or regulated by a specified person or body.(c) (Repealed)
59 Liability of certain persons
No matter or thing done by:(a) the Authority,(b) any person acting under the direction of the Authority, or(c) any member of the Committee or any sub-committee appointed under this Act,shall, if the matter or thing was done bona fide for the purpose of executing this Act, subject any member of the Authority or any person so acting or any such committee or sub-committee member personally to any action, liability, claim or demand whatever.