Australian Capital Territory Numbered Acts

WASTE MANAGEMENT AND RESOURCE RECOVERY ACT 2016 (NO. 51 OF 2016) - SECT 61

    (1)     A person commits an offence if—

        (a)     an approved code of practice applies to the person; and

        (b)     the person engages in conduct; and

        (c)     the conduct results in a failure to comply with a requirement of the approved code of practice; and

        (d)     the person is reckless about whether the conduct complies with the approved code of practice.

Maximum penalty: 100 penalty units.

    (2)     A person commits an offence if—

        (a)     an approved code of practice applies to the person; and

        (b)     the person fails to comply with a requirement of the approved code of practice.

Maximum penalty: 50 penalty units.

    (3)     An offence against subsection (2) is a strict liability offence.

    (4)     Subsections (1) and (2) do not apply if—

        (a)     a written direction has been given to the person under section 62 in relation to the requirement; and

        (b)     the person has complied with the direction.

Note     The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code

, s 58).