Page:Hazardous Waste (Control of Export, Import and Transit) Act 1997.pdf/31

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HAZARDOUS WASTE (CONTROL OF EXPORT, IMPORT AND TRANSIT)
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(b) the Director or the authorised officer may keep the evidence pending an order of court in regard to the disposal thereof made under this Act, or, if a prosecution for an offence under this Act in the commission of which the evidence may have been used or otherwise involved is instituted within that period, until the completion of the proceedings for the offence and of any appeal from the decision in relation to the proceedings;
(c) if the evidence is a book, record or document, while the Director or the authorised officer has possession of the book, record or document, the Director or the authorised officer shall allow the book, record or document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the possession of the Director or the authorised officer.

(3) A person who refuses or fails, without reasonable excuse, to comply with a requirement made under subsection (1)(d) or (g) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(4) It is a reasonable excuse for a person to refuse or fail to answer a question or produce a document if answering the question, or producing the document, might tend to incriminate the person.

Production of Basel permits or special permits and orders

33.—(1) This section shall apply if the Director or an authorised officer has reasonable grounds for suspecting that a person (referred to in this section as the suspected person)—

(a) intends to import or export hazardous or other waste;
(b) is importing or exporting hazardous or other waste; or
(c) has imported or exported hazardous or other waste.

(2) The Director or an authorised officer may require the suspected person to produce, or to produce evidence of the existence and contents of—