False trade description must not be applied to prescribed goods
252 False trade description must not be applied to prescribed goods
Person must not knowingly apply a false trade description
A person contravenes this subsection if:
the person applies a trade description to goods; and
the goods are prescribed goods; and
the goods are intended to be exported; and
the trade description is a false trade description for the goods; and
the person knows that the trade description is a false trade description for the goods.
The physical elements of an offence against subsection (2) are set out in this subsection (see section 370).
Fault‑based offence
A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
For the purposes of subsection (2), strict liability applies to paragraph (1)(b).
Civil penalty provision
A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 600 penalty units.
Person must not recklessly apply a false trade description
A person contravenes this subsection if:
the person applies a trade description to goods; and
the goods are prescribed goods; and
the goods are intended to be exported; and
the trade description is a false trade description for the goods.
The physical elements of an offence against subsection (6) are set out in this subsection (see section 370).
Fault‑based offence
A person commits an offence if the person contravenes subsection (5).
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
For the purposes of subsection (6), strict liability applies to paragraph (5)(b).
Civil penalty provision
A person is liable to a civil penalty if the person contravenes subsection (5).
Civil penalty: 240 penalty units.
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