Export Control Act 2020

The Secretary may, by notice in writing given to a person, require the person, within a reasonable time stated in the notice, to give the Secretary any information, or produce to the Secretary any documents, specified in the notice that relate to:

any prescribed goods that have been, or are intended to be, exported; or

any permanently prohibited goods that have been exported, or any goods in relation to which a temporary prohibition determination applied that have been exported (whether the goods were exported before or after the temporary prohibition determination took effect); or

any non‑prescribed goods in relation to which:

an application for a government certificate or a tariff rate quota certificate has been made; or

a government certificate or a tariff rate quota certificate has been issued.

Without limiting subsection (1), the information or documents specified in the notice may relate to any of the following:

the export operations of the person or another person;

any live animal that has been, or is intended to be, exported;

the preparation of any goods referred to in subsection (1);

the material or ingredients:

of which goods referred to in subsection (1) are, or are intended to be, composed; or

from which such goods are, or are intended to be, derived;

any animals that are intended to be, or that have been, used in the preparation of goods referred to in subsection (1);

the source of:

any goods referred to in subsection (1); or

any material or ingredients referred to in paragraph (d) of this subsection; or

any animals referred to in paragraph (e) of this subsection.

A notice may be given under subsection (1), requiring information or documents that relate to non‑prescribed goods, before or after the goods have been exported and whether or not the goods have been accepted or rejected by the importing country.

A person contravenes this subsection if:

the person is required to give the Secretary information, or produce to the Secretary documents, in accordance with a notice given to the person under subsection (1); and

the person fails to comply with the requirement.

The physical elements of an offence against subsection (5) are set out in this subsection (see section 370).

A person may commit an offence or be liable to a civil penalty if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and sections 368 and 369 of this Act).

This subsection is not subject to the privilege against self‑incrimination (see section 426).

A person commits an offence if the person contravenes subsection (4).

A person is liable to a civil penalty if the person contravenes subsection (4).