Exporting goods that are subject to prohibition on export—intention to obtain commercial advantage
31 Exporting goods that are subject to prohibition on export—intention to obtain commercial advantage
A person contravenes this subsection if:
the person exports goods; and
any of the following applies:
the goods are permanently prohibited goods;
the export is a permanently prohibited export;
the export of the goods is prohibited absolutely by a temporary prohibition determination; and
the person intends to obtain a commercial advantage over the person’s competitors, or potential competitors, as a result of exporting 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:
if the person is an individual—imprisonment for 10 years or 2,000 penalty units, or both; or
if the person is a body corporate—the amount under section 50A.
For the purposes of subsection (2), strict liability applies to paragraph (1)(b).
Alternative verdict
In a trial for an offence against subsection (2), the trier of fact may find the defendant not guilty of that offence, but guilty of an offence against subsection 30(2), if:
the trier of fact is not satisfied that the defendant is guilty of the offence against subsection (2) of this section; and
the trier of fact is satisfied that the defendant is guilty of the offence against subsection 30(2); and
the defendant has been accorded procedural fairness in relation to that finding of guilt.
Civil penalty provision
A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty:
if the person is an individual—4,000 penalty units; or
if the person is a body corporate—the amount under section 50A.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.