Conveying or possessing goods that are subject to prohibition on export and are intended to be exported etc
33 Conveying or possessing goods that are subject to prohibition on export and are intended to be exported etc
Person intends to export goods
A person contravenes this subsection if:
the person conveys, or has in the person’s possession, goods; and
the person intends to export the 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.
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 8 years or 480 penalty units, or both.
For the purposes of subsection (2), strict liability applies to paragraph (1)(c).
Civil penalty provision
A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 960 penalty units.
Person knows that goods are intended to be exported
A person contravenes this subsection if:
the person conveys, or has in the person’s possession, goods; and
the person knows that the goods are intended to be exported; 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.
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 8 years or 480 penalty units, or both.
For the purposes of subsection (6), strict liability applies to paragraph (5)(c).
Civil penalty provision
A person is liable to a civil penalty if the person contravenes subsection (5).
Civil penalty: 960 penalty units.
This Act’s bill:Explanatory memorandumSecond reading speech
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