Conveying or possessing goods that are intended to be exported to a temporarily prohibited place etc

In force

Person intends to export goods to temporarily prohibited place

(1)

A person contravenes this subsection if:

(a)

the person conveys, or has in the person’s possession, goods; and

(b)

the person intends to export the goods to a particular place; and

(c)

the export of the goods to that place is prohibited by a temporary prohibition determination.

Note:

The physical elements of an offence against subsection (2) are set out in this subsection (see section 370).

Fault‑based offence

(2)

A person commits an offence if the person contravenes subsection (1).

Penalty: Imprisonment for 8 years or 480 penalty units, or both.

(3)

For the purposes of subsection (2), strict liability applies to paragraph (1)(c).

Civil penalty provision

(4)

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 to temporarily prohibited place

(5)

A person contravenes this subsection if:

(a)

the person conveys, or has in the person’s possession, goods; and

(b)

the person knows that the goods are intended to be exported to a particular place; and

(c)

the export of the goods to that place is prohibited by a temporary prohibition determination.

Note:

The physical elements of an offence against subsection (6) are set out in this subsection (see section 370).

Fault‑based offence

(6)

A person commits an offence if the person contravenes subsection (5).

Penalty: Imprisonment for 8 years or 480 penalty units, or both.

(7)

For the purposes of subsection (6), strict liability applies to paragraph (5)(c).

Civil penalty provision

(8)

A person is liable to a civil penalty if the person contravenes subsection (5).

Civil penalty: 960 penalty units.

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