Making false or misleading representation about non‑prescribed goods that are entered for export
50 Making false or misleading representation about non‑prescribed goods that are entered for export
A person contravenes this subsection if:
goods are entered for export by the person; and
the goods are non‑prescribed goods; and
at the time the goods are entered for export:
the person makes a representation (either expressly or by necessary implication) in relation to any matters that are to be stated in a government certificate in relation to the goods (for example that the goods meet an importing country requirement relating to the goods); and
the person does so knowing that the representation is false or misleading.
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.
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