Commonwealth Consolidated Acts

EXPORT CONTROL ACT 2020 - SECT 106

Accreditation that is not suspended

  (1)   A person contravenes this subsection if:

  (a)   the person is the manager of an accredited property; and

  (b)   the accreditation of the property is not suspended wholly or in part under Part   5; and

  (c)   the accreditation covers a kind of prescribed goods (the relevant goods ) that may be exported:

  (i)   generally; or

  (ii)   to one or more places; and

  (d)   the relevant goods are:

  (i)   in the case of an accreditation referred to in subparagraph   (c)(i)--exported to any place; or

  (ii)   in the case of an accreditation referred to in subparagraph   (c)(ii)--exported to a place covered by the accreditation; and

  (e)   a condition of the accreditation relating to the relevant goods, or to export operations carried out in relation to the relevant goods, is contravened.

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 2 years or 120 penalty units, or both.

Civil penalty provision

  (3)   A person is liable to a civil penalty if the person contravenes subsection   (1).

Civil penalty:   240 penalty units.

Accreditation that is suspended

  (4)   A person contravenes this subsection if:

  (a)   the person is the manager of an accredited property; and

  (b)   the accreditation of the property is suspended wholly or in part under Part   5; and

  (c)   the accreditation covers a kind of prescribed goods (the relevant goods ) that may be exported:

  (i)   generally; or

  (ii)   to one or more places; and

  (d)   the relevant goods are:

  (i)   in the case of an accreditation referred to in subparagraph   (c)(i)--exported to any place; or

  (ii)   in the case of an accreditation referred to in subparagraph   (c)(ii)--exported to a place covered by the accreditation; and

  (e)   a condition of the accreditation relating to the relevant goods, or to export operations carried out in relation to the relevant goods, is contravened; and

  (f)   the condition is required to be complied with during the period of the suspension.

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

Fault - based offence

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

Penalty:   Imprisonment for 2 years or 120 penalty units, or both.

Civil penalty provision

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

Civil penalty:   240 penalty units.