Commonwealth Consolidated Acts Commonwealth Consolidated ActsExport licence that is not suspended
(1) A person contravenes this subsection if:
(a) the person is the holder of an export licence; and
(b) the licence is not suspended wholly or in part under Part 5; and
(c) a condition of the licence 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).
(a) if the person is an individual--imprisonment for 10 years or 2,000 penalty units, or both; or
(b) if the person is a body corporate--the amount under section 50A.
(3) For the purposes of subsection (2), strict liability applies to paragraph (1)(c).
(4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty:
(a) if the person is an individual--4,000 penalty units; or
(b) if the person is a body corporate--the amount under section 50A.
Export licence that is suspended
(5) A person contravenes this subsection if:
(a) the person is the holder of an export licence; and
(b) the licence is suspended wholly or in part under Part 5; and
(c) a condition of the licence is contravened; and
(d) the condition is required to be complied with during the period of the suspension.
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).
(a) if the person is an individual--imprisonment for 10 years or 2,000 penalty units, or both; or
(b) if the person is a body corporate--the amount under section 50A.
(7) For the purposes of subsection (6), strict liability applies to paragraphs (5)(c) and (d).
(8) A person is liable to a civil penalty if the person contravenes subsection (5).
Civil penalty:
(a) if the person is an individual--4,000 penalty units; or
(b) if the person is a body corporate--the amount under section 50A.