Commonwealth Consolidated Acts

EXPORT CONTROL ACT 2020 - SECT 252

Person must not knowingly apply a false trade description

  (1)   A person contravenes this subsection if:

  (a)   the person applies a trade description to goods; and

  (b)   the goods are prescribed goods; and

  (c)   the goods are intended to be exported; and

  (d)   the trade description is a false trade description for the goods; and

  (e)   the person knows that the trade description is a false trade description for the goods.

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 5 years or 300 penalty units, or both.

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

Civil penalty provision

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

Civil penalty:   600 penalty units.

Person must not recklessly apply a false trade description

  (5)   A person contravenes this subsection if:

  (a)   the person applies a trade description to goods; and

  (b)   the goods are prescribed goods; and

  (c)   the goods are intended to be exported; and

  (d)   the trade description is a false trade description for the goods.

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 2 years or 120 penalty units, or both.

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

Civil penalty provision

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

Civil penalty:   240 penalty units.