Commonwealth Consolidated Acts

EXPORT CONTROL ACT 2020 - SECT 31

  (1)   A person contravenes this subsection if:

  (a)   the person exports goods; and

  (b)   any of the following applies:

  (i)   the goods are permanently prohibited goods;

  (ii)   the export is a permanently prohibited export;

  (iii)   the export of the goods is prohibited absolutely by a temporary prohibition determination; and

  (c)   the person intends to obtain a commercial advantage over the person's competitors, or potential competitors, as a result of exporting 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:

  (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)(b).

Alternative verdict

  (4)   In a trial for an offence against subsection   (2), the trier of fact may find the defendant not guilty of that offence, but guilty of an offence against subsection   30(2), if:

  (a)   the trier of fact is not satisfied that the defendant is guilty of the offence against subsection   (2) of this section; and

  (b)   the trier of fact is satisfied that the defendant is guilty of the offence against subsection   30(2); and

  (c)   the defendant has been accorded procedural fairness in relation to that finding of guilt.

Civil penalty provision

  (5)   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.