Commonwealth Consolidated Acts

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EXPORT CONTROL ACT 2020 - SECT 37

Conveying or possessing goods that are intended to be exported to a temporarily prohibited place etc.

Person intends to export goods to temporarily prohibited place

  (1)   A person contravenes this subsection if:

  (a)   the person conveys, or has in the person's possession, goods; and

  (b)   the person intends to export the goods to a particular place; and

  (c)   the export of the goods to that place is prohibited by a temporary prohibition determination.

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 8 years or 480 penalty units, or both.

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

Civil penalty provision

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

Civil penalty:   960 penalty units.

Person knows that goods are intended to be exported to temporarily prohibited place

  (5)   A person contravenes this subsection if:

  (a)   the person conveys, or has in the person's possession, goods; and

  (b)   the person knows that the goods are intended to be exported to a particular place; and

  (c)   the export of the goods to that place is prohibited by a temporary prohibition determination.

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 8 years or 480 penalty units, or both.

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

Civil penalty provision

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

Civil penalty:   960 penalty units.



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