Commonwealth Consolidated Acts

EXPORT CONTROL ACT 2020 - SECT 40

  (1)   A person contravenes this subsection if:

  (a)   the person exports goods; and

  (b)   the goods are prescribed goods; and

  (c)   the export of the goods is prohibited unless prescribed export conditions are complied with; and

  (d)   prescribed export conditions were not complied with; and

  (e)   the export of the goods causes, or has the potential to cause, economic consequences for Australia.

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 paragraphs   (1)(b), (c) and (d).

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   38(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   38(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.