Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

EXPORT CONTROL ACT 2020 - SECT 41

Conveying or possessing prescribed goods that are intended to be exported in contravention of conditions etc.

Person intends to export goods in contravention of conditions

  (1)   A person contravenes this subsection if:

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

  (e)   the export of the goods would contravene the prescribed export conditions.

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.

Civil penalty provision

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

Civil penalty:   960 penalty units.

Goods are intended to be exported in contravention of conditions

  (4)   A person contravenes this subsection if:

  (a)   the person conveys, or has in the person's possession, 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)   the person knows that the goods are intended to be exported; and

  (e)   the export of the goods would contravene the prescribed export conditions.

Note:   The physical elements of an offence against subsection   (5) are set out in this subsection   (see section   370).

Fault - based offence

  (5)   A person commits an offence if the person contravenes subsection   (4).

Penalty:   Imprisonment for 8 years or 480 penalty units, or both.

Civil penalty provision

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

Civil penalty:   960 penalty units.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback