Commonwealth Consolidated Acts

EXPORT CONTROL ACT 2020 - SECT 417

  (1)   This section applies to a person if:

  (a)   the Secretary or an authorised officer directs or requests the person to do a thing in relation to goods for the purposes of this Act; and

  (b)   the person is not:

  (i)   the owner of the goods; or

  (ii)   a person (other than an authorised officer) who is in possession or control of the goods.

Civil penalty provision

  (2)   The person is liable to a civil penalty if:

  (a)   in complying with the direction or request, the person engages in conduct that causes the goods to be damaged or destroyed; and

  (b)   either:

  (i)   the person did not act in good faith in engaging in that conduct; or

  (ii)   the damage or destruction was not a reasonable or necessary result of complying with the direction or request.

Civil penalty:   120 penalty units.