Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person contravenes this subsection if:
(a) the person exports goods; and
(b) the goods are prescribed goods; and
(c) the person intends the goods to be imported into a particular place (whether that intention exists at the time the goods are exported or is formed after that time); and
(d) the export of the goods to that place is prohibited unless prescribed export conditions are complied with; and
(e) prescribed export conditions were not complied with; and
(f) the person intends to obtain a commercial advantage over the person's competitors, or potential competitors, as a result of exporting the goods to that place.
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).
(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), (d) and (e).
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 42(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 42(2); and
(c) the defendant has been accorded procedural fairness in relation to that finding of guilt.
(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.