Commonwealth Consolidated Acts

EXPORT CONTROL ACT 2020 - SECT 47

  (1)   A person contravenes this subsection if:

  (a)   the person is:

  (i)   the occupier of a registered establishment; or

  (ii)   the manager of an accredited property; or

  (iii)   the occupier of premises other than a registered establishment or an accredited property; and

  (b)   goods are produced or prepared at the registered establishment, accredited property or other premises; and

  (c)   the goods are prescribed goods; and

  (d)   the goods are exported to a particular place after being produced or prepared at the registered establishment, accredited property or other premises (with or without further preparation); and

  (e)   the export of the goods to that place is prohibited unless prescribed export conditions are complied with; and

  (f)   one or more of the prescribed export conditions applies in relation to:

  (i)   the person; or

  (ii)   the registered establishment, accredited property or other premises; or

  (iii)   the production or preparation of the goods at the registered establishment, accredited property or other premises; and

  (g)   one or more of those prescribed export conditions is contravened.

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 paragraphs   (1)(c), (e), (f) and (g).

Strict liability offence

  (4)   A person commits an offence of strict liability if the person contravenes subsection   (1).

Penalty:   60 penalty units.

Civil penalty provision

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

Civil penalty:   960 penalty units.