Commonwealth Consolidated Acts

EXPORT CONTROL ACT 2020 - SECT 49

  (1)   A person contravenes this subsection if:

  (a)   goods are entered for export by the person; and

  (b)   the goods are prescribed goods; and

  (c)   the goods are to be exported to a particular place; and

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

  (e)   at the time the goods are entered for export:

  (i)   the person represents (either expressly or by necessary implication) that the prescribed export conditions applicable, at or before that time, in relation to the export of goods to that place have been complied with; and

  (ii)   the person does so knowing that the representation is false or misleading.

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)(b) and (d).

Civil penalty provision

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

Civil penalty:   960 penalty units.