Commonwealth Consolidated Acts

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EXPORT CONTROL ACT 2020 - SECT 50

Making false or misleading representation about non - prescribed goods that are entered for export

  (1)   A person contravenes this subsection if:

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

  (b)   the goods are non - prescribed goods; and

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

  (i)   the person makes a representation (either expressly or by necessary implication) in relation to any matters that are to be stated in a government certificate in relation to the goods (for example that the goods meet an importing country requirement relating to the goods); 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 5 years or 300 penalty units, or both.

  (3)   For the purposes of subsection   (2), strict liability applies to paragraph   (1)(b).

Civil penalty provision

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

Civil penalty:   600 penalty units.



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