Commonwealth Consolidated Acts Commonwealth Consolidated ActsUnlicensed export of a scheduled substance
(1) A person contravenes this subsection if:
(a) the person exports a substance; and
(b) the substance is a scheduled substance; and
(c) the person does not hold a licence that allows the export.
Note 1: See section 13A for the activities allowed by each type of licence.
Note 2: While suspended, a licence does not allow the licensee to carry out any activity that the licence would otherwise allow: see subsection 19D(4).
(2) Subsection (1) does not apply to a person exporting a substance if:
(a) the substance is an HCFC and the substance is exported in accordance with a direction given to the person by the Minister under section 35A; or
(b) the substance is an HFC and the substance is exported in accordance with a direction given to the person by the Minister under section 36H; or
(c) the substance is an SGG (other than an SGG that is a used substance) and the substance is exported in circumstances, or for a purpose, prescribed by the regulations for the purposes of this paragraph.
Any regulations made for the purposes of paragraph (c) must be consistent with Australia's international obligations.
Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection. See subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.
Unlicensed export of equipment containing a scheduled substance
(3) A person contravenes this subsection if:
(a) the person exports equipment; and
(b) the equipment contains a substance; and
(c) the substance is a scheduled substance; and
(d) the equipment or the substance (or both) is prescribed by the regulations for the purposes of this paragraph; and
(e) the person does not hold a licence that allows the export.
Note 1: See section 13A for the activities allowed by each type of licence.
Note 2: While suspended, a licence does not allow the licensee to carry out any activity that the licence would otherwise allow: see subsection 19D(4).
(4) Subsection (3) does not apply to a person exporting equipment:
(a) of a kind prescribed by the regulations for the purposes of this paragraph; or
(b) in circumstances, or for a purpose, prescribed by the regulations for the purposes of this paragraph.
Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection. See subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.
Unlicensed export of equipment that uses a scheduled substance in its operation
(5) A person contravenes this subsection if:
(a) the person exports equipment; and
(b) the equipment uses a substance in its operation; and
(c) the substance is a scheduled substance; and
(d) the equipment or the substance (or both) is prescribed by the regulations for the purposes of this paragraph; and
(e) the person does not hold a licence that allows the export.
Note 1: See section 13A for the activities allowed by each type of licence.
Note 2: While suspended, a licence does not allow the licensee to carry out any activity that the licence would otherwise allow: see subsection 19D(4).
(6) Subsection (5) does not apply to a person exporting equipment:
(a) of a kind prescribed by the regulations for the purposes of this paragraph; or
(b) in circumstances, or for a purpose, prescribed by the regulations for the purposes of this paragraph.
Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection. See subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.