Commonwealth Consolidated Acts

EXPORT CONTROL ACT 2020 - SECT 163

  (1)   The holder of an approved arrangement contravenes this subsection if:

  (a)   a variation of the approved arrangement, or of the conditions of the approved arrangement, referred to in subsection   161(1) is implemented; and

  (b)   either:

  (i)   the variation has not been approved under paragraph   161(2)(a) or 161(2)(ab); or

  (ii)   the variation has been approved under paragraph   161(2)(a) or 161(2)(ab) but the Secretary has not given the holder notice of the approval under section   162.

Note 1:   The physical elements of an offence against subsection   (2) are set out in this subsection   (see section   370).

Note 2:   The Secretary may suspend or revoke the approved arrangement if the holder contravenes this subsection   (see paragraphs 171(1)(k) and 179(1)(k)).

Fault - based offence

  (2)   The holder of an approved arrangement commits an offence if the holder contravenes subsection   (1).

Penalty:   Imprisonment for 2 years or 120 penalty units, or both.

Civil penalty provision

  (3)   The holder of an approved arrangement is liable to a civil penalty if the holder contravenes subsection   (1).

Civil penalty:   240 penalty units.