Commonwealth Consolidated Acts Commonwealth Consolidated ActsPerson intends to export goods
(1) A person contravenes this subsection if:
(a) the person conveys, or has in the person's possession, goods; and
(b) the person intends to export the goods; and
(c) any of the following applies:
(i) the goods are permanently prohibited goods;
(ii) the export is a permanently prohibited export;
(iii) the export of the goods is prohibited absolutely by a temporary prohibition determination.
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 paragraph (1)(c).
(4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 960 penalty units.
Person knows that goods are intended to be exported
(5) A person contravenes this subsection if:
(a) the person conveys, or has in the person's possession, goods; and
(b) the person knows that the goods are intended to be exported; and
(c) any of the following applies:
(i) the goods are permanently prohibited goods;
(ii) the export is a permanently prohibited export;
(iii) the export of the goods is prohibited absolutely by a temporary prohibition determination.
Note: The physical elements of an offence against subsection (6) are set out in this subsection (see section 370).
Fault - based offence
(6) A person commits an offence if the person contravenes subsection (5).
Penalty: Imprisonment for 8 years or 480 penalty units, or both.
(7) For the purposes of subsection (6), strict liability applies to paragraph (5)(c).
(8) A person is liable to a civil penalty if the person contravenes subsection (5).
Civil penalty: 960 penalty units.