Commonwealth Consolidated Acts

EXPORT CONTROL ACT 1982 - SECT 8B

Export to any place

             (1)  A person commits an offence if:

                     (a)  the person, either alone or in conjunction with another person, is the occupier of an establishment; and

                     (b)  goods are prepared at the establishment; and

                     (c)  the goods are prescribed goods; and

                     (d)  the goods are exported after preparation (with or without further preparation); and

                     (e)  regulations made for the purposes of subsection 7(1) prohibit the export of the goods unless specified conditions or restrictions are complied with; and

                      (f)  one of those conditions or restrictions applies in relation to the occupier, the establishment or the preparation of the goods at the establishment; and

                     (g)  the condition or restriction is not complied with.

Penalty:  60 penalty units.

Export to a particular place

             (2)  A person commits an offence if:

                     (a)  the person, either alone or in conjunction with another person, is the occupier of an establishment; and

                     (b)  goods are prepared at the establishment; and

                     (c)  the goods are prescribed goods; and

                     (d)  the goods are exported to a particular place after preparation (with or without further preparation); and

                     (e)  regulations made for the purposes of subsection 7(1) prohibit the export of the goods to that place unless specified conditions or restrictions are complied with; and

                      (f)  one of those conditions or restrictions applies in relation to the occupier, the establishment or the preparation of the goods at the establishment; and

                     (g)  the condition or restriction is not complied with.

Penalty:  60 penalty units.

Note:          See section 9.4 of the Criminal Code in relation to paragraphs (1)(c), (e) and (f) and (2)(c), (e) and (f).

             (3)  Strict liability applies:

                     (a)  in paragraphs (1)(a) and 2(a) to the physical element of the circumstance that the person, either alone or in conjunction with another person, is the occupier of an establishment; and

                     (b)  in paragraphs (1)(b) and 2(b) to the physical element of the conduct of preparing prescribed goods at the establishment; and

                     (c)  in paragraphs (1)(g) and (2)(g) to the physical element of the circumstance that the condition or restriction is not complied with.

Note:          For strict liability, see section 6.1 of the Criminal Code .

             (4)  In this section:

"occupier" means:

                     (a)  in relation to a registered establishment--an individual, corporation or other legal entity (or any combination of these) in whose name the registered establishment is registered; and

                     (b)  in relation to an unregistered establishment--the individual, corporation or other legal entity (or any combination of these) who:

                              (i)  is the operator of a business preparing prescribed goods at the establishment; or

                             (ii)  if that person cannot be ascertained--is the person in charge of the operations for the preparation of prescribed goods at the establishment.