Commonwealth Consolidated Acts

EXPORT CONTROL ACT 1982 - SECT 11Q

             (1)  The Secretary may, by written notice given to a person, require the person, within a reasonable time stated in the notice, to give the Secretary any information, or produce to the Secretary any documents, referred to in the notice that relate to any prescribed goods that have been, or are proposed to be, exported.

             (2)  Without limiting subsection (1), the information or documents referred to in the notice may relate to:

                     (a)  the preparation of any prescribed goods that have been, or are proposed to be, exported; or

                     (b)  the material or ingredients of which such goods are or are proposed to be composed, or from which they are or are proposed to be derived; or

                     (c)  any animals that are proposed to be used, or have been used, in the preparation of such goods; or

                     (d)  the source of:

                              (i)  any prescribed goods of the kind mentioned in paragraph (a); or

                             (ii)  any material or ingredients of the kind mentioned in paragraph (b); or

                            (iii)  any animals of the kind mentioned in paragraph (c).

             (3)  A person must not fail to comply with a notice under subsection (1).

Penalty:  Imprisonment for 12 months.

Note:          Subsection 4B(2) of the Crimes Act 1914 allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of the offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.

             (4)  A person is not excused from giving information or producing a document under subsection (1) on the ground that the information or the production of the document, as the case may be, might tend to incriminate the person or make the person liable to a penalty.

             (5)  However, if the information is given or the document is produced by an individual, the information or the production of the document, and any information or thing (including any document) obtained as a direct or indirect result of the giving of the information or the production of the document, as the case may be, is not admissible in evidence against the individual in proceedings other than proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to the information or document.