Commonwealth Consolidated Acts

EXPORT CONTROL ACT 1982 - SECT 8

             (1)  Where under the regulations the export of prescribed goods is prohibited absolutely, a person who:

                     (a)  exports the prescribed goods; or

                     (b)  conveys or has in his or her possession the prescribed goods with intent to export the goods or knowing that they are intended to be exported;

is guilty of an offence.

             (2)  Where under the regulations the export of prescribed goods to a specified place is prohibited, a person who:

                     (a)  exports the prescribed goods to that place; or

                     (b)  conveys or has in his or her possession the prescribed goods with intent to export the goods to that place or knowing that they are intended to be exported to that place;

is guilty of an offence.

             (3)  Where under the regulations the export of prescribed goods is prohibited unless specified conditions or restrictions are complied with:

                     (a)  a person who exports the prescribed goods in contravention of the conditions or restrictions is guilty of an offence; and

                     (b)  a person who conveys or has in his or her possession the prescribed goods is guilty of an offence if:

                              (i)  the person intends to export the goods in circumstances that would constitute a contravention of the conditions or restrictions; or

                             (ii)  the goods are intended to be exported in circumstances that would constitute a contravention of the conditions or restrictions.

             (4)  Where under the regulations the export of prescribed goods to a specified place is prohibited unless specified conditions or restrictions are complied with:

                     (a)  a person who exports the prescribed goods to that place in contravention of the conditions or restrictions is guilty of an offence; and

                     (b)  a person who conveys or has in his or her possession the prescribed goods is guilty of an offence if:

                              (i)  the person intends to export the goods to that place in circumstances that would constitute a contravention of the conditions or restrictions; or

                             (ii)  the goods are intended to be exported to that place in circumstances that would constitute a contravention of the conditions or restrictions.

             (5)  An offence against this section is punishable on conviction by imprisonment for a period not exceeding 5 years.

             (6)  In a prosecution of a person for an offence against subsection (3) or (4) in respect of the conveyance or possession of prescribed goods intended to be exported, or intended to be exported to a particular place, in circumstances that would constitute a contravention of conditions or restrictions specified in the regulations, it is a defence if the person proves that the person did not know, and had no reasonable grounds for knowing or suspecting, that the goods were intended to be exported, or intended to be exported to that place, in circumstances that would constitute a contravention of the conditions or restrictions.

             (7)  In subsections (1), (2), (3) and (4), strict liability applies to the physical element of circumstance, that the relevant prohibition is under the regulations.

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