Document ID: chunk:federal_register_of_legislation:C2025C00155:section:233bab:p3
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 233BAB (pt 3/3)
Character Range: 1527165–1529178

a particular person had been obtained and, at the time of the importation, that approval had not been obtained.
Penalty: Imprisonment for 10 years or 2,500 penalty units, or both.
 (5A) Subject to subsection (5B), absolute liability applies to paragraph (5)(c).
Note: For absolute liability, see section 6.2 of the Criminal Code.
 (5B) For the purposes of an offence against subsection (5), strict liability applies to the physical element of circumstance of the offence, that an approval referred to in subparagraph (5)(c)(ii) had not been obtained at the time of the importation.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (6) A person commits an offence against this subsection if:
 (a) the person intentionally exported goods; and
 (b) the goods were tier 2 goods and the person was reckless as to that fact; and
 (c) their exportation:
 (i) was prohibited under this Act absolutely; or
 (ii) was prohibited under this Act unless the approval of a particular person had been obtained and, at the time of the exportation, that approval had not been obtained.
Penalty: Imprisonment for 10 years or 2,500 penalty units, or both.
 (6A) Subject to subsection (6B), absolute liability applies to paragraph (6)(c).
Note: For absolute liability, see section 6.2 of the Criminal Code.
 (6B) For the purposes of an offence against subsection (6), strict liability applies to the physical element of circumstance of the offence, that an approval referred to in subparagraph (6)(c)(ii) had not been obtained at the time of the exportation.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (7) A person punished for an offence against subsection (5) or (6) in respect of particular conduct cannot be punished, in respect of that conduct, for an offence against:
 (a) section 233; or
 (b) Division 361 of the Criminal Code (about international firearms trafficking).
Note: A similar provision for the opposite case to paragraph (b) is set out in section 361.6 of the Criminal Code.