Document ID: chunk:federal_register_of_legislation:C2024C00535:section:13ab:p2
Version: federal_register_of_legislation:C2024C00535
Segment Type: section
Provision Reference: s 13AB (pt 2/2)
Character Range: 49103–50380

the matter in this subsection. See subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.

Unlicensed export of equipment that uses a scheduled substance in its operation
 (5) A person contravenes this subsection if:
 (a) the person exports equipment; and
 (b) the equipment uses a substance in its operation; and
 (c) the substance is a scheduled substance; and
 (d) the equipment or the substance (or both) is prescribed by the regulations for the purposes of this paragraph; and
 (e) the person does not hold a licence that allows the export.
Note 1: See section 13A for the activities allowed by each type of licence.
Note 2: While suspended, a licence does not allow the licensee to carry out any activity that the licence would otherwise allow: see subsection 19D(4).
 (6) Subsection (5) does not apply to a person exporting equipment:
 (a) of a kind prescribed by the regulations for the purposes of this paragraph; or
 (b) in circumstances, or for a purpose, prescribed by the regulations for the purposes of this paragraph.
Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection. See subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.