Document ID: chunk:federal_register_of_legislation:C2025C00022:section:41
Version: federal_register_of_legislation:C2025C00022
Segment Type: section
Provision Reference: s 41
Character Range: 108817–110700

41  Conveying or possessing prescribed goods that are intended to be exported in contravention of conditions etc.

Person intends to export goods in contravention of conditions
 (1) A person contravenes this subsection if:
 (a) the person conveys, or has in the person's possession, goods; and
 (b) the goods are prescribed goods; and
 (c) the export of the goods is prohibited unless prescribed export conditions are complied with; and
 (d) the person intends to export the goods; and
 (e) the export of the goods would contravene the prescribed export conditions.
Note: The physical elements of an offence against subsection (2) are set out in this subsection (see section 370).

Fault‑based offence
 (2) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 8 years or 480 penalty units, or both.

Civil penalty provision
 (3) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 960 penalty units.

Goods are intended to be exported in contravention of conditions
 (4) A person contravenes this subsection if:
 (a) the person conveys, or has in the person's possession, goods; and
 (b) the goods are prescribed goods; and
 (c) the export of the goods is prohibited unless prescribed export conditions are complied with; and
 (d) the person knows that the goods are intended to be exported; and
 (e) the export of the goods would contravene the prescribed export conditions.
Note: The physical elements of an offence against subsection (5) are set out in this subsection (see section 370).

Fault‑based offence
 (5) A person commits an offence if the person contravenes subsection (4).
Penalty: Imprisonment for 8 years or 480 penalty units, or both.

Civil penalty provision
 (6) A person is liable to a civil penalty if the person contravenes subsection (4).
Civil penalty: 960 penalty units.