Document ID: chunk:federal_register_of_legislation:C2006A00094:clause:1_8a
Version: federal_register_of_legislation:C2006A00094
Segment Type: clause
Provision Reference: sch 1 cl 8A
Character Range: 3457–5787

8A  Preparation of prescribed goods for export—offence

Export to any place

 (1) A person commits an offence if:
 (a) the person, either alone or in conjunction with another person, is the occupier of an establishment; and
 (b) goods are prepared at the establishment; and
 (c) the goods are prescribed goods; and
 (d) the goods are exported after preparation (with or without further preparation); and
 (e) regulations made for the purposes of subsection 7(1) prohibit the export of the goods unless specified conditions or restrictions are complied with; and
 (f) one of those conditions or restrictions applies in relation to the occupier, the establishment or the preparation of the goods at the establishment; and
 (g) the condition or restriction is not complied with.

Penalty: Imprisonment for 5 years.

Export to a particular place

 (2) A person commits an offence if:
 (a) the person, either alone or in conjunction with another person, is the occupier of an establishment; and
 (b) goods are prepared at the establishment; and
 (c) the goods are prescribed goods; and
 (d) the goods are exported to a particular place after preparation (with or without further preparation); and
 (e) regulations made for the purposes of subsection 7(1) prohibit the export of the goods to that place unless specified conditions or restrictions are complied with; and
 (f) one of those conditions or restrictions applies in relation to the occupier, the establishment or the preparation of the goods at the establishment; and
 (g) the condition or restriction is not complied with.

Penalty: Imprisonment for 5 years.

Note: See section 9.4 of the Criminal Code in relation to paragraphs (1)(c), (e) and (f) and (2)(c), (e) and (f).

 (3) In this section:

occupier means:
 (a) in relation to a registered establishment—an individual, corporation or other legal entity (or any combination of these) in whose name the registered establishment is registered; and
 (b) in relation to an unregistered establishment—the individual, corporation or other legal entity (or any combination of these) who:
 (i) is the operator of a business preparing prescribed goods at the establishment; or
 (ii) if that person cannot be ascertained—is the person in charge of the operations for the preparation of prescribed goods at the establishment.