Document ID: chunk:federal_register_of_legislation:C2015A00012:clause:2_18:p2
Version: federal_register_of_legislation:C2015A00012
Segment Type: clause
Provision Reference: sch 2 cl 18 (pt 2/3)
Character Range: 26862–29532

or a fine of 2,500 penalty units, or both.
 (4) Absolute liability applies to paragraph (3)(d).
Note: For absolute liability, see section 6.2.
 (5) Strict liability applies to paragraph (3)(e).
Note: For strict liability, see section 6.1.

361.3  Trafficking prohibited firearms or firearm parts out of Australia

Customs Act prohibits exports absolutely
 (1) A person commits an offence if:
 (a) the person exports a thing, or enters a thing for export from Australia; and
 (b) the thing is a firearm or firearm part; and
 (c) the person exports, or enters for export, the firearm or part with the intention of trafficking in the firearm or part; and
 (d) exporting the firearm or part was prohibited under the Customs Act 1901 absolutely.
Penalty: Imprisonment for 10 years or a fine of 2,500 penalty units, or both.
 (2) Absolute liability applies to paragraph (1)(d).
Note: For absolute liability, see section 6.2.

Customs Act prohibits exports if requirements not met
 (3) A person commits an offence if:
 (a) the person exports a thing; and
 (b) the thing is a firearm or firearm part; and
 (c) the person exports the firearm or part with the intention of trafficking in the firearm or part; and
 (d) exporting the firearm or part, or entering the firearm or part for export, was prohibited under the Customs Act 1901 unless certain requirements were met; and
 (e) the person fails to meet any of those requirements.
Penalty: Imprisonment for 10 years or a fine of 2,500 penalty units, or both.
 (4) A person commits an offence if:
 (a) the person enters a thing for export from Australia; and
 (b) the thing is a firearm or firearm part; and
 (c) the person enters the firearm or part for export with the intention of trafficking in the firearm or part; and
 (d) entering the firearm or part for export was prohibited under the Customs Act 1901 unless certain requirements were met; and
 (e) the person fails to meet any of those requirements.
Penalty: Imprisonment for 10 years or a fine of 2,500 penalty units, or both.
 (5) Absolute liability applies to paragraphs (3)(d) and (4)(d).
Note: For absolute liability, see section 6.2.
 (6) Strict liability applies to paragraphs (3)(e) and (4)(e).
Note: For strict liability, see section 6.1.

361.4  Defence—reasonable belief that conduct is justified or excused by or under a law
  A person is not criminally responsible for an offence against this Division if:
 (a) at the time of the conduct constituting the offence, the person was under a mistaken but reasonable belief that the conduct was justified or excused by or under a law of the Commonwealth or of a State or Territory; and
 (b) had the conduct been