Document ID: chunk:federal_register_of_legislation:C2025C00022:section:33
Version: federal_register_of_legislation:C2025C00022
Segment Type: section
Provision Reference: s 33
Character Range: 95752–97788

33  Conveying or possessing goods that are subject to prohibition on export and are intended to be exported etc.

Person intends to export goods
 (1) A person contravenes this subsection if:
 (a) the person conveys, or has in the person's possession, goods; and
 (b) the person intends to export the goods; and
 (c) any of the following applies:
 (i) the goods are permanently prohibited goods;
 (ii) the export is a permanently prohibited export;
 (iii) the export of the goods is prohibited absolutely by a temporary prohibition determination.
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.
 (3) For the purposes of subsection (2), strict liability applies to paragraph (1)(c).

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

Person knows that goods are intended to be exported
 (5) A person contravenes this subsection if:
 (a) the person conveys, or has in the person's possession, goods; and
 (b) the person knows that the goods are intended to be exported; and
 (c) any of the following applies:
 (i) the goods are permanently prohibited goods;
 (ii) the export is a permanently prohibited export;
 (iii) the export of the goods is prohibited absolutely by a temporary prohibition determination.
Note: The physical elements of an offence against subsection (6) are set out in this subsection (see section 370).

Fault‑based offence
 (6) A person commits an offence if the person contravenes subsection (5).
Penalty: Imprisonment for 8 years or 480 penalty units, or both.
 (7) For the purposes of subsection (6), strict liability applies to paragraph (5)(c).

Civil penalty provision
 (8) A person is liable to a civil penalty if the person contravenes subsection (5).
Civil penalty: 960 penalty units.