Document ID: chunk:federal_register_of_legislation:C2025C00022:section:39
Version: federal_register_of_legislation:C2025C00022
Segment Type: section
Provision Reference: s 39
Character Range: 105201–107034

39  Exporting prescribed goods—non‑compliance with prescribed export conditions—intention to obtain commercial advantage
 (1) A person contravenes this subsection if:
 (a) the person exports 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) prescribed export conditions were not complied with; and
 (e) the person intends to obtain a commercial advantage over the person's competitors, or potential competitors, as a result of exporting the goods.
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:
 (a) if the person is an individual—imprisonment for 10 years or 2,000 penalty units, or both; or
 (b) if the person is a body corporate—the amount under section 50A.
 (3) For the purposes of subsection (2), strict liability applies to paragraphs (1)(b), (c) and (d).

Alternative verdict
 (4) In a trial for an offence against subsection (2), the trier of fact may find the defendant not guilty of that offence, but guilty of an offence against subsection 38(2), if:
 (a) the trier of fact is not satisfied that the defendant is guilty of the offence against subsection (2) of this section; and
 (b) the trier of fact is satisfied that the defendant is guilty of the offence against subsection 38(2); and
 (c) the defendant has been accorded procedural fairness in relation to that finding of guilt.

Civil penalty provision
 (5) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty:
 (a) if the person is an individual—4,000 penalty units; or
 (b) if the person is a body corporate—the amount under section 50A.