Document ID: chunk:federal_register_of_legislation:C2025C00022:section:44
Version: federal_register_of_legislation:C2025C00022
Segment Type: section
Provision Reference: s 44
Character Range: 113871–115878

44  Exporting prescribed goods to a particular place—non‑compliance with prescribed export conditions—economic consequences for Australia
 (1) A person contravenes this subsection if:
 (a) the person exports goods; and
 (b) the goods are prescribed goods; and
 (c) the person intends the goods to be imported into a particular place (whether that intention exists at the time the goods are exported or is formed after that time); and
 (d) the export of the goods to that place is prohibited unless prescribed export conditions are complied with; and
 (e) prescribed export conditions were not complied with; and
 (f) the export of the goods to that place causes, or has the potential to cause, economic consequences for Australia.
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), (d) and (e).

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 42(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 42(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.