Document ID: chunk:federal_register_of_legislation:C2004A00770:clause:1_42
Version: federal_register_of_legislation:C2004A00770
Segment Type: clause
Provision Reference: sch 1 cl 42
Character Range: 14900–15881

42  Subsection 9(3)
Repeal the subsection, substitute:

 (3) A person is guilty of an offence if:
 (a) the person exports, or attempts to export, an object; and
 (b) the object is an Australian protected object; and
 (c) the person's conduct referred to in paragraph (a) is otherwise than in accordance with a permit or certificate.

 (3A) A person is guilty of an offence if:
 (a) a permit or certificate relates to an Australian protected object; and
 (b) the person engages in conduct; and
 (c) the conduct contravenes a condition of the permit or certificate.

 (3B) A person who is convicted of an offence against subsection (3) or (3A) is punishable by:
 (a) if the person is an individual—a fine not exceeding 1,000 penalty units or imprisonment for a period not exceeding 5 years, or both; or
 (b) if the person is a body corporate—a fine not exceeding 2,000 penalty units.

Note: See subsection 46(4) for penalties that may be imposed by a court of summary jurisdiction.