Document ID: chunk:federal_register_of_legislation:C2025C00022:section:106
Version: federal_register_of_legislation:C2025C00022
Segment Type: section
Provision Reference: s 106
Character Range: 204907–207491

106  Conditions of accreditation must not be contravened

Accreditation that is not suspended
 (1) A person contravenes this subsection if:
 (a) the person is the manager of an accredited property; and
 (b) the accreditation of the property is not suspended wholly or in part under Part 5; and
 (c) the accreditation covers a kind of prescribed goods (the relevant goods) that may be exported:
 (i) generally; or
 (ii) to one or more places; and
 (d) the relevant goods are:
 (i) in the case of an accreditation referred to in subparagraph (c)(i)—exported to any place; or
 (ii) in the case of an accreditation referred to in subparagraph (c)(ii)—exported to a place covered by the accreditation; and
 (e) a condition of the accreditation relating to the relevant goods, or to export operations carried out in relation to the relevant goods, is contravened.
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 2 years or 120 penalty units, or both.

Civil penalty provision
 (3) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 240 penalty units.

Accreditation that is suspended
 (4) A person contravenes this subsection if:
 (a) the person is the manager of an accredited property; and
 (b) the accreditation of the property is suspended wholly or in part under Part 5; and
 (c) the accreditation covers a kind of prescribed goods (the relevant goods) that may be exported:
 (i) generally; or
 (ii) to one or more places; and
 (d) the relevant goods are:
 (i) in the case of an accreditation referred to in subparagraph (c)(i)—exported to any place; or
 (ii) in the case of an accreditation referred to in subparagraph (c)(ii)—exported to a place covered by the accreditation; and
 (e) a condition of the accreditation relating to the relevant goods, or to export operations carried out in relation to the relevant goods, is contravened; and
 (f) the condition is required to be complied with during the period of the suspension.
Note: The physical elements of an offence against subsection (5) are set out in this subsection (see section 370).

Fault‑based offence
 (5) A person commits an offence if the person contravenes subsection (4).
Penalty: Imprisonment for 2 years or 120 penalty units, or both.

Civil penalty provision
 (6) A person is liable to a civil penalty if the person contravenes subsection (4).
Civil penalty: 240 penalty units.