Document ID: chunk:federal_register_of_legislation:C2025C00022:section:252
Version: federal_register_of_legislation:C2025C00022
Segment Type: section
Provision Reference: s 252
Character Range: 431409–433237

252  False trade description must not be applied to prescribed goods

Person must not knowingly apply a false trade description
 (1) A person contravenes this subsection if:
 (a) the person applies a trade description to goods; and
 (b) the goods are prescribed goods; and
 (c) the goods are intended to be exported; and
 (d) the trade description is a false trade description for the goods; and
 (e) the person knows that the trade description is a false trade description for 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: Imprisonment for 5 years or 300 penalty units, or both.
 (3) For the purposes of subsection (2), strict liability applies to paragraph (1)(b).

Civil penalty provision
 (4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 600 penalty units.

Person must not recklessly apply a false trade description
 (5) A person contravenes this subsection if:
 (a) the person applies a trade description to goods; and
 (b) the goods are prescribed goods; and
 (c) the goods are intended to be exported; and
 (d) the trade description is a false trade description for the goods.
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 2 years or 120 penalty units, or both.
 (7) For the purposes of subsection (6), strict liability applies to paragraph (5)(b).

Civil penalty provision
 (8) A person is liable to a civil penalty if the person contravenes subsection (5).
Civil penalty: 240 penalty units.