Document ID: chunk:federal_register_of_legislation:C2004A00615:clause:2_233baa
Version: federal_register_of_legislation:C2004A00615
Segment Type: clause
Provision Reference: sch 2 cl 233BAA
Character Range: 19277–21322

233BAA  Special offence relating to tier 1 goods

 (1) Subject to subsection (3), the regulations may provide that:
 (a) specified performance enhancing drugs; and
 (b) specified non‑narcotic drugs; and
 (c) other specified goods;
constitute tier 1 goods.

 (2) The regulations must not specify an item for the purposes of subsection (1) unless:
 (a) its importation is prohibited, either absolutely or on condition, by the Customs (Prohibited Imports) Regulations; or
 (b) its exportation is prohibited, either absolutely or on condition, by the Customs (Prohibited Exports) Regulations.

 (3) If the regulations made for the purposes of subsection (1) prescribe a quantity of a drug specified for those purposes to be the critical quantity, the specified drug does not constitute tier 1 goods unless it is of a quantity that exceeds the critical quantity.

 (4) A person is guilty of an offence against this subsection if:
 (a) the person knowingly or recklessly imported goods; and
 (b) the goods were tier 1 goods; and
 (c) their importation:
 (i) was prohibited under this Act absolutely; or
 (ii) was prohibited under this Act unless the approval of a particular person had been obtained and, at the time of the importation, that approval had not been obtained.

Maximum penalty: A fine not exceeding $100,000 or imprisonment for 5 years, or both.

 (5) A person is guilty of an offence against this subsection if:
 (a) the person knowingly or recklessly exported goods; and
 (b) the goods were tier 1 goods; and
 (c) their exportation:
 (i) was prohibited under this Act absolutely; or
 (ii) was prohibited under this Act unless the approval of a particular person had been obtained and, at the time of the exportation, that approval had not been obtained.

Maximum penalty: A fine not exceeding $100,000 or imprisonment for 5 years, or both.

 (6) A person convicted or acquitted of an offence against subsection (4) or (5) in respect of particular conduct is not liable to any proceeding under section 233 in respect of that conduct.