Document ID: chunk:federal_register_of_legislation:C2025C00022:section:250
Version: federal_register_of_legislation:C2025C00022
Segment Type: section
Provision Reference: s 250
Character Range: 428900–431027

250  Alteration of or interference with trade description

Alterations or interferences before export permit issued
 (1) A person (other than an authorised officer) must not alter or interfere with (whether by way of addition, removal, defacement or otherwise) a trade description applied to prescribed goods that are intended to be exported and for which an export permit has not been issued, unless the alteration or interference is done in accordance with:
 (a) a direction given to the person by an authorised officer; or
 (b) an approved arrangement covering the goods; or
 (c) a written approval given to the person by the Secretary.
Note: If a trade description applied to prescribed goods is altered or interfered with other than in accordance with this subsection, the Secretary may refuse to issue an export permit for the goods (see section 225).

Alterations or interferences after export permit issued
 (2) A person (other than an authorised officer) contravenes this subsection if:
 (a) a trade description is applied to a kind of prescribed goods; and
 (b) the goods are intended to be exported; and
 (c) the person alters or interferes with (whether by way of addition, removal, defacement or otherwise) the trade description; and
 (d) the alteration or interference occurs:
 (i) after an export permit has been issued for the goods; and
 (ii) before the goods have been exported; and
 (e) none of the following authorises the alteration or interference:
 (i) a direction given to the person by an authorised officer;
 (ii) an approved arrangement covering the goods;
 (iii) a written approval given to the person by the Secretary.
Note: The physical elements of an offence against subsection (3) are set out in this subsection (see section 370).

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

Civil penalty provision
 (4) A person is liable to a civil penalty if the person contravenes subsection (2).
Civil penalty: 240 penalty units.

Division 3—False trade descriptions for prescribed goods