Document ID: chunk:federal_register_of_legislation:C2025C00022:section:46
Version: federal_register_of_legislation:C2025C00022
Segment Type: section
Provision Reference: s 46
Character Range: 117923–119785

46  Producing or preparing prescribed goods or other goods at certain premises in contravention of conditions—general
 (1) A person contravenes this subsection if:
 (a) the person is:
 (i) the occupier of a registered establishment; or
 (ii) the manager of an accredited property; or
 (iii) the occupier of premises other than a registered establishment or an accredited property; and
 (b) goods are produced or prepared at the registered establishment, accredited property or other premises; and
 (c) the goods are prescribed goods; and
 (d) the goods are exported after being produced or prepared at the registered establishment, accredited property or other premises (with or without further preparation); and
 (e) the export of the goods is prohibited unless prescribed export conditions are complied with; and
 (f) one or more of the prescribed export conditions applies in relation to:
 (i) the person; or
 (ii) the registered establishment, accredited property or other premises; or
 (iii) the production or preparation of the goods at the registered establishment, accredited property or other premises; and
 (g) one or more of those prescribed export conditions 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 8 years or 480 penalty units, or both.
 (3) For the purposes of subsection (2), strict liability applies to paragraphs (1)(c), (e), (f) and (g).

Strict liability offence
 (4) A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty: 60 penalty units.

Civil penalty provision
 (5) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 960 penalty units.