Document ID: chunk:federal_register_of_legislation:C2004A00615:clause:2_233bab:p1
Version: federal_register_of_legislation:C2004A00615
Segment Type: clause
Provision Reference: sch 2 cl 233BAB (pt 1/2)
Character Range: 21322–23986

233BAB  Special offence relating to tier 2 goods

 (1) The regulations may provide that:
 (a) specified firearms, munitions and military warfare items of any kind including combat vests and body armour; and
 (b) specified knives, daggers and other like goods; and
 (c) specified chemical compounds; and
 (d) specified anti‑personnel sprays and gases; and
 (e) specified fissionable or radioactive substances; and
 (f) specified human body tissue; and
 (g) specified human body fluids; and
 (h) items of child pornography or of child abuse material; and
 (i) counterfeit credit, debit and charge cards; and
 (j) other specified goods;
constitute tier 2 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) For the purposes of subsection (1) an item is to be taken to be an item of child pornography if it is a document or other goods:
 (a) that depicts a person:
 (i) who is, or who appears to be, under 16 years of age; and
 (ii) who is involved in a sexual pose or in sexual activity, whether or not in the presence of other persons; and
 (b) that is likely to cause offence to a reasonable adult.

 (4) For the purposes of subsection (1), an item is taken to be an item of child abuse material if it is a document or other goods:
 (a) that depicts a person:
 (i) who is, or who appears to be, under 16 years of age; and
 (ii) who is a victim of torture, cruelty or physical abuse; and
 (b) that is likely to cause offence to a reasonable adult.

 (5) 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 2 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 $250,000 or imprisonment for 10 years, or both.

 (6) 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 2 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: