Document ID: chunk:federal_register_of_legislation:C2025C00022:section:217
Version: federal_register_of_legislation:C2025C00022
Segment Type: section
Provision Reference: s 217
Character Range: 388585–390709

217  Conditions of export licence must not be contravened

Export licence that is not suspended
 (1) A person contravenes this subsection if:
 (a) the person is the holder of an export licence; and
 (b) the licence is not suspended wholly or in part under Part 5; and
 (c) a condition of the licence 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:
 (a) if the person is an individual—imprisonment for 10 years or 2,000 penalty units, or both; or
 (b) if the person is a body corporate—the amount under section 50A.
 (3) For the purposes of subsection (2), strict liability applies to paragraph (1)(c).

Civil penalty provision
 (4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty:
 (a) if the person is an individual—4,000 penalty units; or
 (b) if the person is a body corporate—the amount under section 50A.

Export licence that is suspended
 (5) A person contravenes this subsection if:
 (a) the person is the holder of an export licence; and
 (b) the licence is suspended wholly or in part under Part 5; and
 (c) a condition of the licence is contravened; and
 (d) the condition is required to be complied with during the period of the suspension.
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:
 (a) if the person is an individual—imprisonment for 10 years or 2,000 penalty units, or both; or
 (b) if the person is a body corporate—the amount under section 50A.
 (7) For the purposes of subsection (6), strict liability applies to paragraphs (5)(c) and (d).

Civil penalty provision
 (8) A person is liable to a civil penalty if the person contravenes subsection (5).
Civil penalty:
 (a) if the person is an individual—4,000 penalty units; or
 (b) if the person is a body corporate—the amount under section 50A.