15False trade descriptions

#### 15 False trade descriptions (1) A person shall not: (a) apply a false trade description to: (i) any prescribed goods intended or entered for export; or (ii) any prescribed goods put on any ship or aircraft for export or brought to any wharf, airport or other place for the purpose of export; or (b) export, enter for export or put on any ship or aircraft for export any prescribed goods to which a false trade description is applied. Penalty: Imprisonment for 5 years. (1A) A person shall not: (a) apply a false trade description to any prescribed goods in respect of which: (i) notice of intention to export the goods has been given under subsection 6(1) by the person or another person; and (ii) notice has not been given, in accordance with the regulations, that the intention to export the goods has been abandoned; or (b) give, under subsection 6(1), a notice of intention to export any prescribed goods to which a false trade description is applied. Penalty: Imprisonment for 5 years. (1B) In subsections (1) and (1A), strict liability applies to the physical element of circumstance, that the relevant goods are prescribed. > Note: For strict liability, see section 6.1 of the Criminal Code. (1C) In subsection (1A), strict liability applies to the physical element of circumstance, that the giving of the notice is (or was) under subsection 6(1). > Note: For strict liability, see section 6.1 of the Criminal Code. (2) For the purposes of this section, a false trade description shall be deemed to be applied to goods if: (a) it is applied to the goods; (b) it is applied to any covering, label, reel or thing used in connection with the goods; or (c) it is applied to, or stated in, any document relating to the goods or used in any other manner likely to lead to the belief that it describes or designates the goods. (3) In this section: > enter for export includes enter for export to a specified place.