8BPreparation of prescribed goods for export—strict liability offence

8B Preparation of prescribed goods for export—strict liability offence

Export to any place (1) A person commits an offence if: (a) the person, either alone or in conjunction with another person, is the occupier of an establishment; and (b) goods are prepared at the establishment; and (c) the goods are prescribed goods; and (d) the goods are exported after preparation (with or without further preparation); and (e) regulations made for the purposes of subsection 7(1) prohibit the export of the goods unless specified conditions or restrictions are complied with; and (f) one of those conditions or restrictions applies in relation to the occupier, the establishment or the preparation of the goods at the establishment; and (g) the condition or restriction is not complied with.

Penalty: 60 penalty units.

Export to a particular place (2) A person commits an offence if: (a) the person, either alone or in conjunction with another person, is the occupier of an establishment; and (b) goods are prepared at the establishment; and (c) the goods are prescribed goods; and (d) the goods are exported to a particular place after preparation (with or without further preparation); and (e) regulations made for the purposes of subsection 7(1) prohibit the export of the goods to that place unless specified conditions or restrictions are complied with; and (f) one of those conditions or restrictions applies in relation to the occupier, the establishment or the preparation of the goods at the establishment; and (g) the condition or restriction is not complied with.

Penalty: 60 penalty units.

Note: See section 9.4 of the Criminal Code in relation to paragraphs (1)(c), (e) and (f) and (2)(c), (e) and (f).

(3) Strict liability applies: (a) in paragraphs (1)(a) and 2(a) to the physical element of the circumstance that the person, either alone or in conjunction with another person, is the occupier of an establishment; and (b) in paragraphs (1)(b) and 2(b) to the physical element of the conduct of preparing prescribed goods at the establishment; and (c) in paragraphs (1)(g) and (2)(g) to the physical element of the circumstance that the condition or restriction is not complied with.

Note: For strict liability, see section 6.1 of the Criminal Code.

(4) In this section:

occupier means:

(a) in relation to a registered establishment—an individual, corporation or other legal entity (or any combination of these) in whose name the registered establishment is registered; and
(b) in relation to an unregistered establishment—the individual, corporation or other legal entity (or any combination of these) who:
(i) is the operator of a business preparing prescribed goods at the establishment; or
(ii) if that person cannot be ascertained—is the person in charge of the operations for the preparation of prescribed goods at the establishment.