29Rules may prohibit export of prescribed goods subject to conditions

29  Rules may prohibit export of prescribed goods subject to conditions  (1) The rules may:  (a) prohibit the export of prescribed goods from Australian territory, or from a part of Australian territory, unless conditions prescribed by the rules are complied with; or  (b) prohibit the export of prescribed goods from Australian territory, or from a part of Australian territory, to a specified place unless conditions prescribed by the rules are complied with. Note 1: The rules are made by the Secretary under section 432. They are a disallowable legislative instrument and are subject to sunsetting under the Legislation Act 2003. Note 2: The Minister may, by legislative instrument, give directions to the Secretary in relation to the performance of the Secretary’s functions or the exercise of the Secretary’s powers in making rules under section 432 (see subsection 289(1)). Note 3: For Australian territory, see section 14. Note 4: Division 4 sets out offences and civil penalty provisions for exporting prescribed goods in contravention of prescribed export conditions.  (2) Without limiting subsection (1), the rules may prescribe conditions in relation to the export of prescribed goods, or the export of prescribed goods to a specified place, that:  (a) require export operations to be carried out in relation to the goods:  (i) at an accredited property; or  (ii) at a registered establishment; or  (iii) at another kind of premises prescribed by the rules; or  (iv) in accordance with an approved arrangement; or  (v) in accordance with an export licence; or  (vi) in any other way prescribed by the rules; or  (b) require the exporter to hold one or more of the following:  (i) an approved arrangement covering the goods;  (ii) an export licence covering the goods;  (iii) a government certificate in relation to the goods;  (iv) an export permit for the goods;  (v) another kind of permission, consent or approval, granted as prescribed by the rules, to export the goods; or  (c) relate to export operations to be carried out in relation to the goods, including in relation to the following matters:  (i) premises, equipment and facilities to be used to produce or prepare the goods;  (ii) hygiene;  (iii) loading and transport of the goods;  (iv) identification, tracing, recall and transfer of the goods;  (v) ensuring the integrity of the goods;  (vi) trade descriptions;  (vii) official marks.  (3) Also, without limiting subsection (1), the rules may prescribe conditions in relation to the export of prescribed goods, or the export of prescribed goods to a specified place, that are required to be complied with in respect of matters or things not related to the goods themselves.  (4) Despite subsection 14(2) of the Legislation Act 2003, rules made for the purposes of this section may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing, as in force or existing from time to time, if the instrument or other writing is published on the Department’s website. Note: The Department’s website is http://www.agriculture.gov.au. Division 4—Offences and civil penalty provisions 30  Exporting goods that are subject to prohibition on export—basic contravention 31  Exporting goods that are subject to prohibition on export—intention to obtain commercial advantage  (iii) the export of the goods is prohibited absolutely by a temporary prohibition determination; and  (c) the person intends to obtain a commercial advantage over the person’s competitors, or potential competitors, as a result of exporting the goods.  (4) In a trial for an offence against subsection (2), the trier of fact may find the defendant not guilty of that offence, but guilty of an offence against subsection 30(2), if:  (a) the trier of fact is not satisfied that the defendant is guilty of the offence against subsection (2) of this section; and  (b) the trier of fact is satisfied that the defendant is guilty of the offence against subsection 30(2); and