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Export Control Act 2020
35Exporting goods to a temporarily prohibited place—intention to obtain commercial advantage
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35 Exporting goods to a temporarily prohibited place—intention to obtain commercial advantage
(b) the person intends the goods to be imported into a particular place (whether that intention exists at the time the goods are exported or is formed after that time); and
(c) the export of the goods to that place is prohibited by a temporary prohibition determination; and
(d) the person intends to obtain a commercial advantage over the person’s competitors, or potential competitors, as a result of exporting the goods to that place.
(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 34(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 34(2); and