39Exporting prescribed goods—non‑compliance with prescribed export conditions—intention to obtain commercial advantage

39  Exporting prescribed goods—non‑compliance with prescribed export conditions—intention to obtain commercial advantage  (d) prescribed export conditions were not complied with; and  (e) 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 38(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 38(2); and