42Exporting prescribed goods to a particular place—non‑compliance with prescribed export conditions—basic contravention

42  Exporting prescribed goods to a particular place—non‑compliance with prescribed export conditions—basic contravention  (c) 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  (e) prescribed export conditions were not complied with. 43  Exporting prescribed goods to a particular place—non‑compliance with prescribed export conditions—intention to obtain commercial advantage  (c) 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  (e) prescribed export conditions were not complied with; and  (f) 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 42(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 42(2); and 44  Exporting prescribed goods to a particular place—non‑compliance with prescribed export conditions—economic consequences for Australia  (c) 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  (e) prescribed export conditions were not complied with; and  (f) the export of the goods to that place causes, or has the potential to cause, economic consequences for Australia.  (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 42(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 42(2); and 45  Conveying or possessing prescribed goods that are intended to be exported to a particular place in contravention of conditions etc. Person intends to export goods to prohibited place in contravention of conditions  (c) the export of the goods to a particular place is prohibited unless prescribed export conditions are complied with; and  (d) the person intends to export the goods to that place; and  (e) the export of the goods to that place would contravene the prescribed export conditions. Goods are intended to be exported to prohibited place in contravention of conditions  (c) the export of the goods to a particular place is prohibited unless prescribed export conditions are complied with; and  (d) the person knows that the goods are intended to be exported to that place; and  (e) the export of the goods to that place would contravene the prescribed export conditions. 46  Producing or preparing prescribed goods or other goods at certain premises in contravention of conditions—general  (a) the person is:  (i) the occupier of a registered establishment; or  (ii) the manager of an accredited property; or  (iii) the occupier of premises other than a registered establishment or an accredited property; and  (b) goods are produced or prepared at the registered establishment, accredited property or other premises; and  (c) the goods are prescribed goods; and  (d) the goods are exported after being produced or prepared at the registered establishment, accredited property or other premises (with or without further preparation); and  (e) the export of the goods is prohibited unless prescribed export conditions are complied with; and  (f) one or more of the prescribed export conditions applies in relation to:  (i) the person; or  (ii) the registered establishment, accredited property or other premises; or  (iii) the production or preparation of the goods at the registered establishment, accredited property or other premises; and  (g) one or more of those prescribed export conditions is contravened.  (3) For the purposes of subsection (2), strict liability applies to paragraphs (1)(c), (e), (f) and (g).  (4) A person commits an offence of strict liability if the person contravenes subsection (1). Penalty: 60 penalty units. 47  Producing or preparing prescribed goods or other goods at certain premises in contravention of conditions—goods to be exported to a particular place  (a) the person is:  (i) the occupier of a registered establishment; or  (ii) the manager of an accredited property; or  (iii) the occupier of premises other than a registered establishment or an accredited property; and  (b) goods are produced or prepared at the registered establishment, accredited property or other premises; and  (c) the goods are prescribed goods; and  (d) the goods are exported to a particular place after being produced or prepared at the registered establishment, accredited property or other premises (with or without further preparation); and  (e) the export of the goods to that place is prohibited unless prescribed export conditions are complied with; and  (f) one or more of the prescribed export conditions applies in relation to:  (i) the person; or  (ii) the registered establishment, accredited property or other premises; or  (iii) the production or preparation of the goods at the registered establishment, accredited property or other premises; and  (g) one or more of those prescribed export conditions is contravened.  (3) For the purposes of subsection (2), strict liability applies to paragraphs (1)(c), (e), (f) and (g).  (4) A person commits an offence of strict liability if the person contravenes subsection (1). Penalty: 60 penalty units.