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