59Conditions of export licence must not be contravened

59 Conditions of export licence must not be contravened

Export licence that is not suspended (1) A person contravenes this subsection if: (a) the person is the holder of an export licence; and (b) the licence is not suspended wholly or in part under Part 7; and (c) a condition of the licence is contravened. Fault‑based offence (2) A person commits an offence if the person contravenes subsection (1).

Penalty: Imprisonment for 5 years or 300 penalty units, or both.

Civil penalty provision (3) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 600 penalty units.

Export licence that is suspended (4) A person contravenes this subsection if: (a) the person is the holder of an export licence; and (b) the licence is suspended wholly or in part under Part 7; and (c) a condition of the licence is contravened; and (d) the condition is required to be complied with during the period of the suspension. Fault‑based offence (5) A person commits an offence if the person contravenes subsection (4).

Penalty: Imprisonment for 5 years or 300 penalty units, or both.

(6) For the purposes of subsection (5), strict liability applies to paragraph (4)(d). Civil penalty provision (7) A person is liable to a civil penalty if the person contravenes subsection (4).

Civil penalty: 600 penalty units.