Section 233BABAC Customs Act 1901 | Exportation of UN-Sanctioned Goods


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The Legislation

Section 233BABAC of the Customs Act 1901 (Cth) deals with Exportation of UN-Sanctioned Goods and is extracted below.

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233BABAC Special offences for exportation of UN sanctioned goods

Offence for individuals
(1) An individual commits an offence if:

(a) the individual intentionally exported goods; and
(b) the goods were UN sanctioned goods and the individual was reckless as to that fact; and
(c) their exportation:

(i) was prohibited under this Act absolutely; or
(ii) was prohibited under this Act unless the approval of a particular person had been obtained and, at the time of the exportation, that approval had not been obtained.

(2) Subject to subsection (3), absolute liability applies to paragraph (1)(c).

Note: For absolute liability, see section 6.2 of the Criminal Code.

(3) For the purposes of an offence against subsection (1), strict liability applies to the physical element of circumstance of the offence, that an approval referred to in subparagraph (1)(c)(ii) had not been obtained at the time of the exportation.

Note: For strict liability, see section 6.1 of the Criminal Code.

Penalty for individuals
(4) An offence under subsection (1) is punishable on conviction by imprisonment for not more than 10 years or a fine not exceeding the amount worked out under subsection (5), or both.

(5) For the purposes of subsection (4), the amount is:

(a) if the Court can determine the value of the goods to which the offence relates—whichever is the greater of the following:

(i) 3 times the value of the goods;
(ii) 2,500 penalty units; or

(b) if the Court cannot determine the value of those goods—2,500 penalty units.

Offence for bodies corporate
(6) A body corporate commits an offence if:

(a) the body corporate exported goods; and
(b) the goods were UN sanctioned goods; and
(c) their exportation:

(i) was prohibited under this Act absolutely; or
(ii) was prohibited under this Act unless the approval of a particular person had been obtained and, at the time of the exportation, that approval had not been obtained.

(7) Subsection (6) does not apply if the body corporate proves that it took reasonable precautions, and exercised due diligence, to avoid contravening that subsection.

Note: The body corporate bears a legal burden in relation to a matter in subsection (7) (see section 13.4 of the Criminal Code).

(8) Strict liability applies to paragraphs (6)(a) and (b).

Note: For strict liability, see section 6.1 of the Criminal Code.

(9) Subject to subsection (10), absolute liability applies to paragraph (6)(c).

Note: For absolute liability, see section 6.2 of the Criminal Code.

(10) For the purposes of an offence against subsection (6), strict liability applies to the physical element of circumstance of the offence, that an approval referred to in subparagraph (6)(c)(ii) had not been obtained at the time of the exportation.

Note: For strict liability, see section 6.1 of the Criminal Code.

Penalty for bodies corporate

(11) An offence under subsection (6) is punishable on conviction by a fine not exceeding:

(a) if the Court can determine the value of the goods to which the offence relates—whichever is the greater of the following:

(i) 3 times the value of the goods;
(ii) 10,000 penalty units; or

(b) if the Court cannot determine the value of those goods—10,000 penalty units.

Person not liable to other proceedings
(12) A person convicted or acquitted of an offence against subsection (1) or (6) in respect of particular conduct is not liable to proceedings under section 233 in respect of that conduct.