PROTECTION OF MOVABLE CULTURAL HERITAGE ACT 1986 - SECT 9 Unlawful exports
PROTECTION OF MOVABLE CULTURAL HERITAGE ACT 1986 - SECT 9
Unlawful exports(1) Where a person exports an Australian protected object otherwise than in accordance with a permit or certificate, the object is forfeited.
(2) Where a person attempts to export an Australian protected object otherwise than in accordance with a permit or certificate, the object is liable to forfeiture.
(3) A person commits an offence if:
(a) the person exports, or attempts to export, an object; and
(b) the object is an Australian protected object; and
(c) the person's conduct referred to in paragraph (a) is otherwise than in accordance with a permit or certificate.
(3A) A person commits an offence if:
(a) a permit or certificate relates to an Australian protected object; and
(b) the person engages in conduct; and
(c) the conduct contravenes a condition of the permit or certificate.
(3B) A person who is convicted of an offence against subsection (3) or (3A) is punishable by:
(a) if the person is an individual--a fine not exceeding 1,000 penalty units or imprisonment for a period not exceeding 5 years, or both; or
(b) if the person is a body corporate--a fine not exceeding 2,000 penalty units.
Note: See subsection 46(4) for penalties that may be imposed by a court of summary jurisdiction.
(4) For the purposes of this section, an object shall be taken to be exported at the time when:
(a) the object has been placed on board a ship or aircraft at a particular place in Australia with the intention that it be taken out of Australia by that ship or aircraft and the departure of the ship or aircraft from that place has commenced; or
(b) the object has been delivered as a postal article into the control of the Australian Postal Corporation at a particular place in Australia with the intention that it be sent out of Australia by post and the movement of the postal article from that place has commenced.
(5) Without limiting the meaning of references in this section to a person attempting to export an object, a person shall be taken to attempt to export an object if the person conveys, or has possession of, the object with intent to export it or knowing that it is intended to be exported.
(6) For the purposes of this section, a person who exports or attempts to export an Australian protected object shall be taken to export, or attempt to export, the object otherwise than in accordance with a permit or certificate unless, before exporting or attempting to export the object, the person produces a permit or certificate authorising the export:
(a) where the export is not from an external Territory to an officer of Customs; or
(b) where the export is from an external Territory--to an inspector performing duties in relation to the export of Australian protected objects.
(b) omit to perform an act.