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WEAPONS OF MASS DESTRUCTION (PREVENTION OF PROLIFERATION) ACT 1995 - SECT 10 Prohibition on exporting goods for WMD program

WEAPONS OF MASS DESTRUCTION (PREVENTION OF PROLIFERATION) ACT 1995 - SECT 10

Prohibition on exporting goods for WMD program

  (1)   If:

  (a)   a person exports any non - regulated goods; and

  (b)   the person believes or suspects, on reasonable grounds, that the goods will or may be used in a WMD program; and

  (c)   the export of the goods is not authorised by a permit or is in contravention of a condition stated in a permit; and

  (d)   the Minister has not given a written notice to the person under section   12 stating that the Minister has no reason to believe or suspect that the goods will or may be used in a WMD program;

the person commits an offence punishable on conviction by imprisonment for not more than 8 years.

Note:   Subsection   4B(2) of the Crimes Act 1914 allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of the offence, subsection   4B(3) of that Act allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.

  (2)   It is not an offence against subsection   ( 1) for a person to export non - regulated goods if the goods are exported in compliance with conditions stated in a notice given to the person by the Minister under subsection   14(2).