Commonwealth Consolidated Acts

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

(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 is guilty of 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).