§ 51 — Unlicensed export of export-controlled item

51.—(1) A person commits an offence if —(a)

the person exports an object or a thing;

(b)

the object or thing is an export‑controlled item to which this Part applies;

(c)

the person knows, or ought reasonably to know, that the object or thing is an export‑controlled item; and

(d)

the person is not one of the following:(i)

a holder of both a current licence to export and a current export consignment permit for that export‑controlled item;

(ii)

a person on whose behalf a person in sub‑paragraph (i) is exporting the export‑controlled item;

(iii)

a person exempt from this section under section 320 or 321 in relation to the export of that export‑controlled item.

(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)

where the person is an individual —(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1).

—(1) A person commits an offence if —(a)

the person exports an object or a thing;

(b)

the object or thing is an export‑controlled item to which this Part applies;

(c)

the person knows, or ought reasonably to know, that the object or thing is an export‑controlled item; and

(d)

the person is not one of the following:(i)

a holder of both a current licence to export and a current export consignment permit for that export‑controlled item;

(ii)

a person on whose behalf a person in sub‑paragraph (i) is exporting the export‑controlled item;

(iii)

a person exempt from this section under section 320 or 321 in relation to the export of that export‑controlled item.

(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)

where the person is an individual —(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1).