Section 51 — Unlicensed export of export-controlled item

(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).