Penalties

Customs Act 1901

Australia’s export controls are implemented through the Customs Act 1901 and the Customs (Prohibited Exports) Regulations 1958, Regulation 13E. The Customs Act 1901 provides penalties for persons and/or companies who unlawfully attempt to export controlled goods without a permit or licence. The unlawful export of controlled goods, as specified in the DSGL, constitutes a tier 2 offence and could be subject to a fine not exceeding 2,500 penalty units or imprisonment for up to 10 years, or both. In addition the goods as well as a conveyance used for the unlawful export of the goods may be seized and forfeited to the Commonwealth.

Weapons of Mass Destruction (Prevention of Proliferation) Act 1995

The WMD Act imposes substantial criminal penalties for breaching the prohibitions on the supply of tangible and intangible goods and services that may contribute to a WMD program. Criminal penalties of up to eight years imprisonment can be imposed for breaching the WMD Act.

Criminal Code Act 1995

There are also penalties for giving false information when applying for a permit or licence. A person who knowingly makes a statement to a Commonwealth entity that is false or misleading may be prosecuted for an offence against the Criminal Code Act 1995 and, if convicted, faces a penalty of up to 12 months imprisonment.