53. Exporting non-conforming consignment of export‑controlled item

the person exports a consignment comprising any export‑controlled item to which this Part applies;

the consignment does not conform to any identifying detail of the consignment that is stated in the export consignment permit;

the person knows, or ought reasonably to know, that the consignment is non‑conforming in a manner mentioned in paragraph (b); and

the export‑controlled item is not failing.

where the person is an individual —

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

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

where the person is not an individual —

to a fine not exceeding $30,000; or

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

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

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).