Document ID: chunk:federal_register_of_legislation:C2007A00147:clause:1_27
Version: federal_register_of_legislation:C2007A00147
Segment Type: clause
Provision Reference: sch 1 cl 27
Character Range: 15276–17634

27  Offence—Contravening a UN sanction enforcement law

Individuals

 (1) An individual commits an offence if:
 (a) the individual engages in conduct; and
 (b) the conduct contravenes a UN sanction enforcement law.

 (2) An individual commits an offence if:
 (a) the individual engages in conduct; and
 (b) the conduct contravenes a condition of a licence, permission, consent, authorisation or approval (however described) under a UN sanction enforcement law.

 (3) An offence under subsection (1) or (2) is punishable on conviction by imprisonment for not more than 10 years or a fine not exceeding the amount worked out under subsection (4), or both.

 (4) For the purposes of subsection (3), the amount is:
 (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following:
 (i) 3 times the value of the transaction or transactions;
 (ii) 2,500 penalty units; or
 (b) otherwise—2,500 penalty units.

Bodies corporate

 (5) A body corporate commits an offence if:
 (a) the body corporate engages in conduct; and
 (b) the conduct contravenes a UN sanction enforcement law.

 (6) A body corporate commits an offence if:
 (a) the body corporate engages in conduct; and
 (b) the conduct contravenes a condition of a licence, permission, consent, authorisation or approval (however described) under a UN sanction enforcement law.

 (7) Subsection (5) or (6) does not apply if the body corporate proves that it took reasonable precautions, and exercised due diligence, to avoid contravening that subsection.

Note: The body corporate bears a legal burden in relation to a matter in subsection (7) (see section 13.4 of the Criminal Code).

 (8) An offence under subsection (5) or (6) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

 (9) An offence under subsection (5) or (6) is punishable on conviction by a fine not exceeding:
 (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following:
 (i) 3 times the value of the transaction or transactions;
 (ii) 10,000 penalty units; or
 (b) otherwise—10,000 penalty units.

Definitions

 (10) In this section:

engage in conduct means:
 (a) do an act; or
 (b) omit to perform an act.