Document ID: chunk:federal_register_of_legislation:C2025C00189:section:135y
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 135Y
Character Range: 1664785–1666262

135Y  Compliance with embargo notices
 (1) A person commits an offence if:
 (a) the person knows that an embargo notice has been given; and
 (b) the person, contrary to the embargo notice, does an act or omits to do an act.
Penalty:
 (a) if the person is a body corporate—200 penalty units; or
 (b) if the person is not a body corporate—40 penalty units.
 (2) A person commits an offence if:
 (a) the person knows that an embargo notice has been given; and
 (b) the person causes another person:
 (i) to do an act that is contrary to the embargo notice; or
 (ii) contrary to the embargo notice, to omit to do an act.
Penalty:
 (a) if the person is a body corporate—200 penalty units; or
 (b) if the person is not a body corporate—40 penalty units.
 (3) Subsection (1) or (2) does not apply in relation to:
 (a) an act done in accordance with a consent given under section 135X; or
 (b) if the embargo notice relates to consumer goods—an act done for the purpose of protecting or preserving the consumer goods; or
 (c) if the embargo notice relates to product related services—an act done for the purpose of protecting or preserving equipment used to supply the services.
Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.
 (4) Strict liability applies to paragraphs (1)(b) and (2)(b).
Note: For strict liability, see section 6.1 of the Criminal Code.

Subdivision F—Issue of search warrants