Document ID: chunk:federal_register_of_legislation:C2004C01260:clause:1_75azl
Version: federal_register_of_legislation:C2004C01260
Segment Type: clause
Provision Reference: sch 1 cl 75AZL
Character Range: 61591–63074

75AZL  Accepting payment without intending or being able to supply as ordered

 (1) If:
 (a) a corporation, in trade or commerce, accepts payment or other consideration for goods or services; and
 (b) at the time of acceptance, the corporation intends:
 (i) not to supply the goods or services; or
 (ii) to supply goods or services materially different from the goods or services in respect of which the payment or other consideration is accepted;
the corporation is guilty of an offence punishable on conviction of a fine not exceeding 2,000 penalty units.

 (2) Strict liability applies to paragraph (1)(a).

Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2: For strict liability, see section 6.1 of the Criminal Code.

 (3) If:
 (a) a corporation, in trade or commerce, accepts payment or other consideration for goods or services; and
 (b) at the time of acceptance, there are reasonable grounds for believing that the corporation will not be able to supply the goods or services within the period specified by the corporation or, if no period is specified, within a reasonable time;
the corporation is guilty of an offence punishable on conviction by a fine not exceeding 2,000 penalty units.

 (4) Subsection (3) is an offence of strict liability.

Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2: For strict liability, see section 6.1 of the Criminal Code.