Document ID: chunk:federal_register_of_legislation:C2025C00044:section:74:p2
Version: federal_register_of_legislation:C2025C00044
Segment Type: section
Provision Reference: s 74 (pt 2/2)
Character Range: 237257–239151

(5) Strict liability applies to paragraphs (4)(b) and (c).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (6) A person commits an offence if:
 (a) the person is subject to a requirement under subsection (1), (1A), (1B) or (1C); and
 (b) the person engages in conduct; and
 (c) the person's conduct breaches the requirement; and
 (d) the AUSTRAC CEO previously:
 (i) gave the person a direction under subsection 191(2) in relation to subsection (1), (1A), (1B) or (1C) of this section; or
 (ii) accepted an undertaking given by the person under section 197 in relation to subsection (1), (1A), (1B) or (1C) of this section; and
 (e) that was not the only occasion on which the AUSTRAC CEO previously gave such a direction to, or accepted such an undertaking from, the person.
Penalty: Imprisonment for 7 years or 2,000 penalty units, or both.
 (7) Strict liability applies to paragraphs (6)(b) and (c).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (8) A person commits an offence if:
 (a) the person is subject to a requirement under subsection (1), (1A), (1B) or (1C); and
 (b) the person engages in conduct; and
 (c) the person's conduct breaches the requirement; and
 (d) either:
 (i) the person had previously been convicted of an offence against subsection (2), (4) or (6), and that conviction has not been set aside or quashed; or
 (ii) an order had previously been made against the person under section 19B of the Crimes Act 1914 in respect of an offence against subsection (2), (4) or (6), and that order has not been set aside.
Penalty: Imprisonment for 7 years or 2,000 penalty units, or both.
 (9) Strict liability applies to paragraphs (8)(b) and (c).
Note: For strict liability, see section 6.1 of the Criminal Code.

Civil penalty
 (10) Subsections (1), (1A), (1B) and (1C) are civil penalty provisions.

Division 3—Registration of persons