Contents
Part 3 · Offences relating to sanctions
16Offence—contravening a sanction law#
Individuals
(1)An individual commits an offence if:
(a)the individual engages in conduct; and
(b)the conduct contravenes a sanction law.
(2)An individual commits an offence if:
(a)the individual engages in conduct; and
(b)the conduct contravenes a condition of an authorisation (however described) under a sanction law.
Example: An example of an authorisation is a licence, permission, consent or approval.
(3)An offence against subsection (1) or (2) is punishable on conviction by imprisonment for not more than 10 years, 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 sanction law.
(6)A body corporate commits an offence if:
(a)the body corporate engages in conduct; and
(b)the conduct contravenes a condition of an authorisation (however described) under a sanction law.
Example: An example of an authorisation is a licence, permission, consent or approval.
(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 the matter in subsection (7): see section 13.4 of the Criminal Code.
(8)An offence against 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 against 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.
Definition
(10)In this section:
17Offence—false or misleading information given in connection with a sanction law#
(1)A person commits an offence if:
(a)the person gives information or a document to a Commonwealth entity; and
(b)the information or document is given in connection with the administration of a sanction law; and
(c)the information or document:
(i)is false or misleading; or
(ii)omits any matter or thing without which the information or document is misleading.
Penalty: Imprisonment for 10 years, 2,500 penalty units or both.
(2)A person (the first person) commits an offence if:
(a)the first person gives information or a document to another person; and
(b)the first person is reckless as to whether the other person or someone else will give the information or document to a Commonwealth entity in connection with the administration of a sanction law; and
(c)the information or document:
(i)is false or misleading; or
(ii)omits any matter or thing without which the information or document is misleading.
Penalty: Imprisonment for 10 years, 2,500 penalty units or both.
(3)Subsection (1) or (2) does not apply:
(a)as a result of subparagraph (1)(c)(i) or (2)(c)(i) if the information or document is not false or misleading in a material particular; or
(b)as a result of subparagraph (1)(c)(ii) or (2)(c)(ii) if the information or document did not omit any matter or thing without which the information or document is misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.
Geographical application of offences
(4)Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1) or (2).
Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.