Part 3, Section 16 · Autonomous Sanctions Act 2011

Contents

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:

engage in conduct means:

(a)do an act; or

(b)omit to perform an act.

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.