Commonwealth Consolidated Acts

AUTONOMOUS SANCTIONS ACT 2011 - SECT 16

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.