Commonwealth Consolidated Acts

CHARTER OF THE UNITED NATIONS ACT 1945 - SECT 20

Offence for individuals

  (1)   An individual commits an offence if:

  (a)   the individual holds an asset; and

  (b)   the individual :

  (i)   uses or deals with the asset; or

  (ii)   allows the asset to be used or dealt with; or

  (iii)   facilitates the use of the asset or dealing with the asset; and

  (c)   the asset is a freezable asset; and

  (d)   the use or dealing is not in accordance with a notice under section   22.

  (2)   Strict liability applies to the circumstance that the use or dealing with the asset is not in accordance with a notice under section   22.

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

  (3)   It is a defence if the individual proves that the use or dealing was solely for the purpose of preserving the value of the asset.

Note:   The individual bears a legal burden in relation to a matter in subsection   ( 3) (see section   13.4 of the Criminal Code ).

Penalty for individuals

  (3A)   An offence under subsection   ( 1) is punishable on conviction by imprisonment for not more than 10 years or a fine not exceeding the amount worked out under subsection   ( 3B), or both.

  (3B)   For the purposes of subsection   ( 3A), 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.

Offence for bodies corporate

  (3C)   A body corporate commits an offence if:

  (a)   the body corporate holds an asset; and

  (b)   the body corporate:

  (i)   uses or deals with the asset; or

  (ii)   allows the asset to be used or dealt with; or

  (iii)   facilitates the use of the asset or dealing with the asset; and

  (c)   the asset is a freezable asset; and

  (d)   the use or dealing is not in accordance with a notice under section   22.

  (3D)   An offence under subsection   ( 3C) is an offence of strict liability.

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

  (3E)   It is a defence if the body corporate proves that:

  (a)   the use or dealing was solely for the purpose of preserving the value of the asset; or

  (b)   the body corporate took reasonable precautions, and exercised due diligence, to avoid contravening subsection   ( 3C).

Note:   The body corporate bears a legal burden in relation to a matter in subsection   ( 3E) (see section   13.4 of the Criminal Code ).

Penalty for bodies corporate

  (3F)   An offence under subsection   ( 3C) 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.

  (4)   Section   15.1 of the Criminal Code (extended geographical jurisdiction--category A) applies to an offence against subsection   ( 1) or (3C) .