Commonwealth Consolidated Acts

CHARTER OF THE UNITED NATIONS ACT 1945 - SECT 21

Offence for individuals

  (1)   An individual commits an offence if:

  (a)   the individual , directly or indirectly, makes an asset available to a person or entity; and

  (b)   the person or entity to whom the asset is made available is a proscribed person or entity; and

  (c)   the making available of the asset is not in accordance with a notice under section   22.

  (2)   Strict liability applies to the circumstance that the making available of the asset is not in accordance with a notice under section   22.

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

Penalty for individuals

  (2A)   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   ( 2B), or both.

  (2B)   For the purposes of subsection   ( 2A), 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

  (2C)   A body corporate commits an offence if:

  (a)   the body corporate, directly or indirectly, makes an asset available to a person or entity; and

  (b)   the person or entity to whom the asset is made available is a proscribed person or entity; and

  (c)   the making available of the asset is not in accordance with a notice under section   22.

  (2D)   An offence under subsection   ( 2C) is an offence of strict liability.

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

  (2E)   It is a defence if the body corporate proves that it took reasonable precautions, and exercised due diligence, to avoid contravening subsection   ( 2C).

Note:   The body corporate bears a legal burden in relation to a matter in subsection   ( 2E) (see section   13.4 of the Criminal Code ).

Penalty for bodies corporate

  (2F)   An offence under subsection   ( 2C) 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.

  (3)   Section   15.1 of the Criminal Code (extended geographical jurisdiction--category A) applies to an offence against subsection   ( 1) or (2C) .