Commonwealth Consolidated Acts

CHARTER OF THE UNITED NATIONS ACT 1945 - SECT 27

Individuals

  (1)   An individual commits an offence if:

  (a)   the individual engages in conduct; and

  (b)   the conduct contravenes a UN sanction enforcement law.

  (2)   An individual commits an offence if:

  (a)   the individual engages in conduct; and

  (b)   the conduct contravenes a condition of a licence, permission, consent, authorisation or approval (however described) under a UN sanction enforcement law.

  (3)   An offence under subsection   ( 1) or (2) is punishable on conviction by imprisonment for not more than 10 years or 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 UN sanction enforcement law.

  (6)   A body corporate commits an offence if:

  (a)   the body corporate engages in conduct; and

  (b)   the conduct contravenes a condition of a licence, permission, consent, authorisation or approval (however described) under a UN sanction enforcement law.

  (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 a matter in subsection   ( 7) (see section   13.4 of the Criminal Code ).

  (8)   An offence under 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 under 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.

Definitions

  (10)   In this section:

"engage in conduct" means:

  (a)   do an act; or

  (b)   omit to perform an act.