Queensland Consolidated Acts

FAIR TRADING ACT 1989 - SECT 45

45 Compliance with embargo notice

(1) A person commits an offence if—

(a) the person knows that an embargo notice has been given; and

(b) the person, contrary to the embargo notice, does an act or omits to do an act.

Penalty—

Maximum penalty—

(a) if the person is a body corporate—200 penalty units; or

(b) if the person is not a body corporate—40 penalty units.

(2) A person commits an offence if—

(a) the person knows that an embargo notice has been given; and

(b) the person causes another person to do an act or to omit to do an act; and

(c) doing the act, or omitting to do the act, is contrary to the embargo notice.

Penalty—

Maximum penalty—

(a) if the person is a body corporate—200 penalty units; or

(b) if the person is not a body corporate—40 penalty units.

(3) Subsections (1) and (2) do not apply in relation to—

(a) an act done under an approval given under section 44 ; or

(b) if the embargo notice relates to goods—an act done to protect or preserve the goods; or

(c) if the embargo notice relates to services—an act done to protect or preserve equipment used to supply the services.

(4) Subsection (5) applies if—

(a) a proceeding is brought against a person for a contravention of subsection (1) or (2) ; and

(b) the person seeks to rely on a matter (the
"relevant matter" ) stated in subsection (3) (a) , (b) or (c) .

(5) The person has an evidential burden in relation to the matter.

(6) For this section, the value of a penalty unit is the same value it has for the time being under the Crimes Act 1914 (Cwlth) for a law of the Commonwealth.