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FAIR TRADING ACT 1989 - SECT 45

Compliance with embargo notice

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.



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