Compliance with embargo notices
135Y Compliance with embargo notices
A person commits an offence if:
the person knows that an embargo notice has been given; and
the person, contrary to the embargo notice, does an act or omits to do an act.
Penalty:
if the person is a body corporate—200 penalty units; or
if the person is not a body corporate—40 penalty units.
A person commits an offence if:
the person knows that an embargo notice has been given; and
the person causes another person:
to do an act that is contrary to the embargo notice; or
contrary to the embargo notice, to omit to do an act.
Penalty:
if the person is a body corporate—200 penalty units; or
if the person is not a body corporate—40 penalty units.
Subsection (1) or (2) does not apply in relation to:
an act done in accordance with a consent given under section 135X; or
if the embargo notice relates to consumer goods—an act done for the purpose of protecting or preserving the consumer goods; or
if the embargo notice relates to product related services—an act done for the purpose of protecting or preserving equipment used to supply the services.
A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.
Strict liability applies to paragraphs (1)(b) and (2)(b).
For strict liability, see section 6.1 of the Criminal Code.
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