Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 135Y

  (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:

  (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:

  (i)   to do an act that is contrary to the embargo notice; or

  (ii)   contrary to the embargo notice, to omit to do an act.

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)   Subsection   (1) or (2) does not apply in relation to:

  (a)   an act done in accordance with a consent given under section   135X; or

  (b)   if the embargo notice relates to consumer goods--an act done for the purpose of protecting or preserving the consumer goods; or

  (c)   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.

Note:   A defendant bears an evidential burden in relation to the matter in this subsection: see subsection   13.3(3) of the Criminal Code .

  (4)   Strict liability applies to paragraphs   (1)(b) and (2)(b).

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