Foreign Affairs and Trade Legislation Amendment (Application of Criminal Code) Act 2001 (35 of 2001)

Schedule 1 Amendment of Acts

Repeal the subsection, substitute:

(1) A person is guilty of an offence if:

(a) the person engages in conduct; and

(b) the conduct:

(i) contravenes a condition, or fails to observe a restriction, subject to which a permit or authority is granted; or

(ii) contravenes a direction given or an order made under section 73.

Penalty:

(a) if the offender is a natural person - a fine not exceeding $5,000 or imprisonment for a period not exceeding 2 years, or both; or

(b) if the offender is a body corporate - a fine not exceeding $25,000.

(1A) Subsection (1) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (1A). See subsection 13.3(3) of the Criminal Code.

(1B) In subsection (1):

engage in conduct means:

(a) do an act; or

(b) omit to perform an act.