131Liability of the Commonwealth to pay criminal or civil penalties

131 Liability of the Commonwealth to pay criminal or civil penalties

(1) This section applies if: (a) the Commonwealth has committed an offence against this Act and would be liable to pay a criminal penalty; or (b) the Commonwealth has contravened a civil penalty provision of this Act and would be liable to pay a civil penalty. (2) The Commonwealth is not liable to pay a criminal or civil penalty under this Act. However, it is the Parliament’s intention that the Commonwealth should be notionally liable to pay such a penalty. (3) The Finance Minister may give such written directions as are necessary or convenient for carrying out or giving effect to subsection (2) and, in particular, may give directions in relation to the transfer of money from an account operated by the Department to another account operated by the Commonwealth. (4) Directions under subsection (3) have effect, and must be complied with, despite any other Commonwealth law.