16Offence—contravening a sanction law

#### 16 Offence—contravening a sanction law Individuals (1) An individual commits an offence if: (a) the individual engages in conduct; and (b) the conduct contravenes a sanction law. (2) An individual commits an offence if: (a) the individual engages in conduct; and (b) the conduct contravenes a condition of an authorisation (however described) under a sanction law. > Note: Example: An example of an authorisation is a licence, permission, consent or approval. (3) An offence against subsection (1) or (2) is punishable on conviction by imprisonment for not more than 10 years, a fine not exceeding the amount worked out under subsection (4), or both. (4) For the purposes of subsection (3), the amount is: (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following: (i) 3 times the value of the transaction or transactions; (ii) 2,500 penalty units; or (b) otherwise—2,500 penalty units. Bodies corporate (5) A body corporate commits an offence if: (a) the body corporate engages in conduct; and (b) the conduct contravenes a sanction law. (6) A body corporate commits an offence if: (a) the body corporate engages in conduct; and (b) the conduct contravenes a condition of an authorisation (however described) under a sanction law. > Note: Example: An example of an authorisation is a licence, permission, consent or approval. (7) Subsection (5) or (6) does not apply if the body corporate proves that it took reasonable precautions, and exercised due diligence, to avoid contravening that subsection. > Note: The body corporate bears a legal burden in relation to the matter in subsection (7): see section 13.4 of the Criminal Code. (8) An offence against subsection (5) or (6) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. (9) An offence against subsection (5) or (6) is punishable on conviction by a fine not exceeding: (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following: (i) 3 times the value of the transaction or transactions; (ii) 10,000 penalty units; or (b) otherwise—10,000 penalty units. Definition (10) In this section: > engage in conduct means: (a) do an act; or (b) omit to perform an act.