sec.45Compliance with embargo notice

### sec.45 Compliance with embargo notice 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. Maximum 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 or to omit to do an act; and doing the act, or omitting to do the act, is contrary to the embargo notice. Maximum penalty— if the person is a body corporate—200 penalty units; or if the person is not a body corporate—40 penalty units. Subsections (1) and (2) do not apply in relation to— an act done under an approval given under section 44 ; or if the embargo notice relates to goods—an act done to protect or preserve the goods; or if the embargo notice relates to services—an act done to protect or preserve equipment used to supply the services. Subsection (5) applies if— a proceeding is brought against a person for a contravention of subsection (1) or (2) ; and the person seeks to rely on a matter (the relevant matter ) stated in subsection (3) (a) , (b) or (c) . The person has an evidential burden in relation to the matter. For this section, the value of a penalty unit is the same value it has for the time being under the Crimes Act 1914 (Cwlth) for a law of the Commonwealth. s 45 amd 1994 No. 36 s 2 sch ; 1997 No. 12 s 15 sub 2010 No. 54 s 18 (sec.45-ssec.1) 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. Maximum penalty— if the person is a body corporate—200 penalty units; or if the person is not a body corporate—40 penalty units. (sec.45-ssec.2) 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 or to omit to do an act; and doing the act, or omitting to do the act, is contrary to the embargo notice. Maximum penalty— if the person is a body corporate—200 penalty units; or if the person is not a body corporate—40 penalty units. (sec.45-ssec.3) Subsections (1) and (2) do not apply in relation to— an act done under an approval given under section 44 ; or if the embargo notice relates to goods—an act done to protect or preserve the goods; or if the embargo notice relates to services—an act done to protect or preserve equipment used to supply the services. (sec.45-ssec.4) Subsection (5) applies if— a proceeding is brought against a person for a contravention of subsection (1) or (2) ; and the person seeks to rely on a matter (the relevant matter ) stated in subsection (3) (a) , (b) or (c) . (sec.45-ssec.5) The person has an evidential burden in relation to the matter. (sec.45-ssec.6) For this section, the value of a penalty unit is the same value it has for the time being under the Crimes Act 1914 (Cwlth) for a law of the Commonwealth. - (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. - (a) if the person is a body corporate—200 penalty units; or - (b) if the person is not a body corporate—40 penalty units. - (a) the person knows that an embargo notice has been given; and - (b) the person causes another person to do an act or to omit to do an act; and - (c) doing the act, or omitting to do the act, is contrary to the embargo notice. - (a) if the person is a body corporate—200 penalty units; or - (b) if the person is not a body corporate—40 penalty units. - (a) an act done under an approval given under section 44 ; or - (b) if the embargo notice relates to goods—an act done to protect or preserve the goods; or - (c) if the embargo notice relates to services—an act done to protect or preserve equipment used to supply the services. - (a) a proceeding is brought against a person for a contravention of subsection (1) or (2) ; and - (b) the person seeks to rely on a matter (the relevant matter ) stated in subsection (3) (a) , (b) or (c) .