84Failing to give notice

#### 84 Failing to give notice Failing to give notice—general case (1) A person commits an offence if: (a) the person is a foreign person; and (b) the person takes an action (other than because of the operation of section 18A (increasing percentage of interests without acquiring additional interests in securities)); and (c) the action is a notifiable action or notifiable national security action; and (d) a notice is not given under subsection 81(1) in relation to the action before the action is taken. > Note: If a person takes an action by entering an agreement, the action is not taken until the agreement is binding on the person (see subsections 15(4) and (5)). Penalty: Imprisonment for 10 years, or 15,000 penalty units (or 150,000 penalty units if the person is a corporation), or both. Failing to give notice—increasing percentage of interests without acquiring additional interests in securities (2) A person commits an offence if: (a) the person is a foreign person; and (b) the person takes an action because of the operation of section 18A (increasing percentage of interests without acquiring additional interests in securities); and (c) the action is a notifiable action or a notifiable national security action; and (d) the person does not give a notice as required by subsection 81(1A) before the end of 30 days after the action is taken. > Note: The notice may be given before or after the action is taken. Penalty: Imprisonment for 10 years, or 15,000 penalty units (or 150,000 penalty units if the person is a corporation), or both.