International Trade Integrity Act 2007 (147 of 2007)
Schedule 1 Enforcing UN sanctions
Charter of the United Nations Act 1945
26 After Part 4
Insert:
Part 5 - Offences relating to UN sanctions
27 Offence - Contravening a UN sanction enforcement law
Individuals
(1) An individual commits an offence if:
(a) the individual engages in conduct; and
(b) the conduct contravenes a UN sanction enforcement law.
(2) An individual commits an offence if:
(a) the individual engages in conduct; and
(b) the conduct contravenes a condition of a licence, permission, consent, authorisation or approval (however described) under a UN sanction enforcement law.
(3) An offence under subsection (1) or (2) is punishable on conviction by imprisonment for not more than 10 years or 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 UN sanction enforcement law.
(6) A body corporate commits an offence if:
(a) the body corporate engages in conduct; and
(b) the conduct contravenes a condition of a licence, permission, consent, authorisation or approval (however described) under a UN sanction enforcement law.
(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 a matter in subsection (7) (see section 13.4 of the Criminal Code).
(8) An offence under 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 under 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.
Definitions
(10) In this section:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
28 Offence - False or misleading information given in connection with a UN sanction enforcement law
(1) A person commits an offence if:
(a) the person gives information or a document to a Commonwealth entity; and
(b) the information or document is given in connection with the administration of a UN sanction enforcement law; and
(c) the information or document:
(i) is false or misleading; or
(ii) omits any matter or thing without which the information or document is misleading.
Penalty: Imprisonment for 10 years or 2,500 penalty units, or both.
(2) A person (the first person ) commits an offence if:
(a) the first person gives information or a document to another person; and
(b) the first person is reckless as to whether the other person or someone else will give the information or document to a Commonwealth entity in connection with the administration of a UN sanction enforcement law; and
(c) the information or document:
(i) is false or misleading; or
(ii) omits any matter or thing without which the information or document is misleading.
Penalty: Imprisonment for 10 years or 2,500 penalty units, or both.
(3) Subsection (1) or (2) does not apply:
(a) as a result of subparagraph (1)(c)(i) or (2)(c)(i) - if the information or document is not false or misleading in a material particular; or
(b) as a result of subparagraph (1)(c)(ii) or (2)(c)(ii) - if the information or document did not omit any matter or thing without which the information or document is misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).
Geographical application of offences
(4) Section 15.1 of the Criminal Code (extended geographical jurisdiction - category A) applies to an offence against subsection (1) or (2).
Part 6 - Information relating to UN sanctions
29 CEO of Commonwealth entity may give information or document
(1) The CEO of a Commonwealth entity may give any information or document to the CEO of a designated Commonwealth entity for a purpose in connection with the administration of a UN sanction enforcement law.
(2) Subsection (1) applies despite any other law of the Commonwealth, a State or a Territory.
30 Power to require information or documents to be given
(1) The CEO of a designated Commonwealth entity may, for the purpose of determining whether a UN sanction enforcement law has been or is being complied with, give a person a written notice requiring the person to do either or both of the following:
(a) to give the CEO information of the kind, by the time and in any manner or form, specified in the notice;
(b) to give the CEO documents of the kind, by the time and in any manner, specified in the notice.
(2) The person must comply with the notice despite any other law of the Commonwealth, a State or a Territory.
(3) The time specified in the notice must be reasonable, having regard to all the circumstances.
(4) The person may, before the time specified in the notice, request the CEO to extend the time by which the information or documents must be given.
(5) The CEO may, by written notice given to the person, vary the notice under subsection (1) to specify a later time by which the information or documents must be given.
(6) Subsection (5) does not limit the application of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (1).
Note: Subsection 33(3) of the Acts Interpretation Act 1901 deals with revocation and variation etc. of instruments.
(7) Subsection (1) does not apply if:
(a) the person is the Commonwealth or a Commonwealth entity; or
(b) the person:
(i) is, or has at any time been, an officer of a Commonwealth entity; and
(ii) obtained or generated the information or document in the course of carrying out his or her duties as an officer of the Commonwealth entity.
31 Information may be required to be given on oath
(1) The CEO may require the information to be verified by, or given on, oath or affirmation.
(2) The oath or affirmation is an oath or affirmation that the information is true.
32 Offence for failure to comply with requirement
(1) A person commits an offence if:
(a) the person has been given a notice under section 30; and
(b) the person does not comply with the notice.
Penalty: Imprisonment for 12 months.
(2) Section 15.1 of the Criminal Code (extended geographical jurisdiction - category A) applies to an offence against subsection (1).
33 Self-incrimination not an excuse
(1) An individual is not excused from giving information or a document under section 30 on the ground that the information, or the giving of the document, might tend to incriminate the individual or otherwise expose the individual to a penalty or other liability.
(2) However, neither the information given nor the giving of the document is admissible in evidence against the individual in any criminal proceedings, or in any proceedings that would expose the individual to a penalty, other than proceedings for an offence against:
(a) section 28 (false or misleading information given in connection with a UN sanction enforcement law); or
(b) section 32 (failure to comply with requirement to give information or document).
34 CEO may copy documents
If a person gives a document to the CEO of a designated Commonwealth entity under section 30, the CEO:
(a) may take and keep a copy of the document; and
(b) must return the document to the person within a reasonable time.
35 Further disclosure and use of information and documents
Disclosure and use of information etc. within entity
(1) An officer of a designated Commonwealth entity may do any of the following for a purpose in connection with the administration of a UN sanction enforcement law or with a decision of the Security Council referred to in section 6:
(a) copy, make a record of or use, any information or document;
(b) disclose any information, or give any document, to another officer of that entity.
Disclosure outside of entity
(2) A CEO of a designated Commonwealth entity may disclose any information or give any document to any of the following for a purpose in connection with the administration of a UN sanction enforcement law or with a decision of the Security Council referred to in section 6:
(a) a Minister of the Commonwealth, a State or a Territory;
(b) the CEO of another Commonwealth entity;
(c) a State or Territory entity;
(d) a foreign government entity;
(e) a public international organisation;
(f) a person specified in an instrument under subsection (3).
(3) The Minister may, by legislative instrument, specify a person for the purposes of paragraph (2)(f).
(4) Subsections (1) and (2) apply despite any other law of the Commonwealth, a State or a Territory.
36 Protection from liability
(1) A person who, in good faith, gives, discloses, copies, makes a record of or uses information or a document under section 29, 30, 34 or 35 is not liable:
(a) to any proceedings for contravening any other law because of that conduct; or
(b) to civil proceedings for loss, damage or injury of any kind suffered by another person because of that conduct.
(2) Subsection (1) does not prevent the person from being liable to a proceeding for conduct of the person that is revealed by the information or document.
37 Retention of records and documents
(1) A person who applies for a licence, permission, consent, authorisation or approval under a UN sanction enforcement law (a relevant authorisation ) must retain any records or documents relating to that application for the period of 5 years beginning on:
(a) if the relevant authorisation was granted - the last day on which an action to which the relevant authorisation relates was done; or
(b) if the relevant authorisation was not granted - the day on which the application was made.
(2) A person who is granted a licence, permission, consent, authorisation or approval under a UN sanction enforcement law (a relevant authorisation ) must retain any records or documents relating to the person's compliance with any conditions to which the relevant authorisation is subject for the period of 5 years beginning on the last day on which an action to which the relevant authorisation relates was done.
Note: A person may commit an offence if the person fails to give under section 30 a record or document that is required to be retained under this section: see section 32.
38 Delegation
(1) The CEO of a Commonwealth entity may, by written instrument, delegate all or any of his or her powers or functions under this Part to:
(a) an SES employee or acting SES employee of the entity; or
(b) an employee of the entity of equivalent rank to an SES employee.
(2) In exercising powers or performing functions delegated under subsection (1), the delegate must comply with any directions of the CEO.
Part 7 - Miscellaneous
39 Regulations
The Governor-General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.