Section 135Y — Competition and Consumer Act 2010: Compliance with embargo notices

(1) A person commits an offence if: (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. Penalty: (a) if the person is a body corporate—200 penalty units; or (b) if the person is not a body corporate—40 penalty units. (2) A person commits an offence if: (a) the person knows that an embargo notice has been given; and (b) the person causes another person: (i) to do an act that is contrary to the embargo notice; or (ii) contrary to the embargo notice, to omit to do an act. Penalty: (a) if the person is a body corporate—200 penalty units; or (b) if the person is not a body corporate—40 penalty units. (3) Subsection (1) or (2) does not apply in relation to: (a) an act done in accordance with a consent given under section 135X; or (b) if the embargo notice relates to consumer goods—an act done for the purpose of protecting or preserving the consumer goods; or (c) if the embargo notice relates to product related services—an act done for the purpose of protecting or preserving equipment used to supply the services. Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code. (4) Strict liability applies to paragraphs (1)(b) and (2)(b). Note: For strict liability, see section 6.1 of the Criminal Code.