Section 135Y — Competition and Consumer Act 2010 (Cth)

(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.

Related sections

• s 135V — Power of inspectors to secure consumer goods
• s 135W — Power of inspectors to secure equipment used to supply product related services
• s 135X — Consent to supply etc. embargoed consumer goods etc.
• s 135Z — Issue of search warrants
• s 136 — Search warrants by telephone, fax etc.
• s 136A — Offence relating to warrants by telephone, fax etc.

Research how courts apply s 135Y

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