The Australian government has established serious criminal penalties for the breaching of its sanction laws. An individual or a body corporate can commit an offence if they breach either a United Nations Security Council (UNSC) Sanction or an Australian Autonomous Sanction.
The Autonomous Sanctions Act 2011 (Cth) establishes the offences related to breaching Australia’s autonomous sanctions. The offences apply to both individuals and bodies corporate. The conduct that will breach the sanction laws is specified in the Autonomous Sanctions Regulations 2011 (Cth).
Offences and penalties for individuals breaching sanctions
Various offences and penalties for individuals who breach sanction laws are outlined in different sections of the Autonomous Sanctions Act.
| Section | Offence | Liability | Extended Jurisdiction | Penalty |
| 16(1) (Contravening a sanction law) | (1) An individual commits an offence if:
(a) the individual engages in conduct; and (b) the conduct contravenes a sanction law. |
Normal liability. | No. | Penalty is imprisonment or fine, or both.
Imprisonment is up to 10 years. A fine is up to: 1) 2,500 penalty units; or 2) If the offence involved a transaction, the fine is 3 times the value of a transaction or 2,500 penalty units. |
| 16(2) (Contravening conditions of permit to engage in sanctioned conduct) | (2) An individual commits an offence if:
(a) the individual engages in conduct; and (b) the conduct contravenes a condition of an authorisation (however described) under a sanction. |
Normal liability. | No. | Same as under section 16(1) |
| 17(1) (False or misleading information given in connection with a sanction 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 sanction 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. |
Normal liability. | Extended geographical jurisdiction – Category A (Section 15.1 of the Criminal Code)* | Same as under section 16(1) |
| 17(2) (Giving information to a second person who then provides false or misleading information in connection with a UN sanction enforcement law) | (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 sanction 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. |
Normal liability. | Extended geographical jurisdiction – Category A (Section 15.1 of the Criminal Code) | Same as under section 16(1) |
| 21 (Failure to comply with notice to give information by CEO of a Commonwealth entity) | (1) A person commits an offence if:
(a) the person has been given a notice under section 19; and (b) the person does not comply with the notice. |
Normal liability. | Extended geographical jurisdiction – Category A (Section 15.1 of the Criminal Code) | Imprisonment for 12 months. |
Offences and penalties for bodies corporate breaching sanctions
Various offences and penalties for bodies corporate who breach sanction laws are outlined in different sections of the Autonomous Sanctions Act.
| Section | Offence | Liability | Extended Jurisdiction | Penalty |
| 16(5) (Contravening a sanction law) | (5) A body corporate commits this offence if:
(a) the body corporate engages in conduct; and (b) the conduct contravenes a sanction law. |
Strict liability** | No. | A fine not exceeding:
1) 10,000 penalty units; or 2) If the offence involved a transaction, the fine is 3 times the value of a transaction or 10,000 penalty units. |
| 16(6) (Contravening conditions of permit to engage in sanctioned conduct) | (6) A body corporate commits this offence if:
(a) the body corporate engages in conduct; and (b) the conduct contravenes a condition of an authorisation (however described) under a sanction. |
Strict liability | No. | Same as under section 16(5) |
* Extended geographical jurisdiction – Category A (Section 15.1 of the Criminal Code) – this extends the offence’s geographical jurisdiction. Under s 15.1, a person will be liable for this offence if:
- The offence is conducted wholly or partly in Australia, or, completely or partly on board an Australian Aircraft or ship; or
- The conduct constituting the offence occurred outside of Australia but the result of the conduct occurred wholly or partly in Australia, or, completely or partly in on board an Australian Aircraft or ship; or
- The conduct constituting the offence occurred outside of Australia but the person who committed the offence is an Australian citizen, or, the body corporate which committed the offence is incorporated by or under a law of the Commonwealth or of a State or Territory; or
- All of the following conditions are satisfied:
i) the alleged offence is an ancillary offence (an offence related to a primary offence);
ii) the conduct constituting the alleged offence occurs wholly outside Australia;
iii) the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur, wholly or partly in Australia or wholly or partly on board an Australian aircraft or an Australian ship.
** A strict liability offence exists when a defendant is liable for committing an action, regardless of what their intent or mental state was when committing the action. Therefore, the prosecution will not need to prove that the corporation intended to commit the crime, as long as the physical element of committing the offence can be established.
