Australian sanction laws apply broadly, including to activities:
- in Australia;
- by Australian citizens and Australian-registered bodies corporate overseas; and
- on board Australian-flagged vessels and aircraft.
Contravening a sanctions measure or a sanctions permit
Australian sanction laws establish serious criminal offences for contravening a sanctions measure or a condition of a sanctions permit.
These offences are punishable for individuals by up to 10 years in prison, and/or a fine the greater of $425,000 or three times the value of the transaction.
They are punishable for bodies corporate by a fine the greater of $1.7 million or three times the value of the transaction.
These offences are strict liability offences for bodies corporate, meaning that it is not necessary to prove any fault element (intent, knowledge, recklessness or negligence) for a body corporate to be found guilty.
Giving false or misleading information
Australian sanction laws establish serious criminal offences for giving false or misleading information in connection with the administration of a sanction law.
These offences are punishable by up to 10 years in prison and/or a fine of $425,000.
A sanctions permit is taken never to have been granted if false or misleading information was contained in the application for the permit.
Notice to give information or documents
DFAT may issue a notice requiring a person to give information or documents, including under oath, for the purpose of determining whether a sanction law has been or is being complied with.
The person must comply with the notice despite any other law of the Commonwealth, a State or a Territory.
The person is not excused from complying on the ground that the information or documents might tend to incriminate him or her.
Failure to comply is an offence punishable by 12 months in prison.
DFAT can issue a notice at the request of a person who wants legal coverage to share information or documents with us.