Maintenance of Racial Harmony Act 2025 · s 29

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—(1) If a foreign influence restraining order against a designated entity is not complied with —(a)the entity commits an offence; and(b)each person who is a member of the governing body of the entity when the non‑compliance took place, or at any time while the non‑compliance was ongoing, also commits an offence.(2) To avoid doubt, a person’s liability under subsection (1)(b) is not affected by the fact that the person is or may be liable to be removed under a removal direction or a foreign influence restraining order.(3) In any proceedings for an offence under subsection (1)(a), it is a defence for the accused to prove, on a balance of probabilities, that the accused took all reasonable steps to comply with the foreign influence restraining order.(4) In any proceedings for an offence under subsection (1)(b), it is a defence for the accused to prove, on a balance of probabilities, that the accused took all reasonable steps to ensure that the entity complies with the foreign influence restraining order.(5) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both; and(b)in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 years or to both.
If a foreign influence restraining order against a designated entity is not complied with —(a)the entity commits an offence; and(b)each person who is a member of the governing body of the entity when the non‑compliance took place, or at any time while the non‑compliance was ongoing, also commits an offence.
To avoid doubt, a person’s liability under subsection (1)(b) is not affected by the fact that the person is or may be liable to be removed under a removal direction or a foreign influence restraining order.
In any proceedings for an offence under subsection (1)(a), it is a defence for the accused to prove, on a balance of probabilities, that the accused took all reasonable steps to comply with the foreign influence restraining order.
In any proceedings for an offence under subsection (1)(b), it is a defence for the accused to prove, on a balance of probabilities, that the accused took all reasonable steps to ensure that the entity complies with the foreign influence restraining order.
A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both; and(b)in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 years or to both.

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s 29Offence if foreign influence restraining order not complied with

(1)

If a foreign influence restraining order against a designated entity is not complied with —

(a)

the entity commits an offence; and

(b)

each person who is a member of the governing body of the entity when the non‑compliance took place, or at any time while the non‑compliance was ongoing, also commits an offence.

(2)

To avoid doubt, a person’s liability under subsection (1)(b) is not affected by the fact that the person is or may be liable to be removed under a removal direction or a foreign influence restraining order.

(3)

In any proceedings for an offence under subsection (1)(a), it is a defence for the accused to prove, on a balance of probabilities, that the accused took all reasonable steps to comply with the foreign influence restraining order.

(4)

In any proceedings for an offence under subsection (1)(b), it is a defence for the accused to prove, on a balance of probabilities, that the accused took all reasonable steps to ensure that the entity complies with the foreign influence restraining order.

(5)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both; and

(b)

in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 years or to both.