Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) In this regulation:
"authorised person" means a person authorised under subregulation (6).
"listed goods" means:
(a) export sanctioned goods mentioned in subregulation 5(1) of the Charter of the United Nations (Sanctions--Iran) Regulations 2008 ; and
(b) goods specified in a prohibition notice issued under regulation 5A of the Charter of the United Nations (Sanctions--Iran) Regulations 2008 and in force.
Note for paragraph (a): Export sanctioned goods include arms and related matériel that are defined in regulation 4 of the Charter of the United Nations (Sanctions-- Iran) Regulations 2008 .
"specified entity" means an entity specified in a legislative instrument made for subparagraph 17E(2)(a)(i) of the Charter of the United Nations (Sanctions--Iran) Regulations 2008.
(2) The exportation of listed goods, the immediate or final destination of which is, or is intended to be, Iran is prohibited unless the written permission of the Foreign Minister or an authorised person is shown to a Collector at or before the time of exportation.
(2AA) If:
(a) a person exporting, or intending to export goods (including listed goods), is:
(i) an Australian national; or
(ii) subject to Australian jurisdiction; or
(iii) an entity incorporated in Australia; or
(iv) an entity subject to Australian jurisdiction; and
(b) the goods are to be exported in the course of the conduct of business by the person with:
(i) a specified entity; or
(ii) an individual or entity acting on behalf of, or under the direction of, the specified entity; or
(iii) an entity owned or controlled, whether or not by illicit means, by the specified entity; and
(c) the business is not authorised in accordance with regulation 17F of the Charter of the United Nations (Sanctions--Iran) Regulations 2008 ;
the exportation of goods is prohibited, unless the written permission of the Foreign Minister or an authorised person is shown to a Collector at or before the time of exportation.
(2A) An application for the written permission of the Foreign Minister or an authorised person mentioned in subregulation (2) must:
(a) be in the approved form; and
(b) contain the information required by the approved form; and
(c) be signed as indicated by the approved form.
(3) A permission to export goods granted under subregulation (2) or (2AA) may state, in relation to the exportation:
(a) conditions or requirements, including times for compliance, to which the exportation is subject; and
(b) the quantity of the goods that may be exported; and
(c) the circumstances in which the goods may be exported.
(4) When deciding whether to give permission under subregulation (2) or (2AA), the Foreign Minister or an authorised person must take into account:
(a) Australia's relations with other countries; and
(b) Australia's obligations under international law.
(5) The Foreign Minister may revoke or modify a permission granted under subregulation (2) or (2AA) if the Foreign Minister is satisfied on reasonable grounds that:
(a) a condition or requirement of the permission has not been complied with, or is unlikely to be complied with unless modified; or
(b) permitting, or continuing to permit, the exportation of goods in accordance with the permission would breach Australia's international obligations or otherwise damage Australia's international relations.
(6) The Foreign Minister may authorise an SES employee of the Department of Foreign Affairs and Trade to give permissions under this regulation.