Commonwealth Consolidated Regulations

CHARTER OF THE UNITED NATIONS (SANCTIONS--CENTRAL AFRICAN REPUBLIC) REGULATION 2014 - REG 8

  (1)   A person contravenes this sub section if:

  (a)   the person makes a sanctioned supply; and

  (b)   the sanctioned supply is not an authorised supply under subsection   ( 6) .

  (2)   For an offence under section   27 of the Act that relates to a contravention of subsection   ( 1), s trict liability applies to the circumstance that the making of the sanctioned supply is not authorised by a permit under section   9 .

Note:   For strict liability, see section   6.1 of the Criminal Code .

  (3)   Section   15.1 of the Criminal Code (Extended geographical jurisdiction--category A) applies to an offence under section   27 of the Act that relates to a contravention of subsection   ( 1).

Note:   This has the effect that the offence has extraterritorial operation.

  (4)   A person contravenes this subsection if the person, whether or not in Australia, and whether or not an Australian citizen:

  (a)   uses the services of an Australian ship or an Australian aircraft to transport export sanctioned goods in the course of, or for the purpose of, making a sanctioned supply; and

  (b)   the sanctioned supply is not an authorised supply under subsection   ( 6) .

  (5)   A body corporate contravenes this sub section if:

  (a)   the body corporate has effective control over the actions of another body corporate or entity, wherever incorporated or situated; and

  (b)   the other body corporate or entity makes a sanctioned supply; and

  (c)   the sanctioned supply is not an authorised supply under subsection   ( 6) .

  (6)   An authorised supply is a sanctioned supply that is authorised by :

  (a)   a permit under section   9 ; or

  (b)   for a supply, sale or transfer in or from a foreign country--a permit:

  (i)   granted by the foreign country; and

  (ii)   properly granted by the foreign country; and

  (iii)   granted in a way that accords with the foreign country ' s obligations under Resolution 2127 and any other relevant resolution.

Note:   Other relevant resolutions could in 2014 be viewed on the United Nations ' website ( http:// www.un.org).

  ( 7 )   A defendant to a charge under section   27 of the Act that relates to subsection   ( 1), ( 4 ) or ( 5 ) bears an evidential burden in relation to the matter in subparagraph   ( 6) ( b)(i).

Note:   See section   13.3 of the Criminal Code .

  (8)   For an offence under section   27 of the Act that relates to subsection   ( 1), (4) or (5) , a permit is taken not to have been properly granted for subparagraph   ( 6)(b)(ii) if the prosecution shows that the permit was granted on the basis of:

  (a)   false or misleading information provided by any person; or

  (b)   corrupt conduct by any person.

Note:   This section is specified as a UN sanction enforcement law in the Charter of the United Nations (UN Sanction Enforcement Law) Declaration   2008 .