Commonwealth Consolidated Regulations

CHARTER OF THE UNITED NATIONS (SANCTIONS--LIBYA) REGULATIONS 2011 - REG 12

  (1)   A person contravenes this subregulation   if:

  (a)   the person holds a controlled asset; and

  (b)   the person:

  (i)   uses or deals with the controlled asset; or

  (ii)   allows the controlled asset to be used or dealt with; or

  (iii)   facilitates the use of, or the dealing with, the controlled asset; and

  (c)   the use or dealing is not authorised by a permit under regulation   12C or 13A.

  (2)   Subregulation (1) does not apply in relation to a controlled asset that:

  (a)   is owned or controlled by:

  (i)   the Libyan Investment Authority; or

  (ii)   the Libyan Africa Investment Portfolio; and

  (b)   was not outside Libya and frozen on 16   September 2011.

Note:   A defendant bears an evidential burden in relation to the matter in subregulation   (2): see subsection   13.3(3) of the Criminal Code .

  (3)   For an offence under section   27 of the Act that relates to a contravention of subregulation   (1) by an individual, strict liability applies to the circumstance that the use of, or dealing with, the asset is not authorised by a permit under regulation   12C or 13A.

  (4)   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 subregulation   (1).

Note 1:   Subregulation (4) has the effect that the offence has extraterritorial operation.

Note 2:   This regulation is specified as a UN sanction enforcement law in the Charter of the United Nations (UN Sanction Enforcement Law) Declaration   2008 .