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ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING (IRAN COUNTERMEASURES) REGULATION 2014 (SLI NO 35 OF 2014) - REG 8

Transaction exemption

             (1)  A person may apply for a transaction to be exempt from section 7.

             (2)  The application must be made to the Foreign Affairs Department in a form approved by the Secretary.

             (3)  The Secretary may exempt the transaction from section 7 if the Secretary considers it appropriate to do so having regard to:

                     (a)  the objects of the Act; and

                     (b)  whether the transaction is necessary for the provision of a basic expense, including the following:

                              (i)  foodstuffs;

                             (ii)  rent or mortgage;

                            (iii)  medicines or medical treatment;

                            (iv)  taxes;

                             (v)  insurance premiums;

                            (vi)  public utility charges;

                           (vii)  reasonable professional fees;

                          (viii)  reimbursement of expenses associated with the provision of legal services; and

                     (c)  whether the transaction is legally required because it is necessary to satisfy a judicial, administrative or arbitral lien or judgment that was made before 1 March 2012; and

                     (d)  whether the transaction is contractually required under a contract, agreement, or obligation made before 1 March 2012; and

                     (e)  whether the transaction is a significant trade transaction that, if not completed, would have an adverse effect on Australia's trade relationship with Iran or the viability of an Australian business; and

                      (f)  whether the transaction is a humanitarian transaction related to the provision of aid or humanitarian services.

             (4)  The Secretary is taken to have exempted the transaction if:

                     (a)  the Secretary does not give the person, within 28 days after the application is made, either:

                              (i)  written notice of a decision under subsection (3); or

                             (ii)  written notice that the application is still being considered; or

                     (b)  the Secretary gives the person written notice (within 28 days after the application is made) that the application is still being considered, but does not give the person written notice of a decision under subsection (3) within 56 days after the application is made.



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