Commonwealth Numbered Regulations

FOREIGN AFFAIRS LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) REGULATIONS 2002 (NO. 1) 2002 NO. 37 - SCHEDULE 3

(regulation 5)

[1] Subregulation 4 (1)

substitute

(1)

A person in Australia, or a citizen of Australia who is outside Australia, must not enter into, or continue to engage in, a commercial transaction to sell or supply, for delivery to a place in Sierra Leone, an item mentioned in subregulation (2).

Penalty:
50 penalty units.

(1A)

Strict liability applies in subregulation (1) to the circumstance that the item was mentioned in subregulation (2).

(1B)

It is a defence to a prosecution against subregulation (1) if:

(a)

the item was sold or supplied to the Government of Sierra Leone and was to be delivered through a point of entry stated in Schedule 1; or

(b)

the item was sold or supplied for the sole use in Sierra Leone of:

(i)

the Military Observer Group of ECOWAS; or

(ii)

the United Nations.

Note 1
For strict liability , see section 6.1 of the Criminal Code .
Note 2
A defendant bears an evidential burden in relation to the matters set out in subregulation (1B) (see section 13.3 of the Criminal Code ).

[2] Regulation 5

substitute

5 Restriction on use of Australian aircraft and ships

(1)

The owner, pilot in command or operator of an aircraft registered in Australia under the Civil Aviation Act 1988 must not allow the aircraft to be used in relation to a matter proscribed by regulation 4.

Penalty:
50 penalty units.

(2)

The owner, master or operator of a ship registered in Australia under the Shipping Registration Act 1981 must not allow the ship to be used in relation to a matter proscribed by regulation 4.

Penalty:
50 penalty units.

(3)

Strict liability applies:

(a)

in subregulation (1) to the circumstances that:

(i)

registration of the aircraft was under the Civil Aviation Act 1988 ; and

(ii)

the matter was proscribed by regulation (4); and

(b)

in subregulation (2) to the circumstances that:

(i)

registration of the ship was under the Shipping Registration Act 1981 ; and

(ii)

the matter was proscribed by regulation (4).

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

(4)

This regulation has extra-territorial operation, according to its terms.

[3] Subregulation 6 (1), at the foot

insert

Penalty:
50 penalty units.

[4] Subregulation 6 (2), penalty

omit

[5] After subregulation 6 (2)

insert

(3)

An offence against this regulation is an offence of strict liability.

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