Document ID: chunk:federal_register_of_legislation:F2016L01181:reg:12
Version: federal_register_of_legislation:F2016L01181
Segment Type: reg
Provision Reference: reg 12
Character Range: 13562–15895

12  Prohibitions relating to import sanctioned goods
 (1) A person contravenes this section if:
 (a) the person procures import sanctioned goods from Iran or from a person or entity in Iran; and
 (b) the procurement is not an authorised procurement.
 (2) Section 15.1 of the Criminal Code 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.
 (3) A person, whether or not in Australia, and whether or not an Australian citizen, contravenes this section if the person uses the services of an Australian ship or an Australian aircraft to transport import sanctioned goods in the course of, or for the purpose of, procuring the goods from Iran or from a person or entity in Iran and the procurement is not an authorised procurement.
 (4) A body corporate contravenes this 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 procures import sanctioned goods from Iran or a person or entity in Iran; and
 (c) the procurement is not an authorised procurement.
 (5) In this section:
authorised procurement means a procurement of import sanctioned goods that is authorised by:
 (a) a permit under section 13; or
 (b) if the procurement takes place in 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 2231.
 (6) A defendant to a charge under section 27 of the Act that relates to subsection (1), (3) or (4) bears an evidential burden in relation to the matter in subparagraph (b)(i) of the definition of authorised procurement in subsection (5).
 (7) For paragraph (b) of the definition of authorised procurement in subsection (5), a permit is taken not to have been properly granted if the prosecution shows that the permit was granted on the basis of false or misleading information provided by any person, or of corrupt conduct by any person.
Note: This section is a UN sanction enforcement law as specified by the Minister under the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.