Document ID: chunk:federal_register_of_legislation:F2016L01181:reg:14
Version: federal_register_of_legislation:F2016L01181
Segment Type: reg
Provision Reference: reg 14
Character Range: 16271–18821

14  Prohibitions relating to the provision of sanctioned services
 (1) A person contravenes this section if:
 (a) the person provides a sanctioned service; and
 (b) it is not an authorised service; and
 (c) if it is provided in relation to a sanctioned supply—the supply is not an authorised supply.
 (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 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 provides a sanctioned service; and
 (c) the sanctioned service is not an authorised service; and
 (d) if the sanctioned service is provided in relation to a sanctioned supply—the supply is not an authorised supply.
 (4) In this section:
authorised service means a sanctioned service that is authorised by:
 (a) a permit under section 15; or
 (b) if the service is provided 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.
authorised supply means a sanctioned supply that is authorised by:
 (a) a permit under section 11; or
 (b) if the supply, sale or transfer takes place 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 2231.
 (5) A defendant to a charge under section 27 of the Act that relates to subsection (1) or (3) bears an evidential burden in relation to:
 (a) the matter in subparagraph (b)(i) of the definition of authorised service in subsection (4); and
 (b) the matter in subparagraph (b)(i) of the definition of authorised supply in subsection (4).
 (6) For paragraph (b) of the definitions of authorised service and of authorised supply in subsection (4), 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.