Document ID: chunk:federal_register_of_legislation:F2016L01181:reg:10
Version: federal_register_of_legislation:F2016L01181
Segment Type: reg
Provision Reference: reg 10
Character Range: 9097–11256

10  Prohibitions relating to a sanctioned supply
 (1) A person contravenes this section if:
 (a) the person makes a sanctioned supply; and
 (b) the sanctioned 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 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 export sanctioned goods in the course of, or for the purpose of, making a sanctioned supply that is not an authorised supply.
 (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 makes a sanctioned supply; and
 (c) the sanctioned supply is not an authorised supply.
 (5) In this section:
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.
 (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 supply in subsection (5).
 (7) For paragraph (b) of the definition of authorised supply 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.