Document ID: chunk:federal_register_of_legislation:F2016L01181:reg:11
Version: federal_register_of_legislation:F2016L01181
Segment Type: reg
Provision Reference: reg 11
Character Range: 11256–13562

11  Permit to make a sanctioned supply
 (1) The Minister may grant a person a permit authorising the making of a sanctioned supply of goods if:
 (a) the goods are permissible goods and all of the following apply:
 (i) the requirements of the guidelines in INFCIRC/254/Part 1 or INFCIRC/254/Part 2, as appropriate, have been met;
 (ii) Australia has obtained a right to verify the end‑use and end‑use location for any goods that are supplied;
 (iii) Australia is in a position to exercise that right effectively; or
 (b) all of the following apply:
 (i) the goods are set out INFCIRC/254/Part 1 or INFCIRC/254/Part 2, or have been determined by the Minister under paragraph 6(2)(a);
 (ii) the supply of the goods has been approved in advance by the Security Council;
 (iii) the requirements of the guidelines in INFCIRC/254/Part 1 or INFCIRC/254/Part 2, as appropriate, have been met;
 (iv) Australia has obtained, and is in a position to exercise effectively, a right to verify the end use and end use location of the goods; or
 (c) the goods are determined under subsection 6(2) and the Minister has determined that the supply is not a supply that could contribute to reprocessing or enrichment‑related or heavy water‑related activities inconsistent with the JCPOA, or to the development of nuclear weapons delivery systems; or
 (d) all of the following apply:
 (i) the goods are set out in S/2015/546 or determined under paragraph 6(2)(b);
 (ii) the supply of the goods has been approved in advance by the Security Council;
 (iii) the contract for delivery of the goods includes appropriate end‑user guarantees;
 (iv) the Minister has obtained a commitment from the Government of Iran not to use the goods for the development of nuclear weapon delivery systems; or
 (e) the goods are covered by paragraph 6(1)(e) and the supply has been approved in advance by the Security Council.
Note: Section 13A of the Act applies to a permit granted by the Minister under this subsection.
 (2) A permit is subject to any conditions specified in the permit.
 (3) If the Minister grants a permit under paragraph (1)(a) or (b), he or she must take steps to ensure that, within 10 days after the supply concerned, notification of the supply is given to the Security Council and the International Atomic Energy Agency.