Document ID: chunk:federal_register_of_legislation:F2019C00135:reg:4d
Version: federal_register_of_legislation:F2019C00135
Segment Type: reg
Provision Reference: reg 4D
Character Range: 11061–13728

4D  Prohibitions relating to a sanctioned service
 (1) A person contravenes this subsection if:
 (a) the person provides a sanctioned service; and
 (b) the sanctioned service is not an authorised service.
 (2) For an offence under section 27 of the Act that relates to a contravention of subsection (1) by an individual, strict liability applies to the circumstance that the provision of the sanctioned service is not authorised by a permit under section 4E.
 (3) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence under section 27 of the Act that relates to a contravention of subsection (1).
Note: This subsection has the effect that the offence has extraterritorial operation.
 (4) A person contravenes this subsection if, whether or not in Australia, and whether or not an Australian citizen:
 (a) the person uses the services of an Australian ship or an Australian aircraft in the course of, or for the purpose of, providing a sanctioned service; and
 (b) the sanctioned service is not an authorised service.
 (5) A body corporate contravenes this subsection 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.
 (6) An authorised service is a sanctioned service that is authorised by:
 (a) a permit under section 4E; or
 (b) for a service 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 2428 and any other relevant resolution.
Note: Other relevant resolutions could in 2018 be viewed on the United Nations' website (http://www.un.org).
 (7) A defendant to a charge under section 27 of the Act that relates to a contravention of subsection (1), (4) or (5) bears an evidential burden in relation to the matter in subparagraph (6)(b)(i).
Note: See section 13.3 of the Criminal Code.
 (8) For an offence under section 27 of the Act that relates to a contravention of subsection (1), (4) or (5), a permit is taken not to have been properly granted for the purposes of subparagraph (6)(b)(ii) if the prosecution shows that the permit was granted on the basis of:
 (a) false or misleading information provided by any person; or
 (b) corrupt conduct by any person.
Note: This section is specified as a UN sanction enforcement law in the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.