3 Definitions
In these Regulations:
Act means the Autonomous Sanctions Act 2011.
AFP means the Australian Federal Police.
arms or related matériel includes any of the following:
(a) weapons;
(b) ammunition;
(c) military vehicles and equipment;
(d) spare parts and accessories for the things mentioned in paragraphs (a) to (c);
(e) paramilitary equipment.
authorised commercial activity means a sanctioned commercial activity authorised by a permit granted under paragraph 18(1)(c).
authorised import means a sanctioned import authorised by a permit granted under paragraph 18(1)(b).
authorised service means a sanctioned service authorised by a permit granted under regulation 18.
authorised supply means a sanctioned supply authorised by a permit granted under regulation 18.
bribery means:
(a) the promise, offering or giving, to a foreign public official, directly or indirectly, of an undue advantage, for the official or another person or entity, in order that the official act or refrain from acting in a particular way in the exercise of the official’s official duties; or
(b) the solicitation or acceptance by a foreign public official, directly or indirectly, of an undue advantage, for the official or another person or entity, in order that the official act or refrain from acting in a particular way in the exercise of the official’s official duties.
brokering services means:
(a) the negotiation or arrangement of transactions for the purchase, sale or supply of goods and technology or of financial and technical services, including from a third country to any other third country; or
(b) the selling or buying of goods and technology or of financial and technical services, including where they are located in third countries for their transfer to another third country.
commencement day means the day on which these Regulations commence.
controlled asset means an asset owned or controlled by a designated person or entity.
correspondent banking relationship has the meaning given in section 5 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006.
corruption means:
(a) bribery; or
(b) misappropriation of property.
designated asset means a controlled asset to which a designation relates under regulation 7.
designated person or entity means a person or entity that has been designated under paragraph 6(a) or 6A(1)(a), (2)(a), (4)(a), (5)(a), (8)(a) or (9)(a).
Note: A person may also be declared under paragraph 6(b) or 6A(1)(b), (2)(b), (4)(b), (5)(b), (8)(b) or (9)(b) for the purpose of preventing the person from travelling to, entering or remaining in Australia.
DPRK means the Democratic People’s Republic of Korea.
DPRK person or entity means any of the following:
(a) the government of the DPRK;
(b) the Workers’ Party of Korea;
(c) the Korean People’s Army;
(d) a public body, corporation or agency of the DPRK;
(e) an entity formed or incorporated in the DPRK;
(f) an official of an entity referred to in paragraph (a), (b), (c), (d) or (e);
(g) an individual who is in, or a resident of, the DPRK.
export sanctioned goods means:
(a) the goods in the table in subregulation 4(2); and
(b) goods designated under subregulation 4(3).
extractive or related industry means an industry engaged in any of the following:
(a) extracting raw materials from the earth;
(b) exploring or prospecting for raw materials to be extracted from the earth;
(c) refining or processing raw materials extracted from the earth.
FFRY means the former Federal Republic of Yugoslavia.
financial institution means a natural or legal person that conducts, as a business, one or more of the following for, or on behalf of, a customer:
(a) the acceptance of deposits and other repayable funds from the public;
(b) the lending of money;
(c) financial leasing, other than the financial leasing of a consumer product;
(d) the transfer of money or value, other than the provision of message or other support for the purpose of transmitting money;
(e) the issue and management of means of payment;
(f) the giving of financial guarantees and commitments;
(g) trading in money market instruments;
(h) trading foreign exchange;
(i) trading in exchange instruments;
(j) trading in interest rate instruments;
(k) trading in interest index instruments;
(l) trading in transferable securities;
(m) trading in commodity futures;
(n) participation in the issue of securities and the provision of financial services in relation to the issue of securities;
(o) the management of individual or collective portfolios;
(p) the safekeeping and administration of cash or liquid securities;
(q) the investment, administration or management of funds or money;
(r) the underwriting and placement of life insurance and other insurance that is related to investments;
(s) money changing and other currency changing.
Note: Examples of means of payment for paragraph (e):
1 Credit and debit cards.
2 Cheques.
3 Travellers’ cheques.
4 Money orders.
5 Bankers’ drafts.
6 Electronic money.
financial service includes:
(a) an investment service; and
(b) a service providing financial advice; and
(c) a brokering service; and
(d) insurance; and
(e) reinsurance; and
(f) financial derivatives.
foreign public official has the same meaning as in Division 70 of the Criminal Code.
gold, precious metals and diamonds means the following items:
(a) diamonds, whether or not worked, but not mounted or set;
(b) silver (including silver plated with gold or platinum), unwrought or in semi‑manufactured forms, or in powder form;
(c) gold (including gold plated with platinum), unwrought or in semi‑manufactured forms, or in powder form;
(d) base metals or silver, clad with gold, not further worked than semi‑manufactured;
(e) platinum, unwrought or in semi‑manufactured forms, or in powder form;
(f) base metals, silver or gold, clad with platinum, not further worked than semi‑manufactured;
(g) waste and scrap of:
(i) precious metal; or
(ii) metal clad with precious metal;
(h) other waste and scrap containing precious metal or precious‑metal compounds, of a kind used principally for the recovery of precious metal.
ICTY means the International Criminal Tribunal for the former Yugoslavia.
immediate family member, of a person, means:
(a) a spouse of the person; or
(b) an adult child of the person; or
(c) a spouse of an adult child of the person; or
(d) a parent of the person; or
(e) a brother, sister, step‑brother or step‑sister of the person; or
(f) a spouse of a brother, sister, step‑brother or step‑sister of the person.
import sanctioned goods means goods designated under subregulation 4A(1).
insurance means an undertaking or commitment under which a person is obliged, in return for a payment, to provide a person, in the event of materialisation of a risk, with an indemnity or a benefit as determined by the undertaking or commitment.
investment service means the following services and activities:
(a) reception and transmission of orders in relation to one or more financial instruments;
(b) execution of orders on behalf of clients;
(c) dealing on own account;
(d) portfolio management;
(e) investment advice;
(f) either or both of the following:
(i) underwriting of financial instruments;
(ii) placing of financial instruments on a firm commitment basis;
(g) placing of financial instruments without a firm commitment basis;
(h) any service in relation to the admission to trading on a regulated market or trading on a multilateral trading facility.
misappropriation of property means the misappropriation or other diversion by a foreign public official for the official’s benefit or for the benefit of another person or entity, of any asset entrusted to the official because of the official’s position.
money‑market instruments means instruments, other than instruments of payment, that are normally dealt in on the money market, such as treasury bills, certificates of deposit and commercial papers.
paramilitary equipment means any of the following:
(a) batons, clubs, riot sticks and similar devices of a kind used for law enforcement purposes;
(b) body armour, including:
(i) bullet‑resistant apparel; and
(ii) bullet‑resistant pads; and
(iii) protective helmets;
(c) handcuffs, leg irons and other devices used for restraining prisoners;
(d) riot protection shields;
(e) whips;
(f) parts and accessories designed or adapted for use in, or with, equipment mentioned in paragraphs (a) to (e).
petrochemical industry means production plants for the manufacturing of petrochemical products of a kind specified in an instrument under regulation 4A.
reinsurance means:
(a) the activity of accepting risks ceded by an insurance undertaking or by another reinsurance undertaking; or
(b) for the association of underwriters known as Lloyd’s—the activity of accepting risks, ceded by any member of Lloyd’s, by an insurance or reinsurance undertaking other than the association of underwriters known as Lloyd’s.
sanctioned commercial activity has the meaning given by regulations 5A, 5B, 5C and 5CA, but does not include an activity specified in a legislative instrument under regulation 5D.
sanctioned import has the meaning given by regulation 4A, but does not include an activity specified in a legislative instrument under regulation 5D.
sanctioned service has the meaning given by regulation 5, but does not include an activity specified in a legislative instrument under regulation 5D.
sanctioned supply has the meaning given by regulation 4, but does not include an activity specified in a legislative instrument under regulation 5D.
sanctioned vessel has the meaning given by regulation 8.
specified Ukraine region: each of the following is a specified Ukraine region:
(a) Crimea;
(b) Donetsk;
(c) Luhansk;
(d) Sevastopol;
(e) a region of Ukraine specified by the Minister under regulation 3B.
tradeable securities means transferable securities, other than instruments of payment, that are negotiable on the capital market, including but not limited to the following:
(a) shares in companies, or securities that are equivalent to shares in companies, partnerships or other entities, and depositary receipts in respect of such shares or securities;
(b) bonds or other forms of securitised debt, including depositary receipts in respect of such bonds or other forms of securitised debt;
(c) any other securities that give the right to acquire or sell such transferable securities, or give rise to a cash settlement.
vessel means a vessel or boat of any description and includes a hovercraft and any floating structure, but does not include an installation.
Note: Other words and expressions used in these Regulations have the meaning given by section 4 of the Act, including:
asset
sanction law.