10Prohibitions relating to a sanctioned service

10 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 under subsection (6). (2) For an offence under section 27 of the Act that relates to a contravention of subsection (1), strict liability applies to the circumstance that the provision of the sanctioned service is not authorised by a permit under section 11.

Note: For strict liability, see section 6.1 of the Criminal Code.

(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 has the effect that the offence has extraterritorial operation.

(4) A person contravenes this subsection if the person, whether or not in Australia, and whether or not an Australian citizen: (a) 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 under subsection (6). (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 under subsection (6). (6) An authorised service is a sanctioned service that is authorised by: (a) a permit under section 11; 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 2127 and any other relevant resolution.

Note: Other relevant resolutions could in 2014 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 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 subsection (1), (4) or (5), a permit is taken not to have been properly granted for 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.