10Prohibitions relating to import sanctioned goods

10 Prohibitions relating to import sanctioned goods

(2) A person contravenes this regulation if: (a) the person procures import sanctioned goods from the Democratic People’s Republic of Korea or from a person or entity in the Democratic People’s Republic of Korea; and (b) the import sanctioned goods are not import authorised goods. (2A) A person contravenes this regulation if: (a) the person receives import sanctioned goods from: (i) the Democratic People’s Republic of Korea; or (ii) a person or entity in the Democratic People’s Republic of Korea; and (b) the import sanctioned goods are received for the purposes of repair, servicing, refurbishing, testing, reverse‑engineering or marketing by the person or another person; and (c) the import sanctioned goods are not import authorised goods. (3) Section 15.1 of the Criminal Code applies to an offence under section 27 of the Act that relates to a contravention of subregulation (2) or (2A).

Note: This has the effect that the offence has extraterritorial operation.

(4) A person, whether or not in Australia, and whether or not an Australian citizen, contravenes this regulation if: (a) the person uses the services of an Australian ship or an Australian aircraft to transport import sanctioned goods in the course of, or for the purpose of, procuring or receiving the goods from the Democratic People’s Republic of Korea or from a person or entity in the Democratic People’s Republic of Korea; and (b) the import sanctioned goods are not import authorised goods. (5) A body corporate contravenes this regulation 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 procures import sanctioned goods from the Democratic People’s Republic of Korea or a person or entity in the Democratic People’s Republic of Korea; and (c) the import sanctioned goods are not import authorised goods. (6) A body corporate contravenes this regulation 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 receives import sanctioned goods from: (i) the Democratic People’s Republic of Korea; or (ii) a person or entity in the Democratic People’s Republic of Korea; and (c) the import sanctioned goods are received for the purposes of repair, servicing, refurbishing, testing, reverse engineering or marketing by the other body corporate or entity or another person; and (d) the import sanctioned goods are not import authorised goods.

Note: This regulation is a UN sanction enforcement law as specified by the Minister under the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.