11BProhibitions relating to engaging in sanctioned commercial activity

11B Prohibitions relating to engaging in sanctioned commercial activity

Prohibition—persons (1) A person contravenes this regulation if: (a) the person engages in a sanctioned commercial activity; and (b) the sanctioned commercial activity is not an authorised commercial activity.

Note: Paragraph (b)—see subregulation (4).

Extraterritorial operation (2) Section 15.1 of the Criminal Code applies to an offence under section 27 of the Act that relates to a contravention of this regulation.

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

Prohibition—body corporates (3) 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 engages in a sanctioned commercial activity; and (c) the sanctioned commercial activity is not an authorised commercial activity.

Note: Paragraph (b)—see subregulation (4).

Strict liability (4) Strict liability applies to the circumstance mentioned in paragraph (1)(b) and (3)(c) that the sanctioned commercial activity is not an authorised commercial activity.

Note 1: For strict liability, see section 6.1 of the Criminal Code.

Note 2: A sanctioned commercial activity is not an authorised commercial activity if it is not carried out in accordance with a permit under regulation 14G.

Note 3: 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.