11DProhibition on vessel ownership and registration etc.

11D Prohibition on vessel ownership and registration etc.

(1) A person contravenes this regulation if: (a) the person does any of the following: (i) registers a vessel in the Democratic People’s Republic of Korea; (ii) obtains an authority that entitles a vessel to fly the flag of the Democratic People’s Republic of Korea; (iii) provides a classification or certification service, or related service, in respect of a DPRK flagged or registered vessel; (iiia) provides a classification service to a vessel specified by the Minister for the purposes of regulation 8C that has had its registration under the Shipping Registration Act cancelled under subregulation 8G(3); (iv) leases or operates a DPRK flagged or registered vessel; (iva) charters a DPRK flagged or registered vessel; (v) insures a DPRK flagged or registered vessel; (vi) provides insurance or reinsurance services to a vessel owned, controlled or operated by the Democratic People’s Republic of Korea, or by a person or entity in, or a national of, the Democratic People’s Republic of Korea; (vii) provides insurance or reinsurance services to a vessel specified by the Minister for the purposes of regulation 8C; and (b) that action is not authorised by a permit under regulation 14H. (2) A person contravenes this regulation if: (a) the person owns a DPRK flagged or registered vessel; and (b) ownership of the vessel is not authorised by a permit under regulation 14HA. (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 (1) or (2).

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

(4) 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 does any of the following: (i) registers a vessel in the Democratic People’s Republic of Korea; (ii) obtains authority that a vessel is entitled to fly the flag of the Democratic People’s Republic of Korea; (iii) provides a classification or certification service, or related service, in respect of a DPRK flagged or registered vessel; (iiia) provides a classification service to a vessel specified by the Minister for the purposes of regulation 8C that has had its registration under the Shipping Registration Act cancelled under subregulation 8G(3); (iv) leases or operates a DPRK flagged or registered vessel; (iva) charters a DPRK flagged or registered vessel; (v) insures a DPRK flagged or registered vessel; (vi) provides insurance or reinsurance services to a vessel owned, controlled or operated by the Democratic People’s Republic of Korea, or by a person or entity in, or a national of, the Democratic People’s Republic of Korea; (vii) provides insurance or reinsurance services to a vessel specified by the Minister for the purposes of regulation 8C; and (c) that action is not authorised by a permit under regulation 14H. (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 owns a DPRK flagged or registered vessel; and (c) ownership of the vessel is not authorised by a permit under regulation 14HA.