10Prohibitions relating to a sanctioned service

10 Prohibitions relating to a sanctioned service

(1) A person contravenes this subregulation if: (a) the person provides a sanctioned service; and (b) the sanctioned service is not an authorised service under subregulation (6). (2) For an offence under section 27 of the Act that relates to a contravention of subregulation (1) by an individual, strict liability applies to the circumstance that the provision of the sanctioned service is not authorised by a permit under regulation 11. (3) A person contravenes this subregulation if: (a) the person (whether or not in Australia, and whether or not an Australian citizen) 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 subregulation (6). (4) A body corporate contravenes this subregulation 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 subregulation (6). (5) 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 subregulation (1), (3) or (4).

Note: Subregulation (5) has the effect that the offence has extraterritorial operation.

(6) An authorised service is a sanctioned service that is authorised by: (a) a permit under regulation 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 accordance with the foreign country’s obligations under resolutions relating to the Democratic Republic of the Congo, as existing from time to time.

Note: Resolutions relating to the Democratic Republic of the Congo could in 2021 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 subregulation (1), (3) or (4) 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 subregulation (1), (3) or (4), 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 regulation is specified as a UN sanction enforcement law in the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.