7Prohibitions relating to a sanctioned supply

7 Prohibitions relating to a sanctioned supply

(1) A person contravenes this regulation if: (a) the person makes a sanctioned supply; and (b) the sanctioned supply is not an authorised supply. (2) 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).

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

(3) A person, whether or not in Australia, and whether or not an Australian citizen, contravenes this regulation if the person uses the services of an Australian ship or an Australian aircraft to transport export sanctioned goods in the course of, or for the purpose of, making a sanctioned supply that is not an authorised supply. (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 makes a sanctioned supply; and (c) the sanctioned supply is not an authorised supply. (5) For this regulation:

authorised supply means a sanctioned supply that is authorised by:

(a) a permit under regulation 8; or
(b) if the supply, sale or transfer takes place in or from 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 Security Council resolutions relating to Iraq, as existing from time to time.

(6) 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 (b)(i) of the definition of authorised supply in subregulation (5). (7) For paragraph (b) of the definition of authorised supply in subregulation (5), a permit is taken not to have been properly granted if the prosecution shows that the permit was granted on the basis of false or misleading information provided by any person, or of corrupt conduct by any person.

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.