4BProhibitions relating to a sanctioned supply

4B Prohibitions relating to a sanctioned supply

(1) A person contravenes this subsection if: (a) the person makes a sanctioned supply; and (b) the sanctioned supply is not an authorised supply. (2) For an offence under section 27 of the Act that relates to a contravention of subsection (1) by an individual, strict liability applies to the circumstance that the making of the sanctioned supply is not authorised by a permit under section 4C. (3) 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 subsection (1).

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

(4) A person contravenes this subsection if, whether or not in Australia, and whether or not an Australian citizen: (a) the person uses the services of an Australian ship or an Australian aircraft to transport arms or related matériel in the course of, or for the purpose of, making a sanctioned supply; and (b) the sanctioned supply is not an authorised supply. (5) A body corporate contravenes this subsection 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. (6) An authorised supply is a sanctioned supply that is authorised by: (a) a permit under section 4C; or (b) for a supply, sale or transfer 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 Resolution 2428 and any other relevant resolution.

Note: Other relevant resolutions could in 2018 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 a contravention of subsection (1), (4) or (5) 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 a contravention of subsection (1), (4) or (5), a permit is taken not to have been properly granted for the purposes of 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 section is specified as a UN sanction enforcement law in the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.