10Prohibitions relating to the provision of sanctioned services

10 Prohibitions relating to the provision of sanctioned services

(1) A person contravenes this regulation if: (a) the person provides a sanctioned service; and (b) the sanctioned service is not an authorised service; and (c) the sanctioned service is not provided in relation to an authorised supply. (1A) Strict liability applies to the circumstance that the provision of a sanctioned service is not authorised by a permit under regulation 11.

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

(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 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 provides a sanctioned service; and (c) the sanctioned service is not an authorised service; and (d) the sanctioned service is not provided in relation to an authorised supply. (4) For this regulation:

authorised service means a sanctioned service that is authorised by:

(a) a permit under regulation 11; or
(b) if the service is 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 a way that accords with the foreign country’s obligations under Resolution 1556 and Resolution 1591.

authorised supply means a sanctioned supply that is authorised by:

(a) a permit under regulation 9; 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 Resolution 1556 and Resolution 1591.

(5) A defendant, to a charge under section 27 of the Act that relates to subregulation (1) or (3), bears an evidential burden in relation to: (a) the matter in subparagraph (b)(i) of the definition of authorised service in subregulation (4); and (b) the matter in subparagraph (b)(i) of the definition of authorised supply in subregulation (4). (6) For paragraph (b) of the definitions of authorised service and of authorised supply in subregulation (4), 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.