Australia’s Autonomous Sanctions Regulations 2011: Prohibitions & Forfeiture of Vessels

 

Part 3Sanctions laws

12Prohibitions 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 16 of the Act that relates to a contravention of this regulation.

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.

Note This regulation may be specified as a sanction law by the Minister under section 6 of the Act.

13Prohibitions 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.

(2)Section 15.1 of the Criminal Code applies to an offence under section 16 of the Act that relates to a contravention of this regulation.

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.

Note This regulation may be specified as a sanction law by the Minister under section 6 of the Act.

14Prohibition of dealing with designated persons or entities

(1)A person contravenes this regulation if:

(a)the person directly or indirectly makes an asset available to, or for the benefit of, a designated person or entity; and

(b)the making available of the asset is not authorised by a permit granted under regulation 18.

(2)Section 15.1 of the Criminal Code applies to an offence under section 16 of the Act that relates to a contravention of this regulation.

Note 1 This has the effect that the offence has extraterritorial operation.

Note 2 This regulation may be specified as a sanction law by the Minister under section 6 of the Act.

15Prohibition of dealing with controlled assets

(1)A person contravenes this regulation if:

(a)the person holds a controlled asset; and

(b)the person:

(i)uses or deals with the asset; or

(ii)allows the asset to be used or dealt with; or

(iii)facilitates the use of the asset or dealing with the asset; and

(c)the use or dealing is not authorised by a permit granted under regulation 18.

(2)Section 15.1 of the Criminal Code applies to an offence under section 16 of the Act that relates to a contravention of this regulation.

Note 1 This has the effect that the offence has extraterritorial operation.

Note 2 This regulation may be specified as a sanction law by the Minister under section 6 of the Act.

16Prohibitions relating to sanctioned vessels

(1)A person contravenes this regulation if:

(a)a direction is given to a sanctioned vessel under subregulation 8 (4); and

(b)the person engages in conduct; and

(c)the conduct causes the sanctioned vessel to contravene the direction.

(2)Section 15.1 of the Criminal Code applies to an offence under section 16 of the Act that relates to a contravention of this regulation.

Note 1 This has the effect that the offence has extraterritorial operation.

Note 2 This regulation may be specified as a sanction law by the Minister under section 6 of the Act.

Exception safety of vessel or human life

(3)Subregulation (1) does not apply if the person is engaging in conduct necessary to secure the safety of the sanctioned vessel or human life.

Note A defendant bears an evidential burden in relation to the matters in subregulation (3) (see subsection 13.3 (3) of the Criminal Code).

Exception authorisation or requirement under Part IIIAAA of the Defence Act 1903

(4)Subregulation (1) does not apply if the operation of the sanctioned vessel or the conduct of the person is authorised or required under Part IIIAAA of the Defence Act 1903.

Note A defendant bears an evidential burden in relation to the matters in subregulation (4) (see subsection 13.3 (3) of the Criminal Code).

(5)It is not a defence to a prosecution for an offence against subregulation (1) that the operation of the sanctioned vessel or the conduct of the person is authorised or required under any other law.

17Forfeiture of sanctioned vessels

(1)A sanctioned vessel is forfeited to the Commonwealth if:

(a)a direction is given to the sanctioned vessel under subregulation 8 (4); and

(b)the sanctioned vessel contravenes the direction.

Exception — safety of vessel or human life

(2)Subregulation (1) does not apply if the contravention is necessary to secure the safety of the sanctioned vessel or human life.

Exception — authorisation or requirement under Part IIIAAA of the Defence Act 1903

(3)Subregulation (1) does not apply if the contravention is authorised or required under Part IIIAAA of the Defence Act 1903.

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