Commonwealth Numbered Regulations

FOREIGN AFFAIRS LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) REGULATIONS 2002 (NO. 1) 2002 NO. 37 - SCHEDULE 1

(regulation 3)

[1] Regulation 3

substitute

3 Prohibition on supplying mining equipment and motorised vehicles

(1)

A person in Australia, or a citizen of Australia who is outside Australia, commits an offence if:

(a)

the person supplies an item mentioned in Schedule 14AA to the Customs (Prohibited Exports) Regulations 1958 to another person; and

(b) the item is to be delivered to a place in Angola.

Penalty:
50 penalty units.

(2)

Strict liability applies in paragraph (1) (a) to the circumstance that the item was mentioned in Schedule 14AA to the Customs (Prohibited Exports) Regulations 1958 .

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

[2] Regulation 4

substitute

4 Prohibition on supplying certain goods within Angola

(1)

A citizen of Australia who is outside Australia commits an offence if:

(a)

the citizen supplies to a person goods specified in Schedule 2; and

(b)

the goods are to be delivered to a place in Angola; and

(c)

the first place in Angola at which the goods are to be delivered is not a prescribed entry point.

Penalty:
50 penalty units.

(2)

Strict liability applies in paragraph (1) (a) to the circumstance that the goods were specified in Schedule 2.

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

[3] Subregulation 5 (1)

substitute

(1)

A person in Australia commits an offence if:

(a)

the person permits, or purports to permit, an aircraft to take off from, or land in, Australia; and

(b)

the aircraft is destined to land at, or has taken off from, a place, in the territory of Angola, that has not been nominated by the Government of Angola, under subparagraph 4 (d) of Resolution 1127, to the Committee established under Resolution 864 (1993).

Penalty:
50 penalty units.

[4] Subregulation 5 (2)

omit

does not apply to

insert

does not prohibit

[5] After subregulation 5 (2), including the penalty

insert

(3)

An offence against this regulation is an offence of strict liability.

Note 1
For strict liability , see section 6.1 of the Criminal Code .
Note 2
A defendant bears an evidential burden in relation to the matters set out in subregulation (2) (see section 13.3 of the Criminal Code ).

[6] Subregulation 6 (1)

omit

, intentionally or recklessly,

[7] After subregulation 6 (1), including the penalty

insert

(1A)

Strict liability applies:

(a)

in subparagraph (1) (c) (i), and paragraphs (1) (d) and (f), to the circumstance that the aircraft was registered under a law of Angola; and

(b)

in paragraph (1) (e) to the circumstance that the insurance claim was made after the commencement of these Regulations in relation to an aircraft registered under a law of Angola.

[8] Subregulation 6 (2)

omit

does not apply:

insert

does not prohibit:

[9] Paragraph 6 (2) (a)

omit

to provision

insert

the provision

[10] Paragraph 6 (2) (b)

omit

to provision

insert

the provision

[11] After subregulation 6 (2)

insert

Note
A defendant bears an evidential burden in relation to the matters set out in subregulation (2) (see section 13.3 of the Criminal Code ).

[12] Subregulation 7 (2)

omit

, intentionally or recklessly,

[13] After subregulation 7 (2), including the penalty

insert

(3)

Strict liability applies:

(a)

in paragraph (2) (a) to the circumstance that the matter was proscribed by paragraph 6 (1) (a), (b) or (c); and

(b)

in paragraph (2) (b) to the circumstance that the goods were mentioned in Schedule 2; and

(c)

in paragraph (2) (c) to the circumstances:

(i)

that the item was mentioned in Schedule 14AA to the Customs (Prohibited Exports) Regulations 1958 ; and

(ii)

that the place in Angola was mentioned in Schedule 3.

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