Commonwealth Numbered Regulations

FOREIGN AFFAIRS LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) REGULATIONS 2002 (NO. 1) 2002 NO. 37 - SCHEDULE 2

(regulation 4)

[1] Regulation 1

substitute

1 Name of Regulations

These Regulations are the Charter of the United Nations (Sanctions — Rwanda) Regulations 1994 .

[2] Regulation 4

substitute

4 Prohibition on supplying certain goods to Rwanda

(1)

A citizen of Australia who is outside Australia must not supply goods specified in the Schedule to:

(a)

a person or body in Rwanda; or

(b)

a person or body for the purpose of a business carried on in, or operated from, Rwanda.

Penalty:
50 penalty units.

(2)

The owner, the master and the operator of a registered ship must not allow the ship to be used to supply goods specified in the Schedule to:

(a)

a person or body in Rwanda; or

(b)

a person or body for the purpose of a business carried on in, or operated from, Rwanda.

Penalty:
50 penalty units.

(3)

The owner, the pilot in command and the operator of a registered aircraft must not allow the aircraft to be used to supply goods specified in the Schedule to:

(a)

a person or body in Rwanda; or

(b)

a person or body for the purpose of a business carried on in, or operated from, Rwanda.

Penalty:
50 penalty units.

(4)

It is a defence to a prosecution against subregulation (1), (2) or (3) if the goods are supplied for the purpose of aiding the activities of the United Nations Assistance Mission for Rwanda or the United Nations Observer Mission in Uganda-Rwanda.

(5)

Strict liability applies in subregulations (1), (2) and (3) to the circumstance that the goods were specified in the Schedule.

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 question whether he or she supplied the goods for the purpose of aiding the activities of the United Nations Assistance Mission for Rwanda or the United Nations Observer Mission in Uganda-Rwanda (see section 13.3 of the Criminal Code ).