Federal Register of Legislation - Australian Government

Primary content

SR 2001 No. 181 Regulations as amended, taking into account amendments up to SR 2001 No. 298
Registered 19 Mar 2010
Start Date 09 Oct 2001
End Date 28 Aug 2002
Date of repeal 12 Apr 2008
Repealed by Charter of the United Nations (Sanctions — Afghanistan) Regulations 2008

Charter of the United Nations (Sanctions — Afghanistan) Regulations 2001

Statutory Rules 2001 No. 181 as amended

made under the

This compilation was prepared on 9 October 2001
taking into account amendments up to SR 2001 No. 298

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra


Contents

Page

Part 1                 Introductory

                        1  Name of Regulations [see Note 1]                                        3

                        2  Commencement                                                                 3

                        3  Object                                                                               3

                        4  Extra-territorial operation of Regulations                               4

                        5  Application of Criminal Code                                                4

                        6  Definitions                                                                         4

Part 2                 Restriction on supply of arms etc

                        7  Application of Part                                                              6

                        8  Restriction on sale of arms etc                                            6

                        9  Restriction on provision of technical assistance etc               6

                       10  Prohibition on supply of acetic anhydride                              7

Part 3                 Restriction on use of Australian aircraft and ships

Division 3.1          Restriction on use of aircraft

                       11  Use of aircraft for transfer of arms and related matériel           8

                       12  Use of aircraft for transfer of technical assistance etc            8

Division 3.2          Restriction on use of ships

                       13  Use of ships for transfer of arms and related matériel             9

                       14  Use of ships for transfer of technical advice etc                     9

Part 4                 Financial sanctions

                       15  Interpretation                                                                    11

                       16  Persons must not deal with Taliban or bin Laden assets      12

                       17  Persons must not give assets to Taliban or bin Laden entities 13

Notes                                                                                                          14


Part 1                 Introductory

  

1              Name of Regulations [see Note 1]

                These Regulations are the Charter of the United Nations (Sanctions — Afghanistan) Regulations 2001.

2              Commencement

                These Regulations commence on gazettal.

3              Object

                The object of these Regulations is to assist in giving effect to Resolutions 1267 and 1333, concerning Afghanistan, by:

                (a)    preventing a person in Australia, or a citizen of Australia who is outside Australia, from doing anything that assists, or results in:

                          (i)    arms or related matériel being sold, supplied or transferred to Taliban territory; or

                         (ii)    technical advice, training and other assistance in relation to the military activities of the armed personnel of the Taliban being sold, supplied or transferred to the Taliban;

                         (iii)    acetic anhydride, a chemical used in the cultivation of opium poppy, being sold, supplied or transferred to a person in Taliban territory, or to a person for the purpose of an activity carried on in, or operated from, Taliban territory; and

               (b)    preventing the use of Australian aircraft or ships in relation to a matter mentioned in subparagraph (a) (i) or (ii); and

                (c)    preventing a person in Australia, or a citizen of Australia, from dealing with financial assets of the Taliban or Usama bin Laden, or individuals or entities associated with them.

4              Extra-territorial operation of Regulations

                These Regulations have extra-territorial operation according to their terms.

5              Application of Criminal Code

                Chapter 2 of the Criminal Code applies to all offences created by these Regulations.

Note 1   Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2   For the meaning of strict liability, see section 6.1 of the Criminal Code.

6              Definitions

arms or related matériel includes:

                (a)    weapons; and

               (b)    ammunition; and

                (c)    military vehicles and equipment; and

               (d)    paramilitary equipment; and

                (e)    spare parts for the things mentioned in paragraphs (a) to (c).

asset has the meaning given by regulation 15.

Australian aircraft means an aircraft registered in Australia under the Civil Aviation Act 1988.

Australian ship means a ship registered in Australia under the Shipping Registration Act 1981.

bin Laden asset has the meaning given by regulation 15.

bin Laden entity has the meaning given by regulation 15.

Committee means the Committee established under paragraph 6 of Resolution 1267.

engage in conduct means do an act or omit to perform an act.

paramilitary equipment means any of the following:

                (a)    batons, clubs, riot sticks and similar devices of a kind used for law enforcement purposes;

               (b)    body armour, including:

                          (i)    bullet-resistant apparel; and

                         (ii)    bullet-resistant pads; and

                         (iii)    protective helmets;

                (c)    handcuffs, leg-irons and other devices used for restraining prisoners;

               (d)    riot protection shields;

                (e)    whips;

                (f)    parts and accessories designed or adapted for use in, or with, equipment mentioned in paragraphs (a) to (e).

protective clothing includes protective military jackets and helmets.

Resolution 1267 means Resolution 1267 (1999) of the Security Council of the United Nations.

Resolution 1333 means Resolution 1333 (2000) of the Security Council of the United Nations.

Taliban asset has the meaning given by regulation 15.

Taliban entity has the meaning given by regulation 15.

Taliban territory means territory of Afghanistan that is under the control of the Taliban.


 

Part 2                 Restriction on supply of arms etc

  

7              Application of Part

                This Part applies to a person in Australia or a citizen of Australia who is outside Australia.

8              Restriction on sale of arms etc

         (1)   A person must not engage in conduct that assists, or results in, the sale, supply or transfer of arms or related matériel to a place in Taliban territory, if the sale, supply or transfer is not in accordance with an approval given in advance, under paragraph 6 of Resolution 1333, by the Committee.

         (2)   Strict liability applies to the physical element that the sale, supply or transfer is not in accordance with an approval given in advance, under paragraph 6 of Resolution 1333, by the Committee.

         (3)   This regulation does not apply in relation to the sale, supply or transfer of protective clothing to a place in Taliban territory, if the clothing is intended to be worn only by a member of the personnel of the United Nations, a representative of the media or a humanitarian worker.

Penalty:   50 penalty units.

9              Restriction on provision of technical assistance etc

         (1)   A person must not engage in conduct that assists, or results in, the sale, supply or transfer to armed personnel under the control of the Taliban of technical advice, training or other assistance in relation to military activities, if the sale, supply or transfer is not in accordance with an approval given in advance, under paragraph 6 of Resolution 1333, by the Committee.

         (2)   Strict liability applies to the physical element that the sale, supply or transfer is not in accordance with an approval given in advance, under paragraph 6 of Resolution 1333, by the Committee.

Penalty:   50 penalty units.

10            Prohibition on supply of acetic anhydride

         (1)   A person must not engage in conduct that assists, or results in, the sale, supply or transfer of the chemical, acetic anhydride, to a person in a place in Taliban territory.

Penalty:   50 penalty units.

         (2)   A person must not engage in conduct that assists, or results in, the sale, supply or transfer of the chemical, acetic anhydride, to a person for the purpose of an activity carried on in, or operated from, Taliban territory.

Penalty:   50 penalty units.


 

Part 3                 Restriction on use of Australian aircraft and ships

Division 3.1           Restriction on use of aircraft

11            Use of aircraft for transfer of arms and related matériel

         (1)   The owner, pilot in command or operator of an Australian aircraft must not allow the aircraft to be used in a way that assists, or results in, the sale, supply or transfer of arms or related matériel to a place in Taliban territory, if the sale, supply or transfer is not in accordance with an approval given in advance, under paragraph 6 of Resolution 1333, by the Committee.

         (2)   Strict liability applies to the physical element that the sale, supply or transfer is not in accordance with an approval given in advance, under paragraph 6 of Resolution 1333, by the Committee.

         (3)   This regulation does not apply in relation to the sale, supply or transfer of protective clothing to a place in Taliban territory, if the clothing is intended to be worn only by a member of the personnel of the United Nations, a representative of the media or a humanitarian worker.

Penalty:   50 penalty units.

12            Use of aircraft for transfer of technical assistance etc

         (1)   The owner, pilot in command or operator of an Australian aircraft must not allow the aircraft to be used in a way that assists, or results in, the sale, supply or transfer to armed personnel under the control of the Taliban of technical advice, training or other assistance in relation to military activities, if the sale, supply or transfer is not in accordance with an approval given in advance, under paragraph 6 of Resolution 1333, by the Committee.

         (2)   Strict liability applies to the physical element that the sale, supply or transfer is not in accordance with an approval given in advance, under paragraph 6 of Resolution 1333, by the Committee.

Penalty:   50 penalty units.

Division 3.2           Restriction on use of ships

13            Use of ships for transfer of arms and related matériel

         (1)   The owner, master or operator of an Australian ship must not allow the ship to be used in a way that assists, or results in, the sale, supply or transfer of arms or related matériel to a place in Taliban territory, if the sale, supply or transfer is not in accordance with an approval given in advance, under paragraph 6 of Resolution 1333, by the Committee.

         (2)   Strict liability applies to the physical element that the sale, supply or transfer is not in accordance with an approval given in advance, under paragraph 6 of Resolution 1333, by the Committee.

         (3)   This regulation does not apply in relation to the sale, supply or transfer of protective clothing to a place in Taliban territory, if the clothing is intended to be worn only by a member of the personnel of the United Nations, a representative of the media or a humanitarian worker.

Penalty:   50 penalty units.

14            Use of ships for transfer of technical advice etc

         (1)   The owner, master or operator of an Australian ship must not allow the ship to be used in a way that assists, or results in, the sale, supply or transfer to armed personnel under the control of the Taliban of technical advice, training or other assistance in relation to military activities, if the sale, supply or transfer is not in accordance with an approval given in advance, under paragraph 6 of Resolution 1333, by the Committee.

         (2)   Strict liability applies to the physical element that the sale, supply or transfer is not in accordance with an approval given in advance, under paragraph 6 of Resolution 1333, by the Committee.

Penalty:   50 penalty units.

Part 4                 Financial sanctions

  

15            Interpretation

asset includes the following:

                (a)    funds;

               (b)    financial assets;

                (c)    tangible and intangible assets;

               (d)    property rights;

                (e)    publicly and privately traded securities;

                (f)    publicly and privately traded debt instruments;

                (g)    income from, or proceeds from the sale of, assets mentioned in paragraphs (a) to (f).

bin Laden asset means:

                (a)    an asset owned or controlled directly or indirectly by a bin Laden entity; or

               (b)    an asset owned or controlled directly or indirectly by an entity that is owned or controlled directly or indirectly by a bin Laden entity; or

                (c)    an asset derived or generated from assets mentioned in paragraph (a) or (b).

bin Laden entity means:

                (a)    Usama bin Laden; or

               (b)    the Al-Qaida organisation; or

                (c)    an individual or entity designated by the Committee under paragraph 8 (c) of Resolution 1333 as being associated with Usama bin Laden.

Taliban asset means:

                (a)    an asset owned or controlled directly or indirectly by a Taliban entity; or

               (b)    an asset owned or controlled directly or indirectly by an entity that is owned or controlled directly or indirectly by a Taliban entity; or

                (c)    an asset derived or generated from assets mentioned in paragraph (a) or (b).

Taliban entity means:

                (a)    the Taliban; or

               (b)    an undertaking designated by the Committee under paragraph 4 (b) of Resolution 1267 as being owned or controlled by the Taliban.

16            Persons must not deal with Taliban or bin Laden assets

         (1)   A person who holds a Taliban asset commits an offence if:

                (a)    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

               (b)    the person is reckless as to whether the asset is a Taliban asset; and

                (c)    the use or dealing is not in accordance with an authorisation by the Committee under paragraph 4 (b) of Resolution 1267.

Penalty:   50 penalty units.

         (2)   Strict liability applies to paragraph (1) (c).

         (3)   A person who holds a bin Laden asset commits an offence if:

                (a)    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

               (b)    the person is reckless as to whether the asset is a bin Laden asset.

Penalty:   50 penalty units.

         (4)   It is a defence to a charge under subregulation (1) or (3) if the person proves that the use or dealing was solely for the purpose of preserving the value of the asset.

         (5)   In this regulation:

person means:

                (a)    a person (including a body corporate) in Australia; or

               (b)    an Australian citizen outside Australia.

17            Persons must not give assets to Taliban or bin Laden entities

         (1)   A person commits an offence if:

                (a)    the person, directly or indirectly, makes an asset available to a Taliban entity; and

               (b)    the person is reckless as to whether the entity is a Taliban entity; and

                (c)    the making available of the asset is not in accordance with an authorisation by the Committee under paragraph 4 (b) of Resolution 1267.

Penalty:   50 penalty units.

         (2)   Strict liability applies to paragraph (1) (c).

         (3)   A person commits an offence if:

                (a)    the person, directly or indirectly, makes an asset available to a bin Laden entity; and

               (b)    the person is reckless as to whether the entity is a bin Laden entity.

Penalty:   50 penalty units.

         (4)   In this regulation:

person means:

                (a)    a person (including a body corporate) in Australia; or

               (b)    an Australian citizen outside Australia.

 


Notes to the Charter of the United Nations (Sanctions — Afghanistan) Regulations 2001

Note 1

The Charter of the United Nations (Sanctions — Afghanistan) Regulations 2001 (in force under the Charter of the United Nations Act 1945) as shown in this compilation comprise Statutory Rules 2001 No. 181 amended as indicated in the Tables below.

Table of Statutory Rules

Year and
number

Date of notification
in Gazette

Date of
commencement

Application, saving or
transitional provisions

2001 No. 181

5 July 2001

5 July 2001

 

2001 No. 298

9 Oct 2001

9 Oct 2001

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

R. 3..........................................

am. 2001 No. 298

R. 6..........................................

am. 2001 No. 298

Part 4.......................................
(rr. 15–17)

ad. 2001 No. 298

Rr. 15–17...............................

ad. 2001 No. 298