Statutory Rules 1995 No. 433¹

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Charter of the United Nations (Sanctions—Yugoslavia) Regulations² (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Charter of the United Nations Act 1945.

Dated 20 December 1995.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

GARETH EVANS

Minister for Foreign Affairs

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1. Amendment

1.1 The Charter of the United Nations (Sanctions—Yugoslavia) Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2. Regulation 4 (Financial sanctions against Yugoslavia)

2.1 Omit “A person”, substitute “Except in accordance with the written permission of an authorised person, a person”.

2.2 Add at the end:

“(2) When deciding whether to give permission under subregulation (1), the authorised person must take into account:

(a) Australia’s relations with other countries; and

(b) Australia’s obligations under international law.

“(3) A permission may be expressed to be subject to conditions, including:

(a) the circumstances in which the funds may be used; and

(b) the period of effect of the permission.

“(4) In this regulation:

‘authorised person’ means:

(a) the Minister for Foreign Affairs; or

(b) an officer of the Department of Foreign Affairs and Trade authorised in writing by the Minister for Foreign Affairs for the purposes of this regulation”.

3. Regulation 12 (Review of decisions)

3.1 Add at the end:

“; or (c) a decision;

(i) under subregulation 4 (1) to refuse to give a permission; or

(ii) under subregulation 4 (3) to specify a condition in a permission; or

(d) a decision:

(i) under subregulation 13 (3) to refuse to grant a permission; or

(ii) under subregulation 13 (4) to specify a condition in a permission.”.

4. Regulation 13 (Provision of services to Yugoslavia)

4.1 Subregulation (2):

Add at the end:

“; or (e) a service provided in accordance with the written permission given by an authorised person under subregulation (3).”.

4.2 Add at the end:

“(3) An authorised person may give written permission to a person to provide a service to a person or body for the purposes of a business carried on in Yugoslavia after taking into account:

(a) Australia’s relations with other countries; and

(b) Australia’s obligations under international law.

“(4) A permission may be expressed to be subject to conditions, including:

(a) the circumstances in which the funds may be used; and

(b) the period of effect of the permission.

“(5) In this regulation:

‘authorised person’ means:

(a) the Minister for Foreign Affairs; or

(b) an officer of the Department of Foreign Affairs and Trade authorised in writing by the Minister for Foreign Affairs for the purposes of this regulation.”.

5. New regulation 16

5.1 Add at the end:

Suspension of sanctions resolution

“16. (1) If the operation of the sanctions resolutions has been suspended, in whole or in part, by a decision of the Security Council, then, subject to this regulation, while that suspension is in place, the operation of regulations 4 to 14 is suspended except:

(a) in relation to matters in respect of which the operation of the sanctions resolutions have not been suspended; and

(b) in relation to funds, vehicles or cargo:

(i) located in Australia; and

(ii) owned or controlled, directly or indirectly, by Yugoslavia or a public utility of Yugoslavia.

“(2) A certificate signed by the Minister as to any matter relating to the suspension of the operation of a sanctions resolution is conclusive evidence of the matters stated in it.

“(3) Despite any suspension of the operation of the regulations referred to in subregulation (1):

(a) a permission may be granted, in relation to any matter, under subregulation 4 (1) or 13 (3) as if that subregulation continued in operation; and

(b) a permission granted under either of those subregulations, whether before or during the period of suspension, has effect:

(i) during the period of suspension—in relation to any matter to which the suspension does not apply; and

(ii) after the period of suspension—as if the suspension had not occurred.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 22 December 1995.

2. Statutory Rules 1993 No. 279 as amended by 1994 No. 157.