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SLI 2008 No. 51 Regulations as amended, taking into account amendments up to Charter of the United Nations Legislation Amendment Regulation 2013 (No. 2)
Administered by: Foreign Affairs and Trade
Registered 04 Sep 2013
Start Date 27 Jul 2013

Commonwealth Coat of Arms

Charter of the United Nations (Sanctions—Sudan) Regulations 2008

Select Legislative Instrument No. 51, 2008 as amended

made under the

Charter of the United Nations Act 1945

Compilation start date:                     27 July 2013

Includes amendments up to:            SLI No. 185, 2013

About this compilation

This compilation

This is a compilation of the Charter of the United Nations (Sanctions—Sudan) Regulations 2008 as in force on 27 July 2013. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 26 August 2013.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Preliminary                                                                                                             1

1............ Name of Regulations........................................................................... 1

2............ Commencement................................................................................... 1

3............ Repeal................................................................................................. 1

4............ Definitions.......................................................................................... 1

5............ Export sanctioned goods..................................................................... 3

6............ Sanctioned supply............................................................................... 3

7............ Sanctioned service............................................................................... 4

Part 2—UN sanction enforcement laws                                                                   5

8............ Prohibitions relating to a sanctioned supply........................................ 5

9............ Permit to make a sanctioned supply.................................................... 6

10.......... Prohibitions relating to the provision of sanctioned services............... 7

11.......... Permit to provide a sanctioned service................................................ 9

12.......... Prohibition relating to dealings with designated person or entity...... 10

13.......... Prohibition relating to sanctions controlled assets............................. 11

14.......... Permit for dealing with or using sanctions controlled assets............. 11

Part 3—Miscellaneous                                                                                                       13

15.......... Delegations by Minister.................................................................... 13

Endnotes                                                                                                                                    14

Endnote 1—About the endnotes                                                                            14

Endnote 2—Abbreviation key                                                                                16

Endnote 3—Legislation history                                                                             17

Endnote 4—Amendment history                                                                           18

Endnote 5—Uncommenced amendments [none]                                          19

Endnote 6—Modifications [none]                                                                         19

Endnote 7—Misdescribed amendments [none]                                             19

Endnote 8—Miscellaneous [none]                                                                        19

 


Part 1Preliminary

  

1  Name of Regulations

                   These Regulations are the Charter of the United Nations (Sanctions—Sudan) Regulations 2008.

2  Commencement

                   These Regulations commence on the day after they are registered.

3  Repeal

                   The Charter of the United Nations (Sanctions—Sudan) Regulations 2005 are repealed.

4  Definitions

                   In these Regulations:

Act means the Charter of the United Nations Act 1945.

arms or related matériel includes:

                     (a)  weapons; and

                     (b)  ammunition; and

                     (c)  military vehicles and equipment; and

                     (d)  spare parts and accessories for the things mentioned in paragraphs (a) to (c); and

                     (e)  paramilitary equipment.

Australian aircraft has the same meaning as in the Criminal Code.

Australian ship has the same meaning as in the Criminal Code.

authorised operation means an operation, including an operation led by regional organisations, that is for any of the following purposes and is authorised by the United Nations or is carried out with the consent of the relevant parties:

                     (a)  monitoring purposes;

                     (b)  verification purposes;

                     (c)  peace support purposes.

Committee means the Committee established by subparagraph 3(a) of Resolution 1591.

Comprehensive Peace Agreement means the peace agreement between the Government of Sudan and the Sudan People’s Liberation Movement/Army, signed at Nairobi on 9 January 2005.

controlled asset means an asset that is, directly or indirectly, owned or controlled by:

                     (a)  a designated person or entity; or

                     (b)  a person acting on behalf of or at the direction of a designated person; or

                     (c)  an entity owned or controlled, directly or indirectly, by a designated person.

designated person or entity means a person or entity designated by the Committee or the Security Council for the purposes of subparagraph 3(c) of Resolution 1591.

export sanctioned goods has the meaning given by regulation 5.

non‑governmental entity or individual means any entity (including the Janjaweed) or individual who is not acting on behalf of the Government of Sudan.

N’djamena Ceasefire Agreement means the ceasefire agreement between the Government of Sudan, the Sudan Liberation Movement and the Justice and Equality Movement, signed at N’djamena on 8 April 2004.

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 any of paragraphs (a) to (e).

protective clothing includes flak jackets and military helmets.

Resolution 1556 means Resolution 1556 (2004) of the Security Council, adopted on 30 July 2004.

Resolution 1591 means Resolution 1591 (2005) of the Security Council, adopted on 29 March 2005.

sanctioned service has the meaning given in regulation 7.

sanctioned supply has the meaning given in regulation 6.

Security Council means the United Nations Security Council.

Note:          In these Regulations:

(a)    the Minister is the Minister for Foreign Affairs; and

(b)    asset has the meaning given in section 2 of the Act.

5  Export sanctioned goods

                   For these Regulations, export sanctioned goods means arms or related matériel.

6  Sanctioned supply

                   A person makes a sanctioned supply if:

                     (a)  the person supplies, sells or transfers goods to another person; and

                     (b)  the goods are export sanctioned goods; and

                     (c)  as a direct or indirect result of the supply, sale or transfer the goods are transferred to Sudan.

7  Sanctioned service

                   For these Regulations, sanctioned service means the provision to Sudan of technical training or assistance related to the provision, manufacture, maintenance or use of export sanctioned goods.

Part 2UN sanction enforcement laws

  

8  Prohibitions 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.

          (1A)  Strict liability applies to the circumstance that the making of the sanctioned supply is not authorised by a permit under regulation 9.

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

             (2)  Section 15.1 of the Criminal Code applies to an offence under section 27 of the Act that relates to a contravention of subregulation (1).

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.

             (5)  For this regulation:

authorised supply means a sanctioned supply that is authorised by:

                     (a)  a permit under regulation 9; or

                     (b)  if the supply, sale or transfer takes place in or from a foreign country—a permit:

                              (i)  granted by the foreign country; and

                             (ii)  properly granted by the foreign country; and

                            (iii)  granted in a way that accords with the foreign country’s obligations under Resolution 1556 and Resolution 1591.

             (6)  A defendant, to a charge under section 27 of the Act that relates to subregulation (1), (3) or (4), bears an evidential burden in relation to the matter in subparagraph (b)(i) of the definition of authorised supply in subregulation (5).

             (7)  For paragraph (b) of the definition of authorised supply in subregulation (5), a permit is taken not to have been properly granted if the prosecution shows that the permit was granted on the basis of false or misleading information provided by any person, or of corrupt conduct by any person.

Note:          This regulation is a UN sanction enforcement law as specified by the Minister under the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.

9  Permit to make a sanctioned supply

             (1)  The Minister may, on application, grant a person a permit authorising the making of a sanctioned supply.

Note:          Section 13A of the Act applies to a permit granted by the Minister under this subregulation.

             (2)  The Minister may grant a permit authorising the making of a sanctioned supply to a person mentioned in the following table only if the sanctioned supply to which the permit relates is mentioned in the table in subregulation (3).

 

Persons

Item

Person

1

Any non‑governmental entity or individual operating in the territory of Darfur, including the states of North, South, East, West and Central Darfur

2

A party to the N’djamena Ceasefire Agreement

3

A belligerent in the territory of Darfur, including the states of North, South, East, West and Central Darfur

             (3)  The Minister may grant a permit authorising the making of a sanctioned supply to a person mentioned in the table in subregulation (2) only if the sanctioned supply to which the permit relates is mentioned in the following table.

 

Sanctioned supplies

Item

Sanctioned supply

1

A supply for an authorised operation

2

A supply of non‑lethal military equipment that is intended solely for humanitarian use, human rights monitoring or protective use

3

A supply of protective clothing that is temporarily exported to Sudan for the personal use of any of the following:

(a) a member of the personnel of the United Nations;

(b) a person engaged in human rights monitoring;

(c) a representative of the media;

(d) a humanitarian or development worker or an associated person

4

A supply of military equipment and supplies for use in the territory of Darfur, including the states of North, South, East, West and Central Darfur, that is approved in advance by the Committee in response to a request by the Government of Sudan

             (4)  The Minister must not grant a permit authorising a sanctioned supply unless the Minister has obtained sufficient end user documentation to ascertain that the supply will be conducted consistent with Resolution 1556 and Resolution 1591.

             (5)  A permit is subject to any conditions specified in the permit.

10  Prohibitions 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.

          (1A)  Strict liability applies to the circumstance that the provision of a sanctioned service is not authorised by a permit under regulation 11.

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

             (2)  Section 15.1 of the Criminal Code applies to an offence under section 27 of the Act that relates to a contravention of subregulation (1).

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.

             (4)  For this regulation:

authorised service means a sanctioned service that is authorised by:

                     (a)  a permit under regulation 11; or

                     (b)  if the service is provided in a foreign country—a permit:

                              (i)  granted by the foreign country; and

                             (ii)  properly granted by the foreign country; and

                            (iii)  granted in a way that accords with the foreign country’s obligations under Resolution 1556 and Resolution 1591.

authorised supply means a sanctioned supply that is authorised by:

                     (a)  a permit under regulation 9; or

                     (b)  if the supply, sale or transfer takes place in or from a foreign country—a permit:

                              (i)  granted by the foreign country; and

                             (ii)  properly granted by the foreign country; and

                            (iii)  granted in a way that accords with the foreign country’s obligations under Resolution 1556 and Resolution 1591.

             (5)  A defendant, to a charge under section 27 of the Act that relates to subregulation (1) or (3), bears an evidential burden in relation to:

                     (a)  the matter in subparagraph (b)(i) of the definition of authorised service in subregulation (4); and

                     (b)  the matter in subparagraph (b)(i) of the definition of authorised supply in subregulation (4).

             (6)  For paragraph (b) of the definitions of authorised service and of authorised supply in subregulation (4), a permit is taken not to have been properly granted if the prosecution shows that the permit was granted on the basis of false or misleading information provided by any person, or of corrupt conduct by any person.

Note:          This regulation is a UN sanction enforcement law as specified by the Minister under the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008

11  Permit to provide a sanctioned service

             (1)  The Minister may, on application, grant a person a permit authorising the provision of a sanctioned service.

Note:          Section 13A of the Act applies to a permit granted by the Minister under this subregulation.

             (2)  The Minister may grant a permit authorising the provision of a sanctioned service to a person mentioned in the following table only if the sanctioned service to which the permit relates is mentioned in subregulation (3).

 

Persons

Item

Person

1

Any non‑governmental entity or individual operating in the territory of Darfur, including the states of North, South, East, West and Central Darfur

2

A party to the N’djamena Ceasefire Agreement

3

A belligerent in the territory of Darfur, including the states of North, South, East, West and Central Darfur

             (3)  The Minister may grant a permit authorising the provision of a sanctioned service to a person mentioned in the table in subregulation (2) only if the sanctioned service to which the permit relates is:

                     (a)  for an authorised operation; or

                     (b)  provided in relation to a supply of non‑lethal military equipment that is intended solely for humanitarian use, human rights monitoring or protective use.

             (4)  A permit is subject to any conditions specified in the permit.

12  Prohibition relating to dealings with designated person or entity

             (1)  A person contravenes this regulation if:

                     (a)  the person directly or indirectly makes an asset available to, or for the benefit of:

                              (i)  a designated person; or

                             (ii)  a person acting on behalf of or at the direction of a designated person; or

                            (iii)  an entity owned or controlled, directly or indirectly, by a designated person; and

                     (b)  the making available of the asset is not authorised by a permit under regulation 14.

          (1A)  Strict liability applies to the circumstance that the making available of the asset is not authorised by a permit under regulation 14.

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

             (2)  Section 15.1 of the Criminal Code applies to an offence under section 27 of the Act that relates to a contravention of subregulation (1).

Note 1:       Subregulation (2) has the effect that the offence has extraterritorial operation.

Note 2:       This regulation is a UN sanction enforcement law as specified by the Minister under the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.

13  Prohibition relating to sanctions 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, or the dealing with, the asset; and

                     (c)  the use or dealing is not authorised by a permit under regulation 14.

          (1A)  Strict liability applies to the circumstance that the use of or dealing with the asset is not authorised by a permit under regulation 14.

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

             (2)  Section 15.1 of the Criminal Code applies to an offence under section 27 of the Act that relates to a contravention of subregulation (1).

Note 1:       Subregulation (2) has the effect that the offence has extraterritorial operation.

Note 2:       This regulation is a UN sanction enforcement law as specified by the Minister under the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.

14  Permit for dealing with or using sanctions controlled assets

             (1)  The Minister may, on application, grant a person a permit authorising:

                     (a)  a making available of an asset that would otherwise contravene subregulation 12(1); or

                     (b)  a use of, or a dealing with, a controlled asset that would otherwise contravene subregulation 13(1).

             (2)  An application must be for a basic expense dealing, a legally required dealing or an extraordinary expense dealing mentioned in regulation 5 of the Charter of the United Nations (Dealing with Assets) Regulations 2008.

             (3)  An application must specify which kind of dealing mentioned in subregulation (2) the application is for.

             (4)  If an application is for a basic expense dealing, the Minister:

                     (a)  must notify the Committee of the application; and

                     (b)  may grant a permit only if a period of 2 working days has passed since notification was given and during that period the Committee has not advised against granting the permit.

             (5)  If an application is for an extraordinary expense dealing, the Minister:

                     (a)  must notify the Committee of the application; and

                     (b)  may grant a permit only with the approval of the Committee.

             (6)  If an application is for a legally required dealing, the Minister must not grant a permit unless the Minister notifies the Committee of the application before granting the permit.

             (7)  A permit is subject to any conditions specified in the permit.

Note:          Part 2 of the Charter of the United Nations (Dealing with Assets) Regulations 2008 applies to these Regulation.

Part 3Miscellaneous

  

15  Delegations by Minister

             (1)  The Minister may delegate the Minister’s powers and functions under these Regulations (other than this power of delegation) to:

                     (a)  the Secretary of the Department; or

                     (b)  an SES employee, or acting SES employee, in the Department.

             (2)  The delegation must be in writing.

             (3)  The delegate must comply with any directions of the Minister in exercising powers or functions under the delegation.


Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

 

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

 

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

 

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

 

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

 

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

 

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

 

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law, but the text of the amendments is included in endnote 5.

 

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

 

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

 

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

pres = present

am = amended

prev = previous

c = clause(s)

(prev) = previously

Ch = Chapter(s)

Pt = Part(s)

def = definition(s)

r = regulation(s)/rule(s)

Dict = Dictionary

Reg = Regulation/Regulations

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expired or ceased to have effect

rep = repealed

hdg = heading(s)

rs = repealed and substituted

LI = Legislative Instrument

s = section(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

mod = modified/modification

Sdiv = Subdivision(s)

No = Number(s)

SLI = Select Legislative Instrument

o = order(s)

SR = Statutory Rules

Ord = Ordinance

Sub-Ch = Sub-Chapter(s)

orig = original

SubPt = Subpart(s)

par = paragraph(s)/subparagraph(s)

 

                /sub-subparagraph(s)

 

 

Endnote 3—Legislation history

 

Number and year

FRLI registration

Commencement

Application, saving and transitional provisions

2008 No 51

11 Apr 2008 (see F2008L01026)

12 Apr 2008

 

2010 No 326

13 Dec 2010 (see F2010L03164)

14 Dec 2010

2011 No 65

17 May 2011 (see F2011L00788)

18 May 2011

72, 2013

17 May 2013 (see F2013L00791)

Sch 5: 18 May 2013 (see s 2)

185, 2013

26 July 2013 (see F2013L01446)

Sch 1 (items 15–20): 27 July 2013

 

Endnote 4—Amendment history

 

Provision affected

How affected

Pt 1

 

s 4........................................

am No 185, 2013

Pt 2

 

s 8........................................

am No 72, 2013

s 9........................................

am 2010 No 326; Nos 72 and 185, 2013

s 10......................................

am 2010 No 326; No 72, 2013

s 11......................................

am 2010 No 326; Nos 72 and 185, 2013

s 12......................................

am No 72, 2013

s 13......................................

am 2010 No 326; No 72, 2013

s 14......................................

am 2010 No 326

Pt 3

 

Pt 3......................................

ad 2011 No 65

s 15......................................

ad 2011 No 65

 

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]