Charter of the United Nations (Sanctions—South Sudan) Regulation 2015
Select Legislative Instrument No. 141, 2015
I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation.
Dated 20 August 2015
Peter Cosgrove
Governor‑General
By His Excellency’s Command
Julie Bishop
Minister for Foreign Affairs
Contents
Part 1—Preliminary 1
1............ Name................................................................................................... 1
2............ Commencement................................................................................... 1
3............ Authority............................................................................................. 1
4............ Definitions.......................................................................................... 1
Part 2—UN sanction enforcement laws 3
5............ Prohibition relating to dealings with designated persons or entities.... 3
6............ Prohibition relating to controlled assets............................................... 3
7............ Permit for assets and controlled assets................................................ 4
Part 3—Miscellaneous 6
8............ Delegations by the Minister................................................................ 6
Part 1—Preliminary
1 Name
This is the Charter of the United Nations (Sanctions—South Sudan) Regulation 2015.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of this instrument
The day after this instrument is registered.
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under the Charter of the United Nations Act 1945.
4 Definitions
In this instrument:
Act means the Charter of the United Nations Act 1945.
Committee means the Committee established under paragraph 16 of Resolution 2206.
controlled asset means an asset that is owned or controlled, directly or indirectly, by:
(a) a designated person or entity; or
(b) a person or entity acting on behalf of, or at the direction of, a designated person or entity; or
(c) an entity owned or controlled by a designated person or entity.
designated person or entity means a person or entity that the Committee designates for paragraph 12 of Resolution 2206.
Resolution 2206 means Resolution 2206 (2015) of the Security Council, adopted on 3 March 2015.
Part 2—UN sanction enforcement laws
Note: See section 2B of the Act.
5 Prohibition relating to dealings with designated persons or entities
(1) A person contravenes this subsection if:
(a) the person directly or indirectly makes an asset available to, or for the benefit of, a designated person or entity; and
(b) the making available of the asset is not authorised by a permit under section 7.
(2) For an offence under section 27 of the Act that relates to a contravention of subsection (1) by an individual, strict liability applies to the circumstance that the making available of the asset is not authorised by a permit under section 7.
(3) Section 15.1 of the Criminal Code (Extended geographical jurisdiction—category A) applies to an offence under section 27 of the Act that relates to a contravention of subsection (1).
Note 1: Subsection (3) has the effect that the offence has extraterritorial operation.
Note 2: This section is specified as a UN sanction enforcement law in the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.
6 Prohibition relating to controlled assets
(1) A person contravenes this subsection 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 section 7.
(2) For an offence under section 27 of the Act that relates to a contravention of subsection (1) by an individual, strict liability applies to the circumstance that the use of, or dealing with, the asset is not authorised by a permit under section 7.
(3) Section 15.1 of the Criminal Code (Extended geographical jurisdiction—category A) applies to an offence under section 27 of the Act that relates to a contravention of subsection (1).
Note 1: Subsection (3) has the effect that the offence has extraterritorial operation.
Note 2: This section is specified as a UN sanction enforcement law in the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.
7 Permit for assets and controlled assets
Application for permit
(1) A person may apply to the Minister for a permit authorising:
(a) the making available of an asset that would otherwise contravene subsection 5(1); or
(b) a use of, or dealing with, a controlled asset that would otherwise contravene subsection 6(1).
(2) The application must be for one of the following:
(a) a basic expense dealing;
(b) a legally required dealing;
(c) a contractual dealing;
(d) a required payment dealing;
(e) an extraordinary expense dealing.
Note: For the definitions of basic expense dealing, legally required dealing, contractual dealing, required payment dealing and extraordinary expense dealing, see regulation 5 of the Charter of the United Nations (Dealing with Assets) Regulations 2008.
(3) The application must state which kind of dealing the application is for.
Grant of permit
(4) If the application is for a basic expense dealing, the Minister:
(a) must give the Committee notice of the application; and
(b) may grant the permit only if the Committee does not make a negative decision in relation to the application within 5 working days after the notice is given.
(5) If the application is for a legally required dealing, the Minister may grant the permit only after giving the Committee notice of the application.
(6) If the application is for a contractual dealing, the Minister may grant the permit.
(7) If the application is for a required payment dealing, the Minister may grant the permit only after giving the Committee at least 10 working days’ notice.
(8) If the application is for an extraordinary expense dealing, the Minister:
(a) must give the Committee notice of the application; and
(b) may grant the permit only with the Committee’s approval.
(9) The permit is subject to any conditions specified in the permit.
Note: Section 13A of the Act applies to a permit granted under this section.
Part 3—Miscellaneous
8 Delegations by the Minister
(1) The Minister may delegate the Minister’s powers and functions under this instrument (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.
