Charter of the United Nations (Sanctions—Central African Republic) Regulation 2014
Select Legislative Instrument No. 9, 2014
I, Quentin Bryce AC CVO, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Charter of the United Nations Act 1945.
Dated 26 February 2014
Quentin Bryce
Governor‑General
By Her Excellency’s Command
Julie Bishop
Minister for Foreign Affairs
Contents
Part 1—Preliminary 1
1............ Name of regulation.............................................................................. 1
2............ Commencement................................................................................... 1
3............ Authority............................................................................................. 1
4............ Definitions.......................................................................................... 1
5............ Definition of export sanctioned goods................................................ 2
6............ Definition of sanctioned service.......................................................... 2
7............ Definition of sanctioned supply.......................................................... 3
Part 2—UN sanction enforcement laws 4
8............ Prohibitions relating to a sanctioned supply........................................ 4
9............ Permit to make a sanctioned supply.................................................... 5
10.......... Prohibitions relating to a sanctioned service........................................ 6
11.......... Permit to provide a sanctioned service................................................ 8
Part 3—Miscellaneous 9
12.......... Delegations by the Minister................................................................ 9
Part 1—Preliminary
1 Name of regulation
This regulation is the Charter of the United Nations (Sanctions—Central African Republic) Regulation 2014.
2 Commencement
This regulation commences on the day after it is registered.
3 Authority
This regulation is made under the Charter of the United Nations Act 1945.
4 Definitions
In this regulation:
Act means the Charter of the United Nations Act 1945.
arms or related matériel includes the following:
(a) weapons;
(b) ammunition;
(c) military vehicles and equipment;
(d) paramilitary equipment;
(e) spare parts for the things mentioned in paragraphs (a) to (d).
AU‑RTF means the African Union‑Regional Task Force.
Australian aircraft has the same meaning as in the Criminal Code.
Australian ship has the same meaning as in the Criminal Code.
BINUCA means the United Nations Integrated Peacebuilding Office in the Central African Republic.
Committee means the Committee established under paragraph 57 of Resolution 2127.
export sanctioned goods has the meaning given by section 5.
MICOPAX means the Mission for the Consolidation of Peace in the Central African Republic.
MISCA means the African‑led International Support Mission in the Central African Republic.
paramilitary equipment means any of the following:
(a) batons, clubs, riot sticks or 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 or other devices used for restraining prisoners;
(d) riot protection shields;
(e) whips.
protective clothing includes flak jackets and military helmets.
Resolution 2127 means Resolution 2127 (2013) of the Security Council, adopted on 5 December 2013.
sanctioned service has the meaning given by section 6.
sanctioned supply has the meaning given by section 7.
5 Definition of export sanctioned goods
Export sanctioned goods means arms or related matériel.
6 Definition of sanctioned service
Sanctioned service:
(a) means the provision to the Central African Republic of technical assistance, training, financial or other assistance, related to:
(i) military activities; or
(ii) the provision, maintenance or use of any arms or related matériel; and
(b) includes the provision to the Central African Republic of armed mercenary personnel whether or not originating in Australia.
7 Definition of 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 the Central African Republic.
Part 2—UN sanction enforcement laws
Note: See section 2B of the Act.
8 Prohibitions relating to a sanctioned supply
(1) A person contravenes this subsection if:
(a) the person makes a sanctioned supply; and
(b) the sanctioned supply is not an authorised supply under subsection (6).
(2) For an offence under section 27 of the Act that relates to a contravention of subsection (1), strict liability applies to the circumstance that the making of the sanctioned supply is not authorised by a permit under section 9.
Note: For strict liability, see section 6.1 of the Criminal Code.
(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: This has the effect that the offence has extraterritorial operation.
(4) A person contravenes this subsection if the person, whether or not in Australia, and whether or not an Australian citizen:
(a) 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; and
(b) the sanctioned supply is not an authorised supply under subsection (6).
(5) A body corporate contravenes this subsection 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 under subsection (6).
(6) An authorised supply is a sanctioned supply that is authorised by:
(a) a permit under section 9; or
(b) for a supply, sale or transfer 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 2127 and any other relevant resolution.
Note: Other relevant resolutions could in 2014 be viewed on the United Nations’ website (http://www.un.org).
(7) A defendant to a charge under section 27 of the Act that relates to subsection (1), (4) or (5) bears an evidential burden in relation to the matter in subparagraph (6)(b)(i).
Note: See section 13.3 of the Criminal Code.
(8) For an offence under section 27 of the Act that relates to subsection (1), (4) or (5), a permit is taken not to have been properly granted for subparagraph (6)(b)(ii) if the prosecution shows that the permit was granted on the basis of:
(a) false or misleading information provided by any person; or
(b) corrupt conduct by any person.
Note: This section is specified as a UN sanction enforcement law in the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.
9 Permit to make a sanctioned supply
(1) A person may apply to the Minister for a permit to make a sanctioned supply.
Note: Section 13A of the Act applies to a permit granted under this section.
(2) The Minister may grant the permit only if the sanctioned supply is one of the following:
(a) a supply intended solely for the support of, or use by, any of the following:
(i) MICOPAX;
(ii) MISCA;
(iii) BINUCA or its guard unit;
(iv) AU‑RTF;
(v) French forces deployed in the Central African Republic;
(b) a supply of non‑lethal military equipment:
(i) intended solely for humanitarian or protective use; and
(ii) approved in advance by the Committee;
(c) a supply of protective clothing temporarily exported to the Central African Republic by any of the following, for their personal use only:
(i) a member of the personnel of the United Nations;
(ii) a representative of the media;
(iii) a humanitarian or development worker;
(iv) a person associated with a person mentioned in subparagraphs (i) to (iii);
(d) a supply of small arms or other related equipment intended solely for use in international patrols providing security in the Sangha River Tri‑national Protected Area to defend against:
(i) poaching; or
(ii) smuggling of ivory or arms; or
(iii) other activities contrary to the national laws of the Central African Republic or the Central African Republic’s international legal obligations;
(e) a supply of arms or other related lethal equipment to the Central African Republic security forces:
(i) intended solely for the support of, or use in, the Central African Republic process of security sector reform; and
(ii) approved in advance by the Committee;
(f) another supply of arms or related matériel that is approved in advance by the Committee.
(3) The permit is subject to any conditions specified in the permit.
10 Prohibitions relating to a sanctioned service
(1) A person contravenes this subsection if:
(a) the person provides a sanctioned service; and
(b) the sanctioned service is not an authorised service under subsection (6).
(2) For an offence under section 27 of the Act that relates to a contravention of subsection (1), strict liability applies to the circumstance that the provision of the sanctioned service is not authorised by a permit under section 11.
Note: For strict liability, see section 6.1 of the Criminal Code.
(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: This has the effect that the offence has extraterritorial operation.
(4) A person contravenes this subsection if the person, whether or not in Australia, and whether or not an Australian citizen:
(a) uses the services of an Australian ship or an Australian aircraft in the course of, or for the purpose of, providing a sanctioned service; and
(b) the sanctioned service is not an authorised service under subsection (6).
(5) A body corporate contravenes this subsection 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 under subsection (6).
(6) An authorised service is a sanctioned service that is authorised by:
(a) a permit under section 11; or
(b) for a service 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 2127 and any other relevant resolution.
Note: Other relevant resolutions could in 2014 be viewed on the United Nations’ website (http://www.un.org).
(7) A defendant to a charge under section 27 of the Act that relates to subsection (1), (4) or (5) bears an evidential burden in relation to the matter in subparagraph (6)(b)(i).
Note: See section 13.3 of the Criminal Code.
(8) For an offence under section 27 of the Act that relates to subsection (1), (4) or (5), a permit is taken not to have been properly granted for subparagraph (6)(b)(ii) if the prosecution shows that the permit was granted on the basis of:
(a) false or misleading information provided by any person; or
(b) corrupt conduct by any person.
Note: This section is specified as a UN sanction enforcement law in the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.
11 Permit to provide a sanctioned service
(1) A person may apply to the Minister for a permit to provide a sanctioned service.
Note: Section 13A of the Act applies to a permit granted under this section.
(2) The Minister may grant the permit only if the sanctioned service is one of the following:
(a) the provision of technical assistance or training:
(i) related to a supply of non‑lethal military equipment intended solely for humanitarian or protective use; and
(ii) approved in advance by the Committee;
(b) other provision of assistance or personnel approved in advance by the Committee.
(3) The permit is subject to any conditions specified in the permit.
Part 3—Miscellaneous
12 Delegations by the Minister
(1) The Minister may delegate the Minister’s powers and functions under this regulation (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.
