Charter of the United Nations (Sanctions — Sierra Leone) Regulations 20081
Select Legislative Instrument 2008 No. 49
I, PHILIP MICHAEL JEFFERY, 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 10 April 2008
P. M. JEFFERY
Governor‑General
By His Excellency’s Command
STEPHEN SMITH
Minister for Foreign Affairs
Contents
Part 1 Preliminary
1 Name of Regulations 3
2 Commencement 3
3 Repeal 3
4 Definitions 3
5 Export sanctioned goods 4
6 Sanctioned supply 4
Part 2 UN sanction enforcement laws
7 Prohibitions relating to a sanctioned supply 5
8 Permit to make a sanctioned supply 6
Part 1 Preliminary
1 Name of Regulations
These Regulations are the Charter of the United Nations (Sanctions — Sierra Leone) Regulations 2008.
2 Commencement
These Regulations commence on the day after they are registered.
3 Repeal
The Charter of the United Nations (Sanctions — Sierra Leone) Regulations 1997 are repealed.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.
Committee means the Committee established under paragraph 10 of Resolution 1132.
ECOMOG means the Military Observer Group of the Economic Community of West African States.
export sanctioned goods has the meaning given by regulation 5.
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).
Resolution 1132 means Resolution 1132 (1997) of the Security Council of the United Nations, adopted on 8 October 1997.
Resolution 1171 means Resolution 1171 (1998) of the Security Council of the United Nations, adopted on 5 June 1998.
sanctioned supply has the meaning given in regulation 6.
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 Sierra Leone.
Part 2 UN sanction enforcement laws
7 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.
(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 8; 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 1171.
(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.
8 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 only if:
(a) the sanctioned supply is:
(i) to the Government of Sierra Leone: and
(ii) through a point of entry specified on a list supplied by the Government of Sierra Leone to the Secretary‑General of the United Nations; or
(b) the sanctioned supply is for the sole use in Sierra Leone of:
(i) ECOMOG; or
(ii) the United Nations.
(3) The Minister must notify the Committee of all permits granted under this regulation.
(4) A permit is subject to any conditions specified in the permit.
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.
