Charter of the United Nations (Sanctions Angola) Regulations (Amendment) (Cth)

Statutory Rules 1997No. 392 1

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Charter of the United Nations (Sanctions—Angola) 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 18 December 1997.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

TIM FISCHER

Minister for Trade

for the

Minister for Foreign Affairs

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1.   Amendment

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

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

2.   New regulation 1A

2.1   After regulation 1, insert:

Object

 “1A. The object of these Regulations is to assist in giving effect to resolutions of the Security Council of the United Nation, by preventing:

• (a)

  the supply of military and similar goods, petroleum and petroleum products to UNITA; and

• (b)

  flights of aircraft by or for UNITA; and

• (c)

  the supply of any aircraft, or aircraft components, to UNITA; and

• (d)

  the insurance, engineering and servicing of UNITA aircraft.”.

3.   Regulation 2 (Interpretation)

3.1   Definitions of “registered aircraft” and “registered ship”:

Omit the definitions.

3.2   Add at the end the following definitions:

“; ‘Resolution 1127’ means Resolution 1127 (1997) of the Security Council of the United Nations, as affected by Resolutions 1130 (1997) and 1135 (1997);

‘UNITA’ means União Nacional para a Independência Total de Angola.”.

4.   Regulation 3 (Application of the Regulations)

4.1   Omit the regulation.

5.   Regulation 4 (Prohibition on supplying certain goods within Angola)

5.1   Subregulations 4 (2) and (3):

Omit the subregulations.

6.   New regulations 5, 6 and 7

After regulation 4, insert:

Flights by certain aircraft

 “5. (1) A person in Australia must not permit, or purport to permit, an aircraft to take off from, or land in, Australia if the aircraft  is destined to land at, or has taken off from, a place in the territory of Angola other than a place nominated by the Government of Angola, under subparagraph 4 (d) of Resolution 1127, to the Committee established under Resolution 864 (1993).

 (2) Subregulation (1) does not apply to action in response to a medical emergency, or flights carrying food, medicine or other supplies essential for humanitarian needs approved, under paragraph 5 of Resolution 1127, by the Committee established under Resolution 864 (1993).

Penalty: 50 penalty units.

Prohibition of certain transactions relating to aircraft

 “6. (1) A person in Australia, or a citizen of Australia who is outside Australia, must not, intentionally or recklessly, enter into, or continue to engage in, an arrangement with a person:

• (a)

  to make available for operation within Angola an aircraft; or

• (b)

  to make available for use within Angola a component of an aircraft; or

• (c)

  to provide engineering or maintenance servicing of:

  • (i)

    an aircraft registered under a law of Angola; or

  • (ii)

    a component of such an aircraft; or

• (d)

  to provide a certificate of airworthiness for an aircraft registered under a law of Angola; or

• (e)

  to pay an insurance claim made after the commencement of these Regulations in relation to an aircraft registered under a law of Angola; or

(f)to provide new, or renewed, direct insurance of an aircraft registered under a law of Angola.

Penalty: 50 penalty units.

 “(2) Subregulation (1) does not apply:

• (a)

  for paragraphs (a) and (b)—to provision of an aircraft, or aircraft component, through a point of entry nominated by the Government of Angola, under subparagraph 4 (d) of Resolution 1127, to the Committee established under Resolution 864 (1993); or

• (b)

  for paragraphs (c), (d), (e) and (f)—to provision of a service or thing in relation to an aircraft:

  • (i)

    that has entered Angola through a point of entry that is a place described in subregulation 5 (1); or

  • (ii)

    nominated by the Government of Angola, under subparagraph 4 (d) of Resolution 1127, to the Committee established under Resolution 864 (1993).

Restriction on use of Australian aircraft and ships

 “7. (1) The owner, pilot in command or operator of an aircraft registered in Australia under the Civil Aviation Act 1988 must not allow, intentionally or recklessly, the aircraft to be used:

• (a)

  to supply to a person goods mentioned in Schedule 2 if:

  • (i)

    the goods are to be delivered to a place in Angola: and

  • (ii)

    the first place in Angola at which the goods are to be delivered is not a prescribed entry point; or

• (b)

  in relation to a matter proscribed by paragraph 6 (1) (a), (b) or (c).

 “(2) The owner, master or operator of a ship registered in Australia under the Shipping Registration Act 1981 must not allow, intentionally or recklessly, the ship to be used:

• (a)

  to supply to a person goods mentioned in Schedule 2 if:

  • (i)

    the goods are to be delivered to a place in Angola: and

  • (ii)

    the first place in Angola at which the goods are to be delivered is not a prescribed entry point; or

• (b)

  in relation to a matter proscribed by paragraph 6 (1) (a), (b) or (c).

 “(3) This regulation has extra-territorial operation, according to its terms.

Penalty: 50 penalty units.”.

7.   Schedule 2 (Goods to which regulation 4 applies)

7.1   Item 1:

Omit all the words in column 2, substitute “Goods of a kind to which regulation 13E of the Customs (Prohibited Exports) Regulations applies”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 24 December 1997.

2. Statutory Rules 1994 No. 156.