Charter of the United Nations (Sanctions Cote d'Ivoire) Regulations 2005 (Cth)

Charter of the United Nations (Sanctions — Cote d’Ivoire) Regulations 2005

Select Legislative Instrument 2005 No. 97 as amended

made under the

Charter of the United Nations Act 1945

This compilation was prepared on 18 November 2006

taking into account amendments up to SLI 2006 No. 299

Prepared by the Office of Legislative Drafting and Publishing,

Attorney-General’s Department, Canberra

Contents

 

Part 1Introductory

  1Name of Regulations [see Note 1]

 These Regulations are the Charter of the United Nations (Sanctions — Cote d’Ivoire) Regulations 2005.

2Commencement [see Note 1]

 These Regulations commence on the day after they are registered.

3Object

 The object of these Regulations is to assist in giving effect to Resolution 1572 and Resolution 1643 by:

• (a)

  restricting the supply of arms and related matériel, and the provision of assistance, advice and training related to military activities to Cote d’Ivoire; and

• (b)

  preventing rough diamonds being imported into Australia from Cote d’Ivoire; and

• (c)

  preventing a person:

  • (i)

    from using or dealing with assets owned or controlled by a designated person or entity; and

  • (ii)

    from making any asset available to a designated person or entity.

4Extra‑territorial operation of Regulations

 These Regulations have extra‑territorial operation according to their terms.

5Definitions

 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.

Note   Paramilitary equipment includes parts and accessories designed or adapted for use in, or with, paramilitary equipment mentioned in paragraphs (a) to (e) of the definition of paramilitary equipment (see paragraph (f) of that definition.

asset means an asset described in the definition of asset in section 14 of the Act.

Australian aircraft means an aircraft registered in Australia under the Civil Aviation Act 1988.

Australian ship means a ship registered in Australia under the Shipping Registration Act 1981.

Committee means the Committee established under paragraph 14 of Resolution 1572.

designated entity means an entity designated by the Committee under paragraph 11 of Resolution 1572.

designated person means a person designated by the Committee under paragraph 9 of Resolution 1572.

Note   For a list of designated persons and designated entities, see the Department of Foreign Affairs and Trade ( in conduct means do an act or omit to perform an act.

excluded asset means an asset (if any) that, under paragraph 12 of Resolution 1572, is not an asset to which paragraph 11 of Resolution 1572 applies.

freezable asset means an asset in Australia(other than an excluded asset) that is owned or controlled, directly or indirectly, by a designated person, or held by a designated entity.

Linas‑Marcoussis Agreement has the same meaning as in Resolution 1572.

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 1572 means Resolution 1572 (2004) of the Security Council of the United Nations, adopted on 15 November 2004.

Resolution 1643 means Resolution 1643 (2005) of the Security Council of the United Nations, adopted on 15 December 2005.

UNOCI means the United Nations Operation in Cote d’Ivoire.

Part 2Restriction on supply of arms etc

  6Application of Part

 This Part applies to a person in Australia or a citizen of Australia who is outside Australia.

7Restriction on sale of arms etc

• (1)

  A person must not engage in conduct that assists, or results in, the sale or supply of arms or related matériel to any recipient in Cote d’Ivoire.

  Penalty:   50 penalty units.

• (2)

  Subject to subregulations (3) and (4), subregulation (1) does not apply in relation to the sale or supply of an item of arms or related matériel if:

  • (a)

    the item is sold or supplied to UNOCI or the supporting French forces; or

  • (b)

    the item is non‑lethal military equipment intended solely for humanitarian or protective use; or

  • (c)

    the item is protective clothing, including flak jackets and military helmets, temporarily exported to Cote d’Ivoire by a member of United Nations personnel, a representative of the media or a humanitarian or development worker for personal use; or

  • (d)

    the item is temporarily exported to Cote d’Ivoire for the use of a State that is taking action in accordance with international law solely and directly to facilitate the evacuation of its nationals and those for whom it has consular responsibility in Cote d’Ivoire; or

  • (e)

    the item is supplied solely for support of, or use in, the process of restructuring defence and security forces under subparagraph 3 (f) of the Linas‑Marcoussis Agreement.

• (3)

  For paragraphs (2) (b) and (e), the sale or supply must be approved in advance by the Committee.

• (4)

  For paragraph (2) (d), the sale or supply must be notified in advance to the Committee.

• (5)

  Strict liability applies to the circumstances mentioned in subregulations (3) and (4).

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

8Restriction on provision of technical assistance etc

• (1)

  A person must not engage in conduct that assists, or results in, the provision of assistance, advice or training relating to military activities to a person or body in Cote d’Ivoire.

  Penalty:   50 penalty units.

• (2)

  Subregulation (1) does not apply in relation to the provision of assistance, advice or training:

  • (a)

    that:

    • (i)

      consists of technical assistance and training relating to the supply of non‑lethal military equipment intended solely for humanitarian or protective use; or

    • (ii)

      is provided solely to assist the process

      of restructuring defence and security forces

      under subparagraph 3 (f) of the Linas‑Marcoussis Agreement;

   if the provision of the assistance, advice or training is approved in advance by the Committee; or

  • (b)

    that consists of technical assistance for UNOCI or the supporting French forces.

• (3)

  Strict liability applies to the circumstance that a provision of assistance, advice or training is approved in advance by the Committee.

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

8AProhibition on importation of rough diamonds

 A person must not engage in conduct that assists, or results in:

• (a)

  rough diamonds being imported into Australia from Cote d’Ivoire, whether or not the rough diamonds originated in Cote d’Ivoire; or

• (b)

  rough diamonds that originated in Cote d’Ivoire being imported into Australia from a third country.

Penalty:   50 penalty units.

Part 3Restriction on use of Australian aircraft and ships

  9Use of Australian aircraft and ships for supply of arms etc

• (1)

  The owner, pilot in command or operator of an Australian aircraft must not allow the aircraft to be used in a way that assists, or results in, the sale or supply of arms or related matériel to a person or body in Cote d’Ivoire.

  Penalty:   50 penalty units.

• (2)

  The owner, master or operator of an Australian ship must not allow the ship to be used in a way that assists, or results in, the sale or supply of arms or related matériel to a person or body in Cote d’Ivoire.

  Penalty:   50 penalty units.

• (3)

  Subject to subregulations (4) and (5), subregulations (1) and (2) do not apply in relation to the sale or supply of an item of arms or related matériel if:

  • (a)

    the item is sold or supplied to UNOCI or the supporting French forces; or

  • (b)

    the item supplied is non‑lethal military equipment intended solely for humanitarian or protective use; or

  • (c)

    the item supplied is protective clothing, including flak jackets and military helmets, temporarily exported to Cote d’Ivoire by a member of United Nations personnel, a representative of the media or a humanitarian or development worker for personal use; or

  • (d)

    the item is temporarily exported to Cote d’Ivoire for the use of a State that is taking action in accordance with international law solely and directly to facilitate the evacuation of its nationals and those for whom it has consular responsibility in Cote d’Ivoire; or

  • (e)

    the item is supplied solely for support of, or use in, the process of restructuring defence and security forces under subparagraph 3 (f) of the Linas‑Marcoussis Agreement.

• (4)

  For paragraphs (3) (b) and (e), the sale or supply must be approved in advance by the Committee.

• (5)

  For paragraph (3) (d), the sale or supply must be notified in advance to the Committee.

• (6)

  Strict liability applies to the circumstances mentioned in subregulations (4) and (5).

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

Part 4Freezable assets and restriction on movement of assets to designated persons and designated entities

  

10Offence — dealing with freezable assets

• (1)

  A person commits an offence if:

  • (a)

    the person holds a freezable asset; and

  • (b)

    the person:

    • (i)

      uses or deals with the freezable asset; or

    • (ii)

      allows the freezable asset to be used or dealt with; or

    • (iii)

      facilitates the use of the freezable asset or dealing with the freezable asset; and

  • (c)

    the use or dealing is not in accordance with a notice under regulation 12.

  Penalty:   50 penalty units.

• (2)

  Strict liability applies to the circumstance that the use or dealing is not in accordance with a notice under regulation 12.

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

• (3)

  It is a defence if the person proves that the use or dealing was solely for the purpose of preserving the value of the freezable asset.

  Note   A defendant bears an evidential burden in relation to the matters set out in subregulation (2) (see section 13.3 of the Criminal Code).

• (4)

  Section 15.1 of the Criminal Code (extended geographical jurisdiction — category A) applies to an offence against subregulation (1).

11Offence – giving an asset to a designated person or designated entity

• (1)

  A person commits an offence if:

  • (a)

    the person, directly or indirectly, makes an asset available to a designated person or designated entity; and

  • (b)

    the making available of the asset is not in accordance with a notice under regulation 12.

  Penalty:   50 penalty units.

• (2)

  Strict liability applies to the circumstance that the making available of the asset is not in accordance with a notice under regulation 12

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

• (3)

  Section 15.1 of the Criminal Code (extended geographical jurisdiction — category A) applies to an offence against subregulation (1).

12Authorised dealings

• (1)

  The owner or holder of a freezable asset may apply in writing to the Minister for permission to use or deal with the freezable asset in a specified way.

• (2)

  The owner or holder of an asset may apply in writing to the Minister for permission to make the asset available to a designated person or designated entity specified in the application.

• (3)

  The Minister may, by written notice:

  • (a)

    permit a freezable asset specified in the notice to be used or dealt with in a specified way; or

  • (b)

    permit an asset specified in the notice to be made available to a designated person or designated entity specified in the notice.

• (4)

  The Minister may issue such a notice on his or her own initiative or upon application under subregulation (1) or (2).

• (5)

  The notice may be subject to conditions, and may be expressed to apply from a date before the notice is given.

• (6)

  The notice must be given to the owner or holder of the asset as soon as practicable after it is made.

• (7)

  A notice that is given by the Minister on the basis of false or misleading information is taken to have no effect.

• (8)

  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.

• (9)

  The delegation must be in writing.

• (10)

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

Notes to the Charter of the United Nations (Sanctions — Cote d’Ivoire) Regulations 2005

Note 1

The Charter of the United Nations (Sanctions — Cote d’Ivoire) Regulations 2005 (in force under the Charter of the United Nations Act 1945) as shown in this compilation comprise Select Legislative Instrument 2005 No. 97 amended as indicated in the Tables below.

Table of Instruments

Year and Number	Date of notification in Gazette or FRLI registration	Date of commencement	Application, saving or transitional provisions
2005 No. 97	27 May 2005 (see F2006L01236)	28 May 2005
2006 No. 299	17 Nov 2006 (see F2006L03699)	18 Nov 2006	—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Part 1
R. 3..........................................	rs. 2006 No. 299
R. 5..........................................	am. 2006 No. 299
Part 2
R. 7..........................................	am. 2006 No. 299
Note to r. 7 (2)........................	rep. 2006 No. 299
R. 8..........................................	am. 2006 No. 299
Note to r. 8 (2)........................	rep. 2006 No. 299
R. 8A.......................................	ad. 2006 No. 299
Part 3
R. 9..........................................	am. 2006 No. 299
Note to r. 9 (3)........................	rep. 2006 No. 299
Part 4
Part 4.......................................	ad. 2006 No. 299
R. 10........................................	ad. 2006 No. 299
R. 11........................................	ad. 2006 No. 299
R. 12........................................	ad. 2006 No. 299