Charter of the United Nations (Sanctions Liberia) Amendment Regulations 2005 (No. 1) (Cth)

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Charter of the United Nations (Sanctions — Liberia) Amendment Regulations 2005 (No. 1)1

Select Legislative Instrument 2005 No. 168

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 21 July 2005

P. M. JEFFERY

Governor-General

By His Excellency’s Command

ALEXANDER DOWNER

Minister for Foreign Affairs

1Name of Regulations

These Regulations are the Charter of the United Nations (Sanctions — Liberia) Amendment Regulations 2005 (No. 1).

2Commencement

These Regulations commence on the day after they are registered.

3Amendment of Charter of the United Nations (Sanctions — Liberia) Regulations 2002

Schedule 1 amends the Charter of the United Nations (Sanctions — Liberia) Regulations 2002.

Schedule 1Amendments

(regulation 3)

[1]Regulation 3

omit

Resolution 1343 (2001) and Resolution 1478 (2003)

insert

Resolution 1521 (2003) and Resolution 1532 (2004)

[2]Paragraph 3 (b)

omit

subparagraph (a) (i).

insert

subparagraph (a) (i); and

[3]After paragraph 3 (b)

insert

  1. (c)

    preventing a person:

    1. (i)

      from using or dealing with assets owned or controlled by former Liberian President Charles Taylor, his immediate family members or his other close allies or associates; and

    2. (ii)

      from making any asset available to a person mentioned in subparagraph (i).

[4]Regulation 6, before definition of arms or related matériel

insert

Act means the Charter of the United Nations Act 1945.

[5]Regulation 6, after definition of arms or related matériel

insert

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

[6]Regulation 6, definition of Committee

omit

paragraph 14 of Resolution 1343.

insert

paragraph 21 of Resolution 1521.

[7]Regulation 6, after definition of Committee

insert

designated entity means an entity that:

  1. (a)

    is owned or controlled, directly or indirectly, by:

    1. (i)

      a designated person; or

    2. (ii)

      a person acting on behalf of, or at the direction of, a designated person; and

  2. (b)

    is designated by the Committee under paragraph 1 of Resolution 1532.

designated person means a person designated by the Committee under paragraph 1 of Resolution 1532.

Note For a list of designated persons and designated entities, see the document entitled ‘List of individuals and entities subject to the measures contained in paragraph 1 of Security Council Resolution 1532 (2004) concerning Liberia (The Assets Freeze List)’ at 6, after definition of engage in conduct

insert

excluded asset means an asset (if any) that, under paragraph 2 of Resolution 1532, is not an asset to which paragraph 1 of Resolution 1532 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, including an asset of that kind that is held by a designated entity.

[9]Regulation 6, definition of Resolution 1343

substitute

Resolution 1521 means Resolution 1521 (2003) of the Security Council of the United Nations.

Resolution 1532 means Resolution 1532 (2004) of the Security Council of the United Nations.

UNMIL means the United Nations Mission in Liberia.

[10]Regulations 8 and 9

substitute

8Restriction on sale of arms etc

  1. (1)

    A person must not engage in conduct that assists, or results in, the sale or supply of arms or related matériel to a place in Liberia, if the sale or supply:

    1. (a)

      is not intended solely for support of, or use by, UNMIL; and

    2. (b)

      is not in accordance with an approval given in advance, under subparagraph 2 (e) or (f) of Resolution 1521, by the Committee; and

    3. (c)

      is not of protective clothing that is intended to be worn only by:

      1. (i)

        a member of the personnel of the United Nations; or

      2. (ii)

        a representative of the media; or

      3. (iii)

        a humanitarian or development worker or an associated person.

Penalty: 50 penalty units.

  1. (2)

    Strict liability applies to paragraph (1) (b).

9Restriction on provision of technical assistance etc

  1. (1)

    A person must not engage in conduct that assists, or results in, the provision to a person in Liberia of technical training or other assistance in relation to the provision, manufacture, maintenance or use of arms or related matériel, if the provision of training or assistance:

    1. (a)

      is not intended solely for support of, or use by, UNMIL; and

    2. (b)

      is not in accordance with an approval given in advance, under subparagraph 2 (e) or (f) of Resolution 1521, by the Committee.

Penalty: 50 penalty units.

  1. (2)

    Strict liability applies to paragraph (1) (b).

[11]Regulation 11

substitute

11Use of aircraft for transfer of arms and related matériel

  1. (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 place in Liberia, if the sale or supply:

    1. (a)

      is not intended solely for support of, or use by, UNMIL; and

    2. (b)

      is not in accordance with an approval given in advance, under subparagraph 2 (e) or (f) of Resolution 1521, by the Committee; and

    3. (c)

      is not of protective clothing that is intended to be worn only by:

      1. (i)

        a member of the personnel of the United Nations; or

      2. (ii)

        a representative of the media; or

      3. (iii)

        a humanitarian or development worker or an associated person.

Penalty: 50 penalty units.

  1. (2)

    Strict liability applies to paragraph (1) (b).

[12]Regulation 14

substitute

14Use of ships for transfer of arms and related matériel

  1. (1)

    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 place in Liberia, if the sale or supply:

    1. (a)

      is not intended solely for support of, or use by, UNMIL; and

    2. (b)

      is not in accordance with an approval given in advance, under subparagraph 2 (e) or (f) of Resolution 1521, by the Committee; and

    3. (c)

      is not of protective clothing that is intended to be worn only by:

      1. (i)

        a member of the personnel of the United Nations; or

      2. (ii)

        a representative of the media; or

      3. (iii)

        a humanitarian or development worker or an associated person.

Penalty: 50 penalty units.

  1. (2)

    Strict liability applies to paragraph (1) (b).

[13]After Part 3

insert

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

15Offence — dealing with freezable assets

  1. (1)

    A person commits an offence if:

    1. (a)

      the person holds a freezable asset; and

    2. (b)

      the person:

      1. (i)

        uses or deals with the freezable asset; or

      2. (ii)

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

      3. (iii)

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

    3. (c)

      the use or dealing is not in accordance with a notice under regulation 17.

Penalty: 50 penalty units.

  1. (2)

    Strict liability applies to paragraph (1) (c).

  2. (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.

  3. (4)

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

16Offence — giving an asset to a designated person or designated entity

  1. (1)

    A person commits an offence if:

    1. (a)

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

    2. (b)

      the making available of the asset is not in accordance with a notice under regulation 17.

Penalty: 50 penalty units.

  1. (2)

    Strict liability applies to paragraph (1) (b).

  2. (3)

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

17Authorised dealings

  1. (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. (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. (3)

    The Minister may, by written notice:

    1. (a)

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

    2. (b)

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

  4. (4)

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

  5. (5)

    The notice may be subject to conditions.

  6. (6)

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

  7. (7)

    The Minister may delegate the Minister’s powers and functions under this regulation (other than this power of delegation) to:

    1. (a)

      the Secretary of the Department; or

    2. (b)

      an SES employee, or acting SES employee, in the Department.

  8. (8)

    The delegation must be in writing.

  9. (9)

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

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See

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