Charter of the United Nations (Sanctions Rwanda) Regulations 1994 (Cth)

Charter of the United Nations (Sanctions — Rwanda) Regulations 1994

Statutory Rules 1994 No. 310 as amended

made under the

Charter of the United Nations Act 1945

This compilation was prepared on 7 March 2002

taking into account amendments up to SR 2002 No. 37

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

Page

• •
• •
• •

    1Name of Regulations [see Note 1]

 These Regulations are the Charter of the United Nations (Sanctions — Rwanda) Regulations 1994.

2Interpretation

 In these Regulations, unless the contrary intention appears:

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

registered ship means a ship registered under the Shipping Registration Act 1981.

3Application of the Regulations

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

4Prohibition on supplying certain goods to Rwanda

• (1)

  A citizen of Australia who is outside Australia must not supply goods specified in the Schedule to:

  • (a)

    a person or body in Rwanda; or

  • (b)

    a person or body for the purpose of a business carried on in, or operated from, Rwanda.

    Penalty:   50 penalty units.

• (2)

  The owner, the master and the operator of a registered ship must not allow the ship to be used to supply goods specified in the Schedule to:

  • (a)

    a person or body in Rwanda; or

  • (b)

    a person or body for the purpose of a business carried on in, or operated from, Rwanda.

    Penalty:   50 penalty units.

• (3)

  The owner, the pilot in command and the operator of a registered aircraft must not allow the aircraft to be used to supply goods specified in the Schedule to:

  • (a)

    a person or body in Rwanda; or

  • (b)

    a person or body for the purpose of a business carried on in, or operated from, Rwanda.

    Penalty:   50 penalty units.

• (4)

  It is a defence to a prosecution against subregulation (1), (2) or (3) if the goods are supplied for the purpose of aiding the activities of the United Nations Assistance Mission for Rwanda or the United Nations Observer Mission in Uganda-Rwanda.

• (5)

  Strict liability applies in subregulations (1), (2) and (3) to the circumstance that the goods were specified in the Schedule.

  Note 1 Forstrict liability, see section 6.1 of the Criminal Code.

  Note 2 A defendant bears an evidential burden in relation to the question whether he or she supplied the goods for the purpose of aiding the activities of the United Nations Assistance Mission for Rwanda or the United Nations Observer Mission in Uganda-Rwanda (see section 13.3 of the Criminal Code).

ScheduleGoods to which regulation 4 applies

(regulation 4)

  

Goods to which regulation 4 applies

 

Column 1

Item No.

Column 2

Goods

1

Military and non-military goods specified in Schedule 13 of the Customs (Prohibited Exports) Regulations

2

Batons, clubs, riot sticks and similar devices of a kind used for law enforcement purposes

3

Body armour, including:

• (a)

  bullet-resistant apparel; and

• (b)

  bullet-resistant pads; and

• (c)

  protective helmets

4

Handcuffs, leg irons and other devices used for restraining prisoners

5

Riot protection shields

6

Whips

7

Parts and accessories designed or adapted for use in or with goods specified in any of items 1 to 6

Notes to the Charter of the United Nations (SanctionsRwanda) Regulations 1994

Note 1

The Charter of the United Nations (Sanctions — Rwanda) Regulations 1994 (in force under the Charter of the United Nations Act 1945) as shown in this compilation comprise Statutory Rules 1994 No. 310 amended as indicated in the Tables below.

Table of Statutory Rules

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
1994 No. 310	6 Sept 1994	6 Sept 1994
2002 No. 37	7 Mar 2002	7 Mar 2002	—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 1..........................................	rs. 2002 No. 37
R. 4..........................................	rs. 2002 No. 37