Charter of the United Nations (Sanctions Sudan) Amendment Regulations 2010 (No. 1) (Cth)

Charter of the United Nations (Sanctions — Sudan) Amendment Regulations 2010 (No. 1)¹

Select Legislative Instrument 2010 No. 326

I, QUENTIN BRYCE, 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 8 December 2010

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

ROBERT McCLELLAND

Attorney-General for the Minister for Foreign Affairs

Name of Regulations

These Regulations are the Charter of the United Nations (Sanctions — Sudan) Amendment Regulations 2010 (No. 1).

Commencement

These Regulations commence on the day after they are registered.

Amendment of Charter of the United Nations (Sanctions — Sudan) Regulations 2008

Schedule 1 amends the Charter of the United Nations (Sanctions — Sudan) Regulations 2008.

Schedule 1 Amendments

(regulation 3)

[1] Subregulation 9 (2)

substitute

(2)The Minister may grant a permit authorising the making of a sanctioned supply to a person mentioned in the following table only if the sanctioned supply to which the permit relates is mentioned in the table in subregulation (3).

Item	Person
1	Any non-governmental entity or individual operating in the states of North Darfur, South Darfur or West Darfur
2	A party to the N’djamena Ceasefire Agreement
3	A belligerent in the states of North Darfur, South Darfur or West Darfur

[2] Subregulation 9 (3), first occurring

substitute

(3)The Minister may grant a permit authorising the making of a sanctioned supply to a person mentioned in the table in subregulation (2) only if the sanctioned supply to which the permit relates is mentioned in the following table.

Item	A supply ...
1	for an authorised operation
2	of non-lethal military equipment that is intended solely for humanitarian use, human rights monitoring or protective use
3	of protective clothing that is temporarily exported to Sudan for the personal use of any of the following: (a) a member of the personnel of the United Nations; (b) a person engaged in human rights monitoring; (c) a representative of the media; (d) a humanitarian or development worker or an associated person
4	that is provided in support of the implementation of the Comprehensive Peace Agreement and notified in advance to the Committee
5	of military equipment and supplies for use in the Darfur region that is approved in advance by the Committee in response to a request by the Government of Sudan

(4)The Minister must not grant a permit authorising a sanctioned supply unless the Minister has obtained sufficient end user documentation to ascertain that the supply will be conducted consistent with Resolution 1556 and Resolution 1591.

[3] Subregulation 9 (3), second occurring

renumber as subregulation (5)

[4] Subregulation 10 (1)

substitute

(1)A person contravenes this regulation if:

(a)the person provides a sanctioned service; and

(b)the sanctioned service is not an authorised service; and

(c)the sanctioned service is not provided in relation to an authorised supply.

[5] Subregulations 11 (2), (3) and (4)

substitute

(2)The Minister may grant a permit authorising the provision of a sanctioned service to a person mentioned in the following table only if the sanctioned service to which the permit relates is mentioned in the table in subregulation (3).

Item	Person
1	Any non-governmental entity or individual operating in the states of North Darfur, South Darfur or West Darfur
2	A party to the N’djamena Ceasefire Agreement
3	A belligerent in the states of North Darfur, South Darfur or West Darfur

(3)The Minister may grant a permit authorising the provision of a sanctioned service to a person mentioned in the table in subregulation (2) only if the sanctioned service to which the permit relates is mentioned in the following table.

Item	A service ...
1	for an authorised operation
2	provided in relation to a supply of non-lethal military equipment that is intended solely for humanitarian use, human rights monitoring or protective use
3	that is provided in support of the implementation of the Comprehensive Peace Agreement and notified in advance to the Committee

(4)A permit is subject to any conditions specified in the permit.

[6] Paragraph 13 (1) (c)

substitute

(c)the use or dealing is not authorised by a permit under regulation 14.

[7] Subregulation 14 (1)

substitute

(1)The Minister may, on application, grant a person a permit authorising:

(a)a making available of an asset that would otherwise contravene subregulation 12 (1); or

(b)a use of, or a dealing with, a controlled asset that would otherwise contravene subregulation 13 (1).

[8] Subregulation 14 (6)

omit

applications

insert

application

Note

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