Charter of the United Nations (Terrorism and Sanctions Legislation) Amendment Regulations 2003 (No. 1) (Cth)

Charter of the United Nations

(Terrorism and Sanctions

Legislation) Amendment

Regulations 2003 (No. 1)1

168

2

Statutory Rules 2003 No.

I, GUY STEPHEN MONTAGUE GREEN, Administrator 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 2 5 JUN 2003 2003

G S M Green

Administrator

By His Excellency's Command

Minister for Foreign Affairs

ALEXANDER DOWNER

Contents

Page

Contents

1	Name of Regulations	2
2	Commencement	2
3	Amendment of Charter of the United Nations

(Terrorism and Dealings with Assets) Regulations

2002 2

4 Amendment of Charter of the United Nations

(Sanctions — Afghanistan) Regulations 2001 2

Schedule 1	Amendments of C h a r t e r of t h e U n i t e d N a t i o n s
( T e r r o r i s m a n d D e a l i n g s w i t h A s s e t s )
R e g u l a t i o n s 2 0 0 2 3
Schedule 2	Amendments of C h a r t e r of t h e U n i t e d N a t i o n s
( S a n c t i o n s — A f g h a n i s t a n ) R e g u l a t i o n s 6 2 0 0 1

1 Name of Regulations

These Regulations are the Charter of the United Nations (Terrorism and Sanctions Legislation) Amendment Regulations 2003 (No. ). 1

2 Commencement

These Regulations commence on gazettal.

3 Amendment of Charter of the United Nations (Terrorism and Dealings with Assets) Regulations 2002

Schedule 1 amends the Charter of the United Nations

(Terrorism and Dealings with Assets) Regulations 2002.

4 Amendment of Charter of the United Nations (Sanctions — Afghanistan) Regulations 2001

Schedule 2 amends the Charter of the United Nations

(Sanctions — Afghanistan) Regulations 2001.

Amendments of Charter of the United Nations (Terrorism and Schedule 1

Dealings with Assets) Regulations 2002

Schedule 1	Amendments of Charter of the United Nations (Terrorism and Dealings with Assets)
Regulations 2002
{regulation 3)

[1] Before regulation 1

insert

Part 1 Preliminary

[2] Regulation 5, after definition of asset

insert

Committee means the Committee established under

paragraph 6 of Resolution 1267.

[3] Regulation 5, after definition of proscribed person or entity

insert

Resolution 1267 means Resolution 1267 (1999) of the Security

Council of the United Nations.

Resolution 1333 means Resolution 1333 (2000) of the Security

Council of the United Nations.

[4]

Regulation 5, after definition of Resolution 1373

insert

Resolution 1390 means Resolution 1390 (2002) of the Security

Council of the United Nations.

Schedule 1

Amendments of Charter of the United Nations (Terrorism and

Dealings with Assets) Regulations 2002

[5] After regulation 5

insert

Part 2

Grounds for listing persons,

entities or assets

[6] Regulation 6, heading

substitute

6 Listing for Resolution 1373

[7] After regulation 6

insert

Part 3

Proscription under section 18

of the Act

6A Proscribed person or entity

(1) For subsection 18 (1) of the Act, the following are proscribed persons or entities:

(a) the Taliban;

(b) Usama bin Laden;

(c)	a member of the Al-Qaida organisation;
(d)	a person or entity named in the list of the Committee, as in existence from time to time.

Note Paragraph 4 (b) of Resolution 1267, paragraph 8 (c) of Resolution 1333 and paragraph 2 of Resolution 1390 require States to freeze the assets of the persons mentioned in this regulation, and of entities

directly or indirectly controlled by them.

Amendments of Charter of the United Nations (Terrorism and Schedule 1

Dealings with Assets) Regulations 2002

(2) In this regulation:

list of the Committee means the list of individuals, groups,

undertakings and entities associated with a person or entity mentioned in paragraph (1) (a), (b) or (c) that is maintained by the Committee in accordance with paragraph 2 of Resolution 1390.

[8] Before regulation 7

insert

Part 4 Miscellaneous

Schedule 2

Amendments of Charter of the United Nations {Sanctions —

Afghanistan) Regulations 2001

Schedule 2

Amendments of Charter of the

United Nations (Sanctions —

Afghanistan) Regulations 2001

{regulation 4)

[1] Regulation 3 (b)

omit

or (ii); and

insert

or (ii).

[2] Regulation 3 (c)

omit

[3] Regulation 6, definitions of asset, bin Laden asset and Taliban asset

omit

[4] Regulation 6, definition of bin Laden entity

substitute

bin Laden entity means:

(a)	Usama bin Laden; or
(b)	the Al-Qaida organisation; or
(c)	an individual or entity designated by the Committee under paragraph 8(c) of Resolution 1333 as being associated

with Usama bin Laden.

Amendments of Charter of the United Nations (Sanctions — Schedule 2

Afghanistan) Regulations 2001

[5] Regulation 6, definition of Taliban entity

substitute

Taliban entity means:

(a) the Taliban; or

(b) an undertaking designated by the Committee under paragraph 4(b) of Resolution 1267 as being owned or controlled by the Taliban.

[6] Part 4

omit

Notes

1. These Regulations amend (in Schedule 1) Statutory Rules 2002 No. 314. These Regulations also amend (in Schedule 2) Statutory Rules 2001 No. 181, as amended by 2001 No. 298; 2002 No. 196.

2. Notified in the Commonwealth of Australia Gazette on 2003. 2 J u l y