Charter of the United Nations (Anti-terrorism Measures) Regulations 2001

Legislation au C2004L02313 Regulations Not in force Legislative Instrument

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Charter of the United Nations (Anti‑terrorism Measures) Regulations 2001

Statutory Rules 2001 No. 297 as amended

made under the

Charter of the United Nations Act 1945

This compilation was prepared on 13 December 2002
taking into account amendments up to SR 2002 No. 314

[Note:  These regulations are repealed by SR 2002 No. 314]

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

 1 Name of Regulations [see Note 1] 

 2 Commencement 

 3 Object 

 4 Extra-territorial operation of Regulations 

 5 Application of Criminal Code

 6 Definitions 

 7 Gazettal of persons, entities and assets 

 8 Authorisation of dealings 

 9 Persons must not deal with freezable assets 

 10 Persons must not give assets to proscribed persons or entities             

 11 Indemnity for holder of assets 

 12 Compensation for persons wrongly affected 

Notes 

 

 

 

 

1 Name of Regulations [see Note 1]

  These Regulations are the Charter of the United Nations (Anti‑terrorism Measures) Regulations 2001.

2 Commencement

  These Regulations commence on 15 October 2001.

3 Object

  The object of these Regulations is to assist in giving effect to Resolution 1373 (2001) of the Security Council of the United Nations, concerning measures for the suppression of terrorism by preventing a person in Australia, or a citizen of Australia, from dealing with financial assets of persons or entities that engage in or support terrorism, or are under the direct or indirect control of such persons or entities.

4 Extra-territorial operation of Regulations

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

5 Application of Criminal Code

  Chapter 2 of the Criminal Code applies on and from 15 October 2001 to all offences created by these Regulations.

Note 1   Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2   For the meaning of strict liability, see section 6.1 of the Criminal Code.

6 Definitions

Resolution 1373 means Resolution 1373 (2001) of the Security Council of the United Nations.

asset includes the following:

 (a) funds;

 (b) financial assets;

 (c) tangible and intangible assets;

 (d) property rights;

 (e) publicly and privately traded securities;

 (f) publicly and privately traded debt instruments;

 (g) income from, or proceeds from the sale of, assets mentioned in paragraphs (a) to (f).

freezable asset means an asset that:

 (a) is owned or controlled by a proscribed person or entity; or

 (b) is an asset listed under subregulation 7 (3); or

 (c) is derived or generated from assets mentioned in paragraph (a) or (b).

proscribed has the meaning given by subregulation 7 (2).

entity has the same meaning as in paragraph 1 (c) of Resolution 1373.

7 Gazettal of persons, entities and assets

 (1) If the Minister is satisfied that a person or entity is a person or entity mentioned in paragraph 1 (c) of Resolution 1373, the Minister must list the name, or names, of the person or entity in the Gazette.

 (2) A person or entity so listed is a proscribed person or entity for these Regulations.

 (3) The Minister may also list assets, or classes of assets, that the Minister is satisfied are owned or controlled by a person or entity mentioned in paragraph 1 (c) of Resolution 1373.

Note   Paragraph 1 (c) of Resolution 1373 requires States to:

“Freeze without delay funds and other financial assets or economic resources of persons who commit, or attempt to commit, terrorist acts or participate in or facilitate the commission of terrorist acts; of entities owned or controlled directly or indirectly by such persons; and of persons and entities acting on behalf of, or at the direction of such persons and entities, including funds derived or generated from property owned or controlled directly or indirectly by such persons and associated persons and entities;”.

8 Authorisation of dealings

 (1) The Minister, or a person authorised by the Minister, may, by written notice:

 (a) permit a freezable asset to be used or dealt with in a specified way; or

 (b) permit an asset to be made available to a proscribed person or entity.

 (2) A notice under this regulation may be subject to conditions.

9 Persons must not deal with freezable assets

 (1) A person who holds a freezable asset commits an offence if:

 (a) the person:

 (i) uses or deals with the asset; or

 (ii) allows the asset to be used or dealt with; or

 (iii) facilitates the use of the asset or dealing with the asset; and

 (b) the person is reckless as to whether the asset is a freezable asset; and

 (c) the use or dealing is not in accordance with a notice under regulation 8.

Penalty:   50 penalty units.

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

 (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 asset.

 (4) In this regulation:

person means:

 (a) a person (including a body corporate) in Australia; or

 (b) an Australian citizen outside Australia.

10 Persons must not give assets to proscribed persons or entities

 (1) A person commits an offence if:

 (a) the person, directly or indirectly, makes an asset available to a proscribed person or entity; and

 (b) the person is reckless as to whether the person or entity is a proscribed person or entity; and

 (c) the making available of the asset is not in accordance with a notice under regulation 8.

Penalty:   50 penalty units.

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

 (3) In this regulation:

person means:

 (a) a person (including a body corporate) in Australia; or

 (b) an Australian citizen outside Australia.

11 Indemnity for holder of assets

  A person is not liable to suit for anything done in good faith, and without negligence, in purported compliance with these Regulations.

12 Compensation for persons wrongly affected

  If:

 (a) an asset was not used or dealt with by the holder in accordance with the instructions of the owner or controller of the asset; and

 (b) the holder was acting in good faith, and without negligence, in purported compliance with these regulations; and

 (c) the asset was not a freezable asset;

the owner of the asset is entitled to be compensated by the Commonwealth for any loss resulting from the application of these Regulations.

 

Notes to the Charter of the United Nations (Anti‑terrorism Measures) Regulations 2001

Note 1

The Charter of the United Nations (Anti‑terrorism Measures) Regulations 2001 (in force under the Charter of the United Nations Act 1945) as shown in this compilation comprise Statutory Rules 2001 No. 297 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

2001 No. 297

9 Oct 2001

15 Oct 2001

 

2002 No. 314

13 Dec 2002

13 Dec 2002 (see r. 2 and Gazette 2002, No. S471)

—

 

 

Overview

The Charter of the United Nations (Anti-terrorism Measures) Regulations 2001, which came into effect on 15 October 2001, were enacted under the Charter of the United Nations Act 1945. These regulations were introduced to address the need for Australia to implement measures to combat terrorism, specifically in line with Resolution 1373 (2001) of the United Nations Security Council. The overarching policy objective of these regulations is to prevent Australians and Australian entities from engaging in financial transactions with individuals or entities involved in terrorism or under their control. The regulations were enacted by the Australian Government through the Attorney-General’s Department and are designed to have extra-territorial effect, thereby ensuring that Australians abroad are also bound by these provisions. These regulations mandate the freezing of assets belonging to or controlled by individuals or entities linked to terrorism and prohibit the dealing with such assets without authorisation. They also impose strict liability for unauthorised dealings with these assets and provide mechanisms for indemnity and compensation for those who are wrongly affected. The regulations outline clear definitions and processes for the gazette of proscribed individuals, entities, and assets, and specify the conditions under which authorised dealings with such assets may be permitted.

Scope and Application

The Charter of the United Nations (Anti-terrorism Measures) Regulations 2001, made under the Charter of the United Nations Act 1945, apply to all persons in Australia, including body corporates, and Australian citizens outside Australia. Their object is to assist in implementing United Nations Security Council Resolution 1373 (2001) by preventing Australians and Australian citizens from dealing with financial assets of persons or entities involved in terrorism or under their control. These Regulations have extra-territorial operation, extending their reach beyond Australia's borders. They also incorporate the general principles of criminal responsibility from Chapter 2 of the Criminal Code, which applies to all offences created by these Regulations. The Regulations permit the Minister or an authorised person to permit the use or dealing of freezable assets under specific conditions and prohibit unauthorised use or dealing with such assets, imposing penalties for non-compliance. Furthermore, the Regulations protect individuals who act in good faith and without negligence from liability and provide compensation for wrongful application of the Regulations.

Key Provisions

The Charter of the United Nations (Anti-terrorism Measures) Regulations 2001 (the "Regulations") were made under the Charter of the United Nations Act 1945. These Regulations aim to implement Resolution 1373 (2001) of the United Nations Security Council, which mandates measures to prevent terrorism by restricting financial transactions with individuals or entities involved in or supporting terrorism. The primary operative sections of these Regulations include sections 7, 9, 10, 11, and 12. Section 7 of the Regulations outlines the process for gazetted listing of persons, entities, and assets. It mandates that if the Minister is satisfied that a person or entity is involved in terrorism, they must list these individuals or entities in the Gazette. Those listed become "proscribed persons or entities" for the purposes of these Regulations. Additionally, the Minister can list assets or classes of assets owned or controlled by these listed individuals or entities. Section 8 allows the Minister or an authorised person to issue written notices permitting the use or dealing of certain assets under specific conditions. Sections 9 and 10 impose strict obligations on individuals and entities regarding the use and transfer of assets. Section 9 makes it an offence for a person holding a "freezable asset" to use or deal with it without proper authorisation, with a penalty of 50 penalty units. Similarly, Section 10 prohibits the transfer of assets to proscribed persons or entities without authorisation, also carrying a penalty of 50 penalty units. Both sections apply strict liability, meaning that intent or recklessness is not required to establish an offence. Section 11 provides an indemnity for individuals who act in good faith and without negligence in compliance with the Regulations, protecting them from liability for their actions. Section 12 offers compensation to asset owners if they suffer a loss due to the application of these Regulations, provided the holder acted in good faith and without negligence and the asset was not a freezable asset. The Regulations also impose criminal consequences for non-compliance. Violation of Sections 9 and 10 is subject to strict liability, which means that an individual can be found guilty even if they were unaware of the prohibition. However, there is a defence available if the individual can prove that the use or dealing of the asset was solely for preserving its value. Non-compliance with these provisions can result in financial penalties of up to 50 penalty units. Furthermore, the Regulations provide for compensation to individuals who suffer losses due to the misapplication of these measures, provided they acted in good faith and without negligence.

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National Security Law
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.