Charter of the United Nations (Sanctions—Al-Shabaab) Regulations 2008

Charter of the United Nations (Sanctions—Al‑Shabaab) Regulations 2008

Select Legislative Instrument No. 50, 2008

made under the

Charter of the United Nations Act 1945

Compilation No. 11

Compilation date: 26 March 2026

Includes amendments: F2026L00298

About this compilation

This compilation

This is a compilation of the Charter of the United Nations (Sanctions—Al-Shabaab) Regulations 2008 that shows the text of the law as amended and in force on 26 March 2026 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary

1 Name of Regulations

4 Definitions

5 Definition of export sanctioned goods

5A Definition of import sanctioned goods

6 Definition of prohibited service to a designated person or entity

6A Definition of prohibited supply to a designated person or entity

7 Meaning of sanctioned service

7A Meaning of sanctioned supply

Part 2—UN sanction enforcement laws

Division 2.1—Sanctioned supplies and sanctioned services

8 Prohibitions relating to a sanctioned supply

9 Permit to make a sanctioned supply

10 Prohibitions relating to a sanctioned service

11 Permit to provide a sanctioned service

11A Circumstances in which Minister may grant permits

11B Requirements for notifications and requests for advance approval

Division 2.2—Sanctions relating to designated person or entity

12 Prohibitions relating to a prohibited supply or prohibited service to a designated person or entity

13 Prohibitions relating to dealings with designated persons or entities

14 Prohibitions relating to controlled assets

15 Permit for assets or controlled assets

Division 2.3—Sanctioned imports

15A Prohibitions relating to import sanctioned goods

Division 2.4—Miscellaneous

15B Extra‑territorial effect of certain provisions

15C Permits granted by foreign countries

Part 3—Miscellaneous

16 Delegations by Minister

17 No claim for breach of contract or failure to perform transaction

Part 4—Application, savings and transitional provisions

Division 1—Amendments made by the Charter of the United Nations Legislation Amendment (Sanctions) Regulations 2026

18 Definitions

19 Amendments made by the Charter of the United Nations Legislation Amendment (Sanctions) Regulations 2026

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

1  Name of Regulations

  These Regulations are the Charter of the United Nations (Sanctions—Al‑Shabaab) Regulations 2008.

4  Definitions

Note 1: A number of expressions used in these Regulations are defined in the Act, including asset.

Note 2: Security Council resolutions could in 2026 be viewed on the United Nations’ website (https://www.un.org).

  In these Regulations:

Act means the Charter of the United Nations Act 1945.

AUSSOM means the African Union Support and Stabilisation Mission in Somalia.

Australian aircraft has the same meaning as in the Criminal Code.

Australian ship has the same meaning as in the Criminal Code.

Committee means the Security Council Committee pursuant to resolution 2713 (2023) concerning Al‑Shabaab.

Note: See paragraph 31 of Resolution 2713 (2023) of the Security Council, adopted on 1 December 2023.

controlled asset means an asset owned or controlled, directly or indirectly, by:

 (a) a designated person or entity; or

 (b) a person or entity acting on behalf of, or at the direction of, a designated person or entity.

designated person or entity means a person or entity that:

 (a) the Committee designates for paragraph 3 of Resolution 1844; or

 (b) the Security Council or the Committee decides is subject to the asset freeze measures relating to Al‑Shabaab.

Note: A list of designated persons and entities could in 2026 be viewed on the United Nations’ website (https://www.un.org).

export sanctioned goods has the meaning given by regulation 5.

import sanctioned goods has the meaning given by regulation 5A.

licensed private security company means a company mentioned in:

 (a) the list requested in paragraph 36 of Resolution 2776; or

 (b) another list of licenced private security companies requested in, or otherwise provided for by, other Security Council resolutions relating to Al‑Shabaab, as existing from time to time.

Member State means a Member State of the United Nations.

paramilitary equipment means any of the following:

 (a) batons, clubs, riot sticks and similar devices of a kind used for law enforcement purposes;

 (b) body armour, including:

 (i) bullet‑resistant apparel; and

 (ii) bullet‑resistant pads; and

 (iii) protective helmets;

 (c) handcuffs, leg irons and other devices used for restraining prisoners;

 (d) riot protection shields;

 (e) whips.

prohibited service to a designated person or entity has the meaning given by regulation 6.

prohibited supply to a designated person or entity has the meaning given by regulation 6A.

protective clothing includes flak jackets and military helmets.

Resolution 1844 means Resolution 1844 (2008) of the Security Council, adopted on 20 November 2008.

Resolution 1846 means Resolution 1846 (2008) of the Security Council, adopted on 2 December 2008.

Resolution 2776 means Resolution 2776 (2025) of the Security Council, adopted on 3 March 2025.

sanctioned service has the meaning given by regulation 7.

sanctioned supply has the meaning given by regulation 7A.

Security Council resolution means a resolution adopted by the Security Council.

UNSOS means the United Nations Support Office in Somalia.

UNTMIS means the United Nations Transitional Assistance Mission in Somalia.

weapons or military equipment includes the following:

 (a) weapons;

 (b) ammunition;

 (c) military vehicles and equipment;

 (d) paramilitary equipment;

 (e) spare parts for the things mentioned in paragraphs (a) to (d).

working day means a day that is not a Saturday, a Sunday or a public holiday observed by the United Nations in New York.

5  Definition of export sanctioned goods

  Export sanctioned goods means weapons or military equipment.

5A  Definition of import sanctioned goods

  Import sanctioned goods means charcoal.

6  Definition of prohibited service to a designated person or entity

  A person provides a prohibited service to a designated person or entity if:

 (a) the person directly or indirectly provides the designated person or entity with:

 (i) technical assistance or training; or

 (ii) financial assistance, including investment, brokering or other financial services; or

 (iii) other assistance; and

 (b) the assistance or training mentioned in paragraph (a) relates to:

 (i) military activities; or

 (ii) the supply, sale, transfer, manufacture, maintenance or use of export sanctioned goods.

6A  Definition of prohibited supply to a designated person or entity

  Prohibited supply to a designated person or entity means the direct or indirect supply, sale or transfer to a designated person or entity of export sanctioned goods.

7  Meaning of sanctioned service

  A sanctioned service is the provision, to a person or entity in Somalia, of financing for the acquisition or delivery of export sanctioned goods.

7A  Meaning of sanctioned supply

  A person makes a sanctioned supply if:

 (a) the person supplies, sells or transfers goods to another person; and

 (b) the goods are export sanctioned goods; and

 (c) as a direct or indirect result of the supply, sale or transfer the goods are transferred to any person or entity in Somalia.

Part 2—UN sanction enforcement laws

Division 2.1—Sanctioned supplies and sanctioned services

8  Prohibitions relating to a sanctioned supply

 (1) A person contravenes this subregulation if:

 (a) the person makes a sanctioned supply; and

 (b) the sanctioned supply is not an authorised supply.

 (2) Regulation 15B (extra‑territorial effect) applies to subregulation (1) of this regulation.

 (3) A person contravenes this subregulation if:

 (a) the person:

 (i) whether or not in Australia; and

 (ii) whether or not an Australian citizen;

  uses the services of an Australian ship or an Australian aircraft to transport export sanctioned goods in the course of, or for the purpose of, making a sanctioned supply; and

 (b) the sanctioned supply is not an authorised supply.

 (4) For the purposes of this regulation, an authorised supply is a sanctioned supply that is authorised by:

 (a) a permit granted under regulation 9; or

 (b) for a supply, sale or transfer in or from a foreign country—a permit:

 (i) granted by the foreign country; and

 (ii) properly granted by the foreign country; and

 (iii) granted in accordance with the foreign country’s obligations under Security Council resolutions relating to Al‑Shabaab, as existing from time to time.

9  Permit to make a sanctioned supply

 (1) The Minister may, on application, grant a person a permit authorising the making of a sanctioned supply.

Note: Under section 13A of the Act, a permit is taken never to have been granted if the application for the permit contains information that is false or misleading in a material particular.

 (2) The Minister may grant the permit under subregulation (1) if regulation 11A applies to the sanctioned supply.

 (3) The permit is subject to any conditions specified in the permit.

 (4) If the Minister grants a permit to make a sanctioned supply to which subregulation 11A(10) applies, the Minister must notify the Committee of the sanctioned supply within 15 working days after the sanctioned supply is made.

 (5) The notification to the Committee by the Minister must comply with regulation 11B.

10  Prohibitions relating to a sanctioned service

 (1) A person contravenes this subregulation if:

 (a) the person provides a sanctioned service; and

 (b) the service is not an authorised service.

 (2) Regulation 15B (extra‑territorial effect) applies to subregulation (1) of this regulation.

 (3) A person contravenes this subregulation if:

 (a) the person:

 (i) whether or not in Australia; and

 (ii) whether or not an Australian citizen;

  uses the services of an Australian ship or an Australian aircraft in the course of, or for the purpose of, providing a sanctioned service; and

 (b) the service is not an authorised service.

 (4) For the purposes of this regulation, an authorised service is a sanctioned service that is authorised by:

 (a) a permit granted under regulation 11; or

 (b) for a service provided in or from a foreign country—a permit:

 (i) granted by the foreign country; and

 (ii) properly granted by the foreign country; and

 (iii) granted in accordance with the foreign country’s obligations under Security Council resolutions relating to Al‑Shabaab, as existing from time to time.

 (5) For the purposes of this regulation, the provision, to a person or entity in Somalia, of financing for the acquisition or delivery of export sanctioned goods is also an authorised service if:

 (a) the acquisition is a direct or indirect result of an authorised supply (within the meaning of regulation 8) of the goods; or

 (b) the delivery is an authorised supply (within the meaning of regulation 8) of the goods.

11  Permit to provide a sanctioned service

 (1) The Minister may, on application, grant a person a permit authorising the provision of a sanctioned service.

Note: Under section 13A of the Act, a permit is taken never to have been granted if the application for the permit contains information that is false or misleading in a material particular.

 (2) The Minister may grant the permit under subregulation (1) if regulation 11A applies to the sanctioned service.

 (3) The permit is subject to any conditions specified in the permit.

11A  Circumstances in which Minister may grant permits

 (1) For the purposes of subregulation 9(2) or 11(2), this regulation applies:

 (a) to a sanctioned supply to which any of subregulations (2) to (10) of this regulation apply; or

 (b) to a sanctioned service that consists of the provision, to a person or entity in Somalia, of financing for an acquisition or delivery to which any of subregulations (2) to (9) of this regulation apply.

 (2) This subregulation applies to a sanctioned supply of export sanctioned goods to, an acquisition of export sanctioned goods by, or a delivery of export sanctioned goods to, any of the following:

 (a) the Government of the Federal Republic of Somalia;

 (b) the Somali National Army;

 (c) the Somali National Intelligence and Security Agency;

 (d) the Somali National Police Force;

 (e) the Somali Custodial Corps.

 (3) This subregulation applies to a sanctioned supply, acquisition or delivery of export sanctioned goods intended solely for the support of, or use by, any of the following:

 (a) personnel of the United Nations, including UNTMIS and UNSOS;

 (b) AUSSOM, and the Troop‑ and Police‑Contributing Countries to AUSSOM;

 (c) European Union training and support activities;

 (d) Türkiye, the United Kingdom of Great Britain and Northern Ireland or the United States of America.

 (4) This subregulation applies to a sanctioned supply, acquisition or delivery of export sanctioned goods if:

 (a) the goods are intended solely for the support of, or use by, the forces of a Member State; and

 (b) there is a status of forces agreement or memorandum of understanding between the Member State and the Government of the Federal Republic of Somalia; and

 (c) the Committee has been informed of the agreement or memorandum of understanding.

 (5) This regulation applies to a sanctioned supply, acquisition or delivery of protective clothing temporarily exported to Somalia by any of the following, for their personal use only:

 (a) a member of the personnel of the United Nations;

 (b) a representative of the media;

 (c) a humanitarian or development worker;

 (d) a private security contractor;

 (e) a person associated with a person mentioned in paragraphs (a) to (d).

 (6) This subregulation applies to a sanctioned supply or delivery of export sanctioned goods if:

 (a) the sanctioned supply or delivery is by a Member State or an international, regional or subregional organisation; and

 (b) the goods are non‑lethal military equipment intended solely for humanitarian or protective use.

 (7) This subregulation applies to a sanctioned supply, acquisition or delivery of export sanctioned goods constituted by a vessel, that is carrying the goods for defensive purposes, entering a Somali port for a temporary visit, with the goods remaining on the vessel at all times.

 (8) This subregulation applies to a sanctioned supply, acquisition or delivery of export sanctioned goods if:

 (a) the goods are set out in Annex A to Resolution 2776; and

 (b) the sanctioned supply is to, the acquisition is by, or the delivery is to:

 (i) Somalia’s Federal Member States; or

 (ii) a licensed private security company operating in Somalia; and

 (c) the goods are intended solely to provide security for international or commercial premises or personnel in Somalia; and

 (d) all of the following subparagraphs apply:

 (i) the supplying Member State of the goods has notified the Government of the Federal Republic of Somalia of the sanctioned supply, acquisition or delivery;

 (ii) the Government of the Federal Republic of Somalia has notified the Committee of the sanctioned supply, acquisition or delivery within 5 working days of receiving the notification from the supplying Member State;

 (iii) the notification to the Committee by the Government of the Federal Republic of Somalia complies with regulation 11B;

 (iv) at least 5 working days have passed after the Committee received the notification from the Government of the Federal Republic of Somalia;

 (v) the Committee did not make a make a negative decision in relation to the sanctioned supply, acquisition or delivery within 5 working days of receiving the notification from the Government of the Federal Republic of Somalia.

 (9) This subregulation applies to a sanctioned supply, acquisition or delivery of export sanctioned goods if:

 (a) the goods are not set out in Annex A to Resolution 2776; and

 (b) the sanctioned supply is to, the acquisition is by, or the delivery is to:

 (i) Somalia’s Federal Member States; or

 (ii) a licensed private security company operating in Somalia; and

 (c) the goods are intended solely to provide security for international or commercial premises or personnel in Somalia; and

 (d) all of the following subparagraphs apply:

 (i) the supplying Member State of the goods has notified the Government of the Federal Republic of Somalia of the sanctioned supply, acquisition or delivery;

 (ii) the Government of the Federal Republic of Somalia has notified the Committee of the sanctioned supply, acquisition or delivery within 5 working days of receiving the notification from the supplying Member State and at least 5 working days before the making of the sanctioned supply, acquisition or delivery;

 (iii) the notification to the Committee by the Government of the Federal Republic of Somalia complies with regulation 11B.

 (10) This subregulation applies to a sanctioned supply of export sanctioned goods if:

 (a) the goods are set out in:

 (i) Part I of Annex B to Resolution 2776; or

 (ii) a subsequent Security Council resolution relating to Al‑Shabaab and improvised explosive devices; and

 (b) the Minister is satisfied that:

 (i) the goods will not be used in the manufacture in Somalia of an improvised explosive device; or

 (ii) there is no significant risk that the goods may be used in the manufacture in Somalia of an improvised explosive device.

11B  Requirements for notifications and requests for advance approval

  For the purposes of subregulation 9(5) or subparagraph 11A(8)(d)(iii) or (9)(d)(iii), a notification of a sanctioned supply, acquisition or delivery must include all relevant information about the sanctioned supply, acquisition or delivery, in accordance with the following:

 (a) Security Council resolutions relating to Al‑Shabaab, as existing from time to time;

 (b) the Guidelines of the Committee for the Conduct of its Work, as in force from time to time.

Note: The Guidelines could in 2026 be viewed on the United Nations’ website (https://www.un.org).

Division 2.2—Sanctions relating to designated person or entity

12  Prohibitions relating to a prohibited supply or prohibited service to a designated person or entity

 (1) A person contravenes this subregulation if the person:

 (a) makes a prohibited supply to a designated person or entity; or

 (b) provides a prohibited service to a designated person or entity.

 (2) Regulation 15B (extra‑territorial effect) applies to subregulation (1) of this regulation.

13  Prohibitions relating to dealings with designated persons or entities

 (1) A person contravenes this subregulation if:

 (a) the person directly or indirectly makes an asset available to, or for the benefit of, a designated person or entity; and

 (b) the making available of the asset is not authorised under subregulation (2).

 (2) For paragraph (1)(b), the making available of the asset is authorised if it:

 (a) is authorised by a permit under regulation 15; or

 (b) consists of the payment of funds, other financial assets or economic resources necessary to ensure the timely delivery of urgently needed humanitarian assistance in Somalia by any of the following:

 (i) the United Nations, or a specialised agency or program of the United Nations;

 (ii) a humanitarian organisation having observer status with the United Nations General Assembly that provides humanitarian assistance;

 (iii) an implementing partner of an organisation mentioned in subparagraph (ii), including a bilaterally or multilaterally funded non‑governmental organisation participating in the United Nations Humanitarian Response Plan for Somalia.

 (4) Regulation 15B (extra‑territorial effect) applies to subregulation (1) of this regulation.

 (5) For the purpose of determining the matter in paragraph (2)(b), regard may be had to advice, an opinion or a recommendation given or made by the Committee.

14  Prohibitions relating to controlled assets

 (1) A person contravenes this subregulation if:

 (a) the person holds a controlled asset; and

 (b) 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 the dealing with the asset; and

 (c) the use of or dealing with the asset is not authorised under subregulation (2).

 (2) For paragraph (1)(c), the use of or dealing with the asset is authorised if it:

 (a) is authorised by a permit under regulation 15; or

 (b) consists of the payment of funds, other financial assets or economic resources necessary to ensure the timely delivery of urgently needed humanitarian assistance in Somalia by any of the following:

 (i) the United Nations, or a specialised agency or program of the United Nations;

 (ii) a humanitarian organisation having observer status with the United Nations General Assembly that provides humanitarian assistance;

 (iii) an implementing partner of an organisation mentioned in subparagraph (ii), including a bilaterally or multilaterally funded non‑governmental organisation participating in the United Nations Humanitarian Response Plan for Somalia.

 (4) Regulation 15B (extra‑territorial effect) applies to subregulation (1) of this regulation.

 (5) For the purpose of determining the matter in paragraph (2)(b), regard may be had to advice, an opinion or a recommendation given or made by the Committee.

15  Permit for assets or controlled assets

 (1) A person may apply to the Minister for a permit authorising:

 (a) the making available of an asset that would otherwise contravene subregulation 13(1); or

 (b) a use of, or dealing with, a controlled asset that would otherwise contravene subregulation 14(1).

 (2) The application must be for one of the following:

 (a) a basic expense dealing;

 (b) a legally required dealing;

 (c) a contractual dealing;

 (d) an extraordinary expense dealing.

Note: For the definitions of basic expense dealing, legally required dealing, contractual dealing and extraordinary expense dealing, see regulation 5 of the Charter of the United Nations (Dealing with Assets) Regulations 2008.

 (3) The application must state which kind of dealing the application is for.

 (4) If the application is for a basic expense dealing, the Minister:

 (a) must give the Committee notice of the application; and

 (b) may grant the permit only if the Committee does not make a negative decision in relation to the application within 3 working days after the notice is given.

 (5) If the application is for a legally required dealing, the Minister may grant the permit only after giving the Committee notice of the application.

 (6) If the application is for a contractual dealing, the Minister may grant the permit.

 (7) If the application is for an extraordinary expense dealing, the Minister:

 (a) must give the Committee notice of the application; and

 (b) may grant the permit only with the Committee’s approval.

 (8) The permit is subject to any conditions specified in the permit.

Note 1: Section 13A of the Act applies to a permit granted by the Minister under this regulation.

Note 2: Part 2 of the Charter of the United Nations (Dealing with Assets) Regulations 2008 applies to these Regulations.

Division 2.3—Sanctioned imports

15A  Prohibitions relating to import sanctioned goods

 (1) A person contravenes this subregulation if the person procures import sanctioned goods from:

 (a) Somalia; or

 (b) a person or entity in Somalia.

 (2) Regulation 15B (extra‑territorial effect) applies to subregulation (1) of this regulation.

Division 2.4—Miscellaneous

15B  Extra‑territorial effect of certain provisions

 (1) Conduct does not contravene a provision to which this regulation applies unless:

 (a) the conduct occurs:

 (i) wholly or partly in Australia; or

 (ii) wholly or partly on board an Australian aircraft or an Australian ship; or

 (b) the conduct occurs wholly outside Australia and a result of the conduct occurs:

 (i) wholly or partly in Australia; or

 (ii) wholly or partly on board an Australian aircraft or an Australian ship; or

 (c) the conduct occurs wholly outside Australia and:

 (i) at the time of the alleged contravention, the person who engages in the conduct is an Australian citizen; or

 (ii) at the time of the alleged contravention, the person who engages in the conduct is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory.

 (2) Furthermore, conduct does not contravene a provision (the Australian provision) to which this regulation applies if:

 (a) the conduct occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and

 (b) the person who engages in the conduct is neither:

 (i) an Australian citizen; nor

 (ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and

 (c) there is not in force in:

 (i) the foreign country where the conduct occurs; or

 (ii) the part of the foreign country where the conduct occurs;

  a law of that foreign country, or a law of that part of that foreign country, that creates a prohibition that corresponds to the prohibition created by the Australian provision.

 (3) For the purposes of this regulation, conduct is taken to have occurred partly in Australia if it is taken to have occurred partly in Australia under section 16.2 of the Criminal Code.

 (4) For purposes of this regulation:

 (a) there is taken to be in force a law of the kind mentioned in paragraph (2)(c) unless a person adduces or points to evidence that suggests a reasonable possibility that no such law is in force; and

 (b) if a person adduces or points to such evidence—there is taken to be no such law in force, unless it is proved otherwise.

Note: In a prosecution for an offence involving a contravention of a provision to which this regulation applies, a defendant bears an evidential burden in relation to the matter in paragraph (a): see section 13.3 of the Criminal Code.

15C  Permits granted by foreign countries

 (1) For the purposes of this Part:

 (a) a permit is taken not to have been granted by a foreign country unless a person adduces or points to evidence that suggests a reasonable possibility that the permit was granted by a foreign country; and

 (b) if a person adduces or points to such evidence—the permit is taken to have been granted by a foreign country unless it is proved otherwise.

Note: In a prosecution for an offence involving a contravention of this Part, a defendant bears an evidential burden in relation to the matter in paragraph (a): see section 13.3 of the Criminal Code.

 (2) For the purposes of this Part, a permit is taken not to have been properly granted by a foreign country if it is proved that the permit was granted on the basis of:

 (a) false or misleading information provided by any person; or

 (b) corrupt conduct by any person.

Part 3—Miscellaneous

16  Delegations by Minister

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

 (a) the Secretary of the Department; or

 (b) an SES employee, or acting SES employee, in the Department.

 (2) The delegation must be in writing.

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

17  No claim for breach of contract or failure to perform transaction

 (1) This regulation applies to:

 (a) the Government of the Federal Republic of Somalia; and

 (b) the following persons and entities:

 (i) a person or entity that is in Somalia;

 (ii) a designated person or entity;

 (iii) a person or entity able to claim through, or for the benefit of, the Government of the Federal Republic of Somalia or a person or entity mentioned in subparagraph (i) or (ii).

 (2) The Government of the Federal Republic of Somalia, or the person or entity, must not make a claim or demand, or take any action, against any other person or entity for breach of contract or a failure to perform a transaction if the performance of the contract or transaction was prevented:

 (a) under these Regulations; or

 (b) because of Security Council resolutions relating to Al‑Shabaab, as existing from time to time.

 (3) This regulation has effect despite any other law of the Commonwealth or any law of a State or Territory.

Part 4—Application, savings and transitional provisions

Division 1—Amendments made by the Charter of the United Nations Legislation Amendment (Sanctions) Regulations 2026

18  Definitions

  In this Division:

amending regulations means Schedule 1 to the Charter of the United Nations Legislation Amendment (Sanctions) Regulations 2026.

commencement time means the commencement of this regulation.

new regulations means these Regulations as amended by the amending regulations.

old regulations means these Regulations as in force immediately before the commencement time.

19  Amendments made by the Charter of the United Nations Legislation Amendment (Sanctions) Regulations 2026

Permits to make sanctioned supplies

 (1) If:

 (a) an application was made under subregulation 9(1) of the old regulations before the commencement time; and

 (b) as at the commencement time:

 (i) the Minister had not made a decision on the application; and

 (ii) the application had not been withdrawn;

the application has effect (and may be dealt with) on and after the commencement time as if the application had been made under subregulation 9(1) of the new regulations.

 (2) A permit that was granted under subregulation 9(1) of the old regulations and was in force immediately before the commencement time continues in force (and may be dealt with) on and after the commencement time as if it were a permit granted under subregulation 9(1) of the new regulations.

Permits to provide sanctioned services

 (3) If:

 (a) an application was made under subregulation 11(1) of the old regulations before the commencement time; and

 (b) as at the commencement time:

 (a) the Minister had not made a decision on the application; and

 (b) the application had not been withdrawn;

the application has effect (and may be dealt with) on and after the commencement time as if the application had been made under subregulation 11(1) of the new regulations.

 (4) A permit that was granted under subregulation 11(1) of the old regulations and was in force immediately before the commencement time continues in force (and may be dealt with) on and after the commencement time as if it were a permit granted under subregulation 11(1) of the new regulations.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history