Charter of the United Nations (Sanctions - Eritrea and Ethiopia) Regulations 2000

Legislation au C2004L02197 Regulations Not in force Legislative Instrument

Legislation content

Charter of the United Nations (Sanctions — Eritrea and Ethiopia) Regulations 2000

Statutory Rules 2000 No. 247 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. 35

[Note: These regulations were repealed by SR 2002 No. 35]

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

Contents

Page

 1 Name of Regulations [see Note 1] 

 2 Commencement 

 3 Object 

 4 Application 

 5 Definitions 

 6 Restriction on sale of arms etc 

 7 Restriction on provision of technical assistance etc 

 8 Restriction on use of Australian aircraft and ships 

Notes 

 

 

 

 

1 Name of Regulations [see Note 1]

  These Regulations are the Charter of the United Nations (Sanctions — Eritrea and Ethiopia) Regulations 2000.

2 Commencement [see Note 1]

  These Regulations commence on gazettal.

3 Object

  The object of these Regulations is to assist in giving effect to Resolution 1298 by preventing the supply of arms and related matériel to Eritrea and Ethiopia.

4 Application

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

5 Definitions

  In these Regulations:

arms or related matériel includes:

 (a) weapons; and

 (b) ammunition; and

 (c) military vehicles and equipment; and

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

 (e) body armour, including:

 (i) bullet-resistant apparel; and

 (ii) bullet-resistant pads; and

 (iii) protective helmets; and

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

 (g) riot protection shields; and

 (h) whips; and

 (i) parts and accessories designed or adapted for use in, or with, equipment mentioned in any of paragraphs (d) to (h); and

 (j) spare parts for the things mentioned in any of paragraphs (a) to (i).

Resolution 1298 means Resolution 1298 (2000) of the Security Council of the United Nations, adopted on 17 May 2000.

6 Restriction on sale of arms etc

  A person in Australia, or a citizen of Australia who is outside Australia, must not, intentionally or recklessly, enter into, or continue to engage in, an arrangement to sell, or supply, arms or related matériel for delivery to a place in Eritrea or Ethiopia, if the sale or supply is not in accordance with an approval given in advance by the Committee mentioned in paragraph 8 of Resolution 1298.

Penalty:   50 penalty units.

7 Restriction on provision of technical assistance etc

  A person in Australia, or a citizen of Australia who is outside Australia, must not, intentionally or recklessly, enter into, or continue to engage in, an arrangement to provide, for use in Eritrea or Ethiopia, any technical assistance, or training, related to the provision, manufacture, maintenance or use of arms or related matériel, if the provision of the assistance or training is not in accordance with an approval given in advance by the Committee mentioned in paragraph 8 of Resolution 1298.

Penalty:   50 penalty units.

8 Restriction on use of Australian aircraft and ships

 (1) The owner, pilot in command or operator of an aircraft registered in Australia under the Civil Aviation Act 1988 must not allow, intentionally or recklessly, the aircraft to be used in relation to a matter proscribed by regulation 6 or 7.

Penalty:   50 penalty units.

 (2) The owner, master or operator of a ship registered in Australia under the Shipping Registration Act 1981 must not allow, intentionally or recklessly, the ship to be used in relation to a matter proscribed by regulation 6 or 7.

Penalty:   50 penalty units.

Notes to the Charter of the United Nations (Sanctions — Eritrea and Ethiopia) Regulations 2000

Note 1

The Charter of the United Nations (Sanctions — Eritrea and Ethiopia) Regulations 2000 (in force under the Charter of the United Nations Act 1945) as shown in this compilation comprise Statutory Rules 2000 No. 247 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

2000 No. 247

5 Sept 2000

5 Sept 2000

 

2002 No. 35

7 Mar 2002

7 Mar 2002

 

 

Overview

The Charter of the United Nations (Sanctions — Eritrea and Ethiopia) Regulations 2000 were enacted to assist in implementing United Nations Security Council Resolution 1298, which aimed to prevent the supply of arms and related matériel to Eritrea and Ethiopia. These regulations were made under the Charter of the United Nations Act 1945 and were introduced by the Parliament of Australia to address the specific issue of arms and related matériel sales and the provision of technical assistance, training, and services to these countries. The primary policy objective was to ensure compliance with international sanctions aimed at maintaining peace and security in the region. The regulations have extra-territorial application, extending their effect beyond Australian borders, and they were repealed by Statutory Rules 2002 No. 35.

Scope and Application

The Charter of the United Nations (Sanctions — Eritrea and Ethiopia) Regulations 2000, made under the Charter of the United Nations Act 1945, have extra-territorial effect and apply to persons in Australia and Australian citizens outside Australia. The Regulations aim to prevent the supply of arms and related matériel to Eritrea and Ethiopia by implementing United Nations Security Council Resolution 1298 (2000). They prohibit the sale, supply, and provision of technical assistance or training related to arms and related matériel unless approved by the relevant UN Committee. Additionally, the Regulations restrict the use of Australian-registered aircraft and ships in relation to these proscribed activities, with penalties for violations set at 50 penalty units. These Regulations were repealed by Statutory Rules 2002 No. 35, which incorporated subsequent amendments up to that date.

Key Provisions

The Charter of the United Nations (Sanctions — Eritrea and Ethiopia) Regulations 2000 (Regulations) provide the legal framework for implementing United Nations Security Council Resolution 1298 in Australia. Regulation 3 states the object of the Regulations is to prevent the supply of arms and related matériel to Eritrea and Ethiopia. Regulation 4 indicates the Regulations have extra-territorial application. Regulation 5 defines key terms like "arms or related matériel" and "Resolution 1298". The Regulations impose obligations on Australian citizens and persons in Australia. For example, Regulation 6 prohibits the sale or supply of arms and related matériel to Eritrea or Ethiopia unless approved by the UN Committee. Regulation 7 prohibits the provision of technical assistance or training related to arms and related matériel to Eritrea or Ethiopia unless approved by the Committee. Regulation 8 prohibits the use of Australian aircraft or ships in relation to matters proscribed by Regulations 6 or 7. Breach of Regulations 6, 7, or 8 is an offence. Regulation 6(2) and Regulation 7(2) each provide a penalty of 50 penalty units for breach. Regulation 8(1)(2) also provides a penalty of 50 penalty units for breach. A penalty unit is currently worth $222 (as of 1 July 2022). There are no civil or criminal consequences beyond the penalty prescribed in the Regulations. The Regulations do not provide for any exceptions or exemptions from the prohibitions.

Legal classification tags

Area of Law
International Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Offence Provisions
Extraterritorial Application
Prohibited Conduct

Interactions

Authorises

All Versions

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.