Charter of the United Nations (Sanctions — Federal Republic of Yugoslavia) Regulations 1998
Statutory Rules 1998 No. 102 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[Note: These regulations were repealed by SR 2002 No. 35]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 Definitions
5 Prohibition on supply of arms etc
6 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 — Federal Republic of Yugoslavia) Regulations 1998.
2 Commencement
These Regulations commence on gazettal.
3 Object
The object of these Regulations is to assist in giving effect to Resolution 1160, which relates to Kosovo, by preventing supply to the Federal Republic of Yugoslavia of arms and related matériel.
4 Definitions
In these Regulations:
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;
(f) parts and accessories designed or adapted for use in, or with, equipment mentioned in any of paragraphs (a) to (e).
Resolution 1160 means Resolution 1160 (1998) of the Security Council of the United Nations, adopted on 31 March 1998.
5 Prohibition on supply 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, a commercial transaction to sell, or supply, for delivery to a place in the Federal Republic of Yugoslavia arms or any related matériel (including weapons, ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for any of those things).
Penalty: 50 penalty units.
6 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 5.
(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 5.
(3) This regulation has extra-territorial operation, according to its terms.
Penalty: 50 penalty units.
Notes to the Charter of the United Nations (Sanctions — Federal Republic of Yugoslavia) Regulations 1998
Note 1
The Charter of the United Nations (Sanctions — Federal Republic of Yugoslavia) Regulations 1998 (in force under the Charter of the United Nations Act 1945) as shown in this compilation comprise Statutory Rules 1998 No. 102 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 |
1998 No. 102 | 27 May 1998 | 27 May 1998 | |
2002 No. 35 | 7 Mar 2002 | 7 Mar 2002 | — |
Overview
The Charter of the United Nations (Sanctions — Federal Republic of Yugoslavia) Regulations 1998, enacted under the Charter of the United Nations Act 1945, were established to give effect to United Nations Security Council Resolution 1160, which aimed to address the crisis in Kosovo. The primary purpose of these regulations was to prevent the supply of arms and related matériel to the Federal Republic of Yugoslavia, thereby enforcing international sanctions. The regulations were enacted by the Australian Government, specifically through the Attorney-General’s Department, and took effect upon their gazette publication. These regulations reflect Australia's commitment to international peace and security by restricting the commercial transactions and use of Australian-registered aircraft and ships in ways that contravene the UN sanctions.
Scope and Application
The Charter of the United Nations (Sanctions — Federal Republic of Yugoslavia) Regulations 1998, made under the Charter of the United Nations Act 1945, apply to individuals in Australia and Australian citizens outside the country. The Regulations aim to implement United Nations Security Council Resolution 1160, which pertains to the conflict in Kosovo, by prohibiting the supply of arms and related matériel to the Federal Republic of Yugoslavia. Specifically, these Regulations make it illegal for any person in Australia or an Australian citizen abroad to engage in commercial transactions for the sale or supply of arms, ammunition, military vehicles, equipment, paramilitary equipment, and related spare parts to destinations in the Federal Republic of Yugoslavia. Additionally, the Regulations extend to the use of Australian-registered aircraft and ships, prohibiting their use for activities that contravene these provisions. Both the prohibition on commercial transactions and the restriction on the use of Australian aircraft and ships carry a penalty of 50 penalty units. The Regulations also have extra-territorial effect, ensuring compliance by Australians and Australian-registered entities regardless of their location.
Key Provisions
The Charter of the United Nations (Sanctions — Federal Republic of Yugoslavia) Regulations 1998 (referred to as "the Regulations") primarily include prohibitions on the supply of arms and related matériel to the Federal Republic of Yugoslavia and restrictions on the use of Australian aircraft and ships in relation to these prohibited activities (regs. 5 and 6). The Regulations are designed to give effect to Resolution 1160 of the United Nations Security Council, which was adopted on 31 March 1998 and concerns the situation in Kosovo.
Under regulation 5, any person in Australia, or an Australian citizen outside Australia, is prohibited from entering into, or continuing to engage in, any commercial transaction to sell or supply arms or related matériel to the Federal Republic of Yugoslavia. This includes weapons, ammunition, military vehicles, equipment, paramilitary equipment, and spare parts for any of these items. The prohibition applies regardless of whether the act is intentional or reckless. Regulation 6 extends this prohibition to the use of Australian aircraft and ships, prohibiting their use in relation to any matter proscribed by regulation 5. Both regulations impose a penalty of 50 penalty units for breach.
The Regulations impose clear obligations on individuals and entities within Australia, as well as on Australian citizens abroad, to refrain from engaging in any commercial transactions that involve the supply of arms or related matériel to the Federal Republic of Yugoslavia. Owners, pilots in command, operators, masters, and other relevant individuals connected to Australian aircraft and ships must also ensure that these vessels are not used for any activities that contravene the Regulations. These obligations are intended to support international efforts to impose sanctions and maintain peace and security in the region.
Breach of the Regulations carries significant consequences. Under regulation 5, any person found to be in violation of the prohibition on the supply of arms or related matériel faces a penalty of 50 penalty units. Similarly, under regulation 6, the penalty for allowing Australian aircraft or ships to be used in relation to proscribed activities is also 50 penalty units. These penalties underscore the seriousness with which the Australian government views compliance with international sanctions and the need to adhere to the provisions of the Regulations.