Charter of the United Nations (Sanctions—Sudan) Regulations 2008
Select Legislative Instrument No. 51, 2008
made under the
Charter of the United Nations Act 1945
Compilation No. 5
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—Sudan) 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Export sanctioned goods
6 Sanctioned supply
7 Sanctioned service
Part 2—UN sanction enforcement laws
8 Prohibitions relating to a sanctioned supply
9 Permit to make a sanctioned supply
10 Prohibitions relating to the provision of sanctioned services
11 Permit to provide a sanctioned service
12 Prohibition relating to dealings with designated person or entity
13 Prohibition relating to sanctions controlled assets
14 Permit for dealing with or using sanctions controlled assets
Part 3—Miscellaneous
15 Delegations by Minister
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—Sudan) Regulations 2008.
4 Definitions
Note: A number of expressions used in these Regulations are defined in the Act, including asset.
In these Regulations:
Act means the Charter of the United Nations Act 1945.
arms or related matériel includes:
(a) weapons; and
(b) ammunition; and
(c) military vehicles and equipment; and
(d) spare parts and accessories for the things mentioned in paragraphs (a) to (c); and
(e) paramilitary equipment.
Australian aircraft has the same meaning as in the Criminal Code.
Australian ship has the same meaning as in the Criminal Code.
authorised operation means an operation, including an operation led by regional organisations, that is for any of the following purposes and is authorised by the United Nations or is carried out with the consent of the relevant parties:
(a) monitoring purposes;
(b) verification purposes;
(c) peace support purposes.
Committee means the Committee established by subparagraph 3(a) of Resolution 1591.
controlled asset means an asset that is, directly or indirectly, owned or controlled by:
(a) a designated person or entity; or
(b) a person acting on behalf of or at the direction of a designated person or entity; or
(c) an entity owned or controlled, directly or indirectly, by a designated person or entity.
designated person or entity means a person or entity that the Committee or the Security Council:
(a) designates for the purposes of paragraph 3 of Resolution 2035; or
(b) decides is subject to the asset freeze measures relating to Sudan.
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.
non‑governmental entity or individual means any entity (including the Janjaweed) or individual who is not acting on behalf of the Government of Sudan.
N’djamena Ceasefire Agreement means the ceasefire agreement between the Government of Sudan, the Sudan Liberation Movement and the Justice and Equality Movement, signed at N’djamena on 8 April 2004.
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).
protective clothing includes flak jackets and military helmets.
Resolution 1556 means Resolution 1556 (2004) of the Security Council, adopted on 30 July 2004.
Resolution 1591 means Resolution 1591 (2005) of the Security Council, adopted on 29 March 2005.
Resolution 2035 means Resolution 2035 (2012) of the Security Council, adopted on 17 February 2012.
sanctioned service has the meaning given in regulation 7.
sanctioned supply has the meaning given in regulation 6.
Security Council means the United Nations Security Council.
5 Export sanctioned goods
For these Regulations, export sanctioned goods means arms or related matériel.
6 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 Sudan.
7 Sanctioned service
For these Regulations, sanctioned service means the provision to Sudan of technical training or assistance related to the provision, manufacture, maintenance or use of export sanctioned goods.
Part 2—UN sanction enforcement laws
8 Prohibitions relating to a sanctioned supply
(1) A person contravenes this regulation if:
(a) the person makes a sanctioned supply; and
(b) the sanctioned supply is not an authorised supply.
(1A) Strict liability applies to the circumstance that the making of the sanctioned supply is not authorised by a permit under regulation 9.
Note: For strict liability, see section 6.1 of the Criminal Code.
(2) Section 15.1 of the Criminal Code applies to an offence under section 27 of the Act that relates to a contravention of subregulation (1).
Note: This has the effect that the offence has extraterritorial operation.
(3) A person, whether or not in Australia, and whether or not an Australian citizen, contravenes this regulation if the person 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 that is not an authorised supply.
(4) A body corporate contravenes this regulation if:
(a) the body corporate has effective control over the actions of another body corporate or entity, wherever incorporated or situated; and
(b) the other body corporate or entity makes a sanctioned supply; and
(c) the sanctioned supply is not an authorised supply.
(5) For this regulation:
authorised supply means a sanctioned supply that is authorised by:
(a) a permit under regulation 9; or
(b) if the supply, sale or transfer takes place 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 a way that accords with the foreign country’s obligations under Resolution 1556 and Resolution 1591 and any other relevant resolution.
(6) A defendant, to a charge under section 27 of the Act that relates to subregulation (1), (3) or (4), bears an evidential burden in relation to the matter in subparagraph (b)(i) of the definition of authorised supply in subregulation (5).
(7) For paragraph (b) of the definition of authorised supply in subregulation (5), a permit is taken not to have been properly granted if the prosecution shows that the permit was granted on the basis of false or misleading information provided by any person, or of corrupt conduct by any person.
Note: This regulation is a UN sanction enforcement law as specified by the Minister under the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.
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: Section 13A of the Act applies to a permit granted by the Minister under this subregulation.
(2) The Minister may grant a permit authorising the making of a sanctioned supply to a person mentioned in the following table only if the sanctioned supply to which the permit relates is mentioned in the table in subregulation (3).
Persons | |
Item | Person |
1 | Any non‑governmental entity or individual operating in the territory of Darfur, including the states of North, South, East, West and Central Darfur |
2 | A party to the N’djamena Ceasefire Agreement |
3 | A belligerent in the territory of Darfur, including the states of North, South, East, West and Central Darfur |
(3) The Minister may grant a permit authorising the making of a sanctioned supply to a person mentioned in the table in subregulation (2) only if the sanctioned supply to which the permit relates is mentioned in the following table.
Sanctioned supplies | |
Item | Sanctioned supply |
1 | A supply for an authorised operation |
2 | A supply of non‑lethal military equipment that is intended solely for humanitarian use, human rights monitoring or protective use |
3 | A supply of protective clothing that is temporarily exported to Sudan for the personal use of any of the following: (a) a member of the personnel of the United Nations; (b) a person engaged in human rights monitoring; (c) a representative of the media; (d) a humanitarian or development worker or an associated person |
4 | A supply of military equipment and supplies for use in the territory of Darfur, including the states of North, South, East, West and Central Darfur, that is approved in advance by the Committee in response to a request by the Government of Sudan |
(4) The Minister must not grant a permit authorising a sanctioned supply unless the Minister has obtained sufficient end user documentation to ascertain that the supply will be conducted consistent with Resolution 1556 and Resolution 1591 and any other relevant resolution.
(5) A permit is subject to any conditions specified in the permit.
10 Prohibitions relating to the provision of sanctioned services
(1) A person contravenes this regulation if:
(a) the person provides a sanctioned service; and
(b) the sanctioned service is not an authorised service; and
(c) the sanctioned service is not provided in relation to an authorised supply.
(1A) Strict liability applies to the circumstance that the provision of a sanctioned service is not authorised by a permit under regulation 11.
Note: For strict liability, see section 6.1 of the Criminal Code.
(2) Section 15.1 of the Criminal Code applies to an offence under section 27 of the Act that relates to a contravention of subregulation (1).
Note: This has the effect that the offence has extraterritorial operation.
(3) A body corporate contravenes this regulation if:
(a) the body corporate has effective control over the actions of another body corporate or entity, wherever incorporated or situated; and
(b) the other body corporate or entity provides a sanctioned service; and
(c) the sanctioned service is not an authorised service; and
(d) the sanctioned service is not provided in relation to an authorised supply.
(4) For this regulation:
authorised service means a sanctioned service that is authorised by:
(a) a permit under regulation 11; or
(b) if the service is provided in a foreign country—a permit:
(i) granted by the foreign country; and
(ii) properly granted by the foreign country; and
(iii) granted in a way that accords with the foreign country’s obligations under Resolution 1556 and Resolution 1591 and any other relevant resolution.
authorised supply means a sanctioned supply that is authorised by:
(a) a permit under regulation 9; or
(b) if the supply, sale or transfer takes place 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 a way that accords with the foreign country’s obligations under Resolution 1556 and Resolution 1591 and any other relevant resolution.
(5) A defendant, to a charge under section 27 of the Act that relates to subregulation (1) or (3), bears an evidential burden in relation to:
(a) the matter in subparagraph (b)(i) of the definition of authorised service in subregulation (4); and
(b) the matter in subparagraph (b)(i) of the definition of authorised supply in subregulation (4).
(6) For paragraph (b) of the definitions of authorised service and of authorised supply in subregulation (4), a permit is taken not to have been properly granted if the prosecution shows that the permit was granted on the basis of false or misleading information provided by any person, or of corrupt conduct by any person.
Note: This regulation is a UN sanction enforcement law as specified by the Minister under the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008
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: Section 13A of the Act applies to a permit granted by the Minister under this subregulation.
(2) The Minister may grant a permit authorising the provision of a sanctioned service to a person mentioned in the following table only if the sanctioned service to which the permit relates is mentioned in subregulation (3).
Persons | |
Item | Person |
1 | Any non‑governmental entity or individual operating in the territory of Darfur, including the states of North, South, East, West and Central Darfur |
2 | A party to the N’djamena Ceasefire Agreement |
3 | A belligerent in the territory of Darfur, including the states of North, South, East, West and Central Darfur |
(3) The Minister may grant a permit authorising the provision of a sanctioned service to a person mentioned in the table in subregulation (2) only if the sanctioned service to which the permit relates is:
(a) for an authorised operation; or
(b) provided in relation to a supply of non‑lethal military equipment that is intended solely for humanitarian use, human rights monitoring or protective use.
(4) A permit is subject to any conditions specified in the permit.
12 Prohibition relating to dealings with designated person or entity
(1) A person contravenes this regulation if:
(a) the person directly or indirectly makes an asset available to, or for the benefit of:
(i) a designated person or entity; or
(ii) a person acting on behalf of or at the direction of a designated person or entity; or
(iii) an entity owned or controlled, directly or indirectly, by a designated person or entity; and
(b) the making available of the asset is not authorised by a permit under regulation 14.
(1A) Strict liability applies to the circumstance that the making available of the asset is not authorised by a permit under regulation 14.
Note: For strict liability, see section 6.1 of the Criminal Code.
(2) Section 15.1 of the Criminal Code applies to an offence under section 27 of the Act that relates to a contravention of subregulation (1).
Note 1: Subregulation (2) has the effect that the offence has extraterritorial operation.
Note 2: This regulation is a UN sanction enforcement law as specified by the Minister under the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.
13 Prohibition relating to sanctions controlled assets
(1) A person contravenes this regulation 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, or the dealing with, the asset; and
(c) the use or dealing is not authorised by a permit under regulation 14.
(1A) Strict liability applies to the circumstance that the use of or dealing with the asset is not authorised by a permit under regulation 14.
Note: For strict liability, see section 6.1 of the Criminal Code.
(2) Section 15.1 of the Criminal Code applies to an offence under section 27 of the Act that relates to a contravention of subregulation (1).
Note 1: Subregulation (2) has the effect that the offence has extraterritorial operation.
Note 2: This regulation is a UN sanction enforcement law as specified by the Minister under the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.
14 Permit for dealing with or using sanctions controlled assets
(1) The Minister may, on application, grant a person a permit authorising:
(a) a making available of an asset that would otherwise contravene subregulation 12(1); or
(b) a use of, or a dealing with, a controlled asset that would otherwise contravene subregulation 13(1).
(2) An application must be for a basic expense dealing, a legally required dealing or an extraordinary expense dealing mentioned in regulation 5 of the Charter of the United Nations (Dealing with Assets) Regulations 2008.
(3) An application must specify which kind of dealing mentioned in subregulation (2) the application is for.
(4) If an application is for a basic expense dealing, the Minister:
(a) must notify the Committee of the application; and
(b) may grant a permit only if a period of 2 working days has passed since notification was given and during that period the Committee has not advised against granting the permit.
(5) If an application is for an extraordinary expense dealing, the Minister:
(a) must notify the Committee of the application; and
(b) may grant a permit only with the approval of the Committee.
(6) If an application is for a legally required dealing, the Minister must not grant a permit unless the Minister notifies the Committee of the application before granting the permit.
(7) A permit is subject to any conditions specified in the permit.
Note: Part 2 of the Charter of the United Nations (Dealing with Assets) Regulations 2008 applies to these Regulation.
Part 3—Miscellaneous
15 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.
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
ad = added or inserted | orig = original |
am = amended | p = page(s) |
amdt = amendment | para = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
ch = Chapter(s) | pres = present |
cl = clause(s) | prev = previous |
cont. = continued | (prev…) = previously |
def = definition(s) | pt = Part(s) |
Dict = Dictionary | r = regulation(s)/Court rule(s) |
disallowed = disallowed by Parliament | reloc = relocated |
div = Division(s) | renum = renumbered |
ed = editorial change | rep = repealed |
exp = expires/expired or ceases/ceased to have | rs = repealed and substituted |
effect | s = section(s)/subsection(s) |
gaz = gazette | /rule(s)/subrule(s)/order(s)/suborder(s) |
LA = Legislation Act 2003 | sch = Schedule(s) |
LIA = Legislative Instruments Act 2003 | SLI = Select Legislative Instrument |
(md) = misdescribed amendment can be given | SR = Statutory Rules |
effect | sub ch = Sub‑Chapter(s) |
(md not incorp) = misdescribed amendment | sub div = Subdivision(s) |
cannot be given effect | sub pt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Ord = Ordinance |
|
Endnote 3—Legislation history
Number and year | Registration | Commencement | Application, saving and transitional provisions |
2008 No 51 | 11 Apr 2008 (see F2008L01026) | 12 Apr 2008 |
|
2010 No 326 | 13 Dec 2010 (see F2010L03164) | 14 Dec 2010 | — |
2011 No 65 | 17 May 2011 (see F2011L00788) | 18 May 2011 | — |
72, 2013 | 17 May 2013 (see F2013L00791) | sch 5: 18 May 2013 (see s 2) | — |
185, 2013 | 26 July 2013 (see F2013L01446) | sch 1 (items 15‑20): 27 July 2013 | — |
Name | Registration | Commencement | Application, saving and transitional provisions |
Charter of the United Nations Legislation Amendment (Sanctions) Regulations 2026 | 25 Mar 2026 (F2026L00298) | sch 1 (items 71‑82): 26 Mar 2026 (s 2(1) item 1) | — |
Endnote 4—Amendment history
Provision affected | How affected |
Part 1 |
|
r 2..................... | rep LA s 48D |
r 3..................... | rep LA s 48C |
r 4..................... | am No 185, 2013; F2026L00298 |
Part 2 |
|
r 8..................... | am No 72, 2013; F2026L00298 |
r 9..................... | am No 326, 2010; No 72, 2013; No 185, 2013; F2026L00298 |
r 10.................... | am No 326, 2010; No 72, 2013; F2026L00298 |
r 11.................... | am No 326, 2010; No 72, 2013; No 185, 2013 |
r 12.................... | am No 72, 2013; F2026L00298 |
r 13.................... | am No 326, 2010; No 72, 2013 |
r 14.................... | am No 326, 2010 |
Part 3 |
|
Part 3................... | ad No 65, 2011 |
r 15.................... | ad No 65, 2011 |