Charter of the United Nations (Sanctions—the Taliban) Regulation 2013

Charter of the United Nations (Sanctions—the Taliban) Regulation 2013

Select Legislative Instrument No. 73, 2013

made under the

Charter of the United Nations Act 1945

Compilation No. 1

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—the Taliban) Regulation 2013 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 regulation

3 Definitions

4 Export sanctioned goods

5 Sanctioned supply

6 Sanctioned service

Part 2—UN sanction enforcement laws

7 Prohibitions relating to sanctioned supply

8 Prohibitions relating to sanctioned services

9 Prohibition relating to dealings with designated persons or entities

10 Prohibition relating to controlled assets

11 Permit for assets and controlled assets

Part 3—Miscellaneous

12 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 regulation

  This regulation is the Charter of the United Nations (Sanctions—the Taliban) Regulation 2013.

3  Definitions

Note: A number of expressions used in this regulation are defined in the Act, including asset.

  In this regulation:

Act means the Charter of the United Nations Act 1945.

arms or related matériel includes the following:

 (a) weapons;

 (b) ammunition;

 (c) military vehicles and equipment;

 (d) spare parts for the things mentioned in paragraphs (a) to (c);

 (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.

Committee means the Committee established under paragraph 30 of Resolution 1988.

controlled asset means:

 (a) an asset of a designated person or entity; or

 (b) funds derived from an asset owned or controlled, directly or indirectly, by:

 (i) a designated person or entity; or

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

designated person or entity means:

 (a) the Taliban; or

 (b) a person or entity that the Committee or the Security Council:

 (i) designates for the purposes of paragraph 1 of Resolution 1988; or

 (ii) decides is subject to the asset freeze measures relating to the Taliban.

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 section 4.

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 paragraphs (a) to (e).

Resolution 1988 means Resolution 1988 (2011) of the Security Council, adopted on 17 June 2011.

sanctioned service has the meaning given by section 6.

sanctioned supply has the meaning given by section 5.

Security Council means the Security Council of the United Nations.

working day means a day that is not a Saturday, a Sunday or a public holiday.

4  Export sanctioned goods

  For this regulation, export sanctioned goods means arms or related matériel.

5  Sanctioned supply

  For this regulation, 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 a designated person or entity.

6  Sanctioned service

  For this regulation, sanctioned service means the provision of technical advice, assistance or training related to military activities to a designated person or entity.

Part 2—UN sanction enforcement laws

7  Prohibitions relating to sanctioned supply

 (1) A person contravenes this section if the person makes a sanctioned supply.

 (2) Section 15.1 of the Criminal Code applies to an offence under section 27 of the Act that relates to a contravention of this section.

Note: Subsection (2) 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 section 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.

 (4) A body corporate contravenes this section 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.

Note: This section is a UN sanction enforcement law as specified by the Minister under the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.

8  Prohibitions relating to sanctioned services

 (1) A person contravenes this section if the person provides a sanctioned service.

 (2) Section 15.1 of the Criminal Code applies to an offence under section 27 of the Act that relates to a contravention of this section.

Note: Subsection (2) 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 section if the person uses the services of an Australian ship or an Australian aircraft in the course of, or for the purpose of, providing a sanctioned service.

 (4) A body corporate contravenes this section 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.

Note: This section 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  Prohibition relating to dealings with designated persons or entities

 (1) A person contravenes this section 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 by a permit under section 11.

 (2) Strict liability applies to the circumstance that the making available of the asset is not authorised by a permit under section 11.

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

 (3) Section 15.1 of the Criminal Code applies to an offence under section 27 of the Act that relates to a contravention of this section.

Note 1: Subsection (3) has the effect that the offence has extraterritorial operation.

Note 2: This section is a UN sanction enforcement law as specified by the Minister under the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.

10  Prohibition relating to controlled assets

 (1) A person contravenes this section 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 dealing with the asset; and

 (c) the use or dealing is not authorised by a permit under section 11.

 (2) Strict liability applies to the circumstance that the use of or dealing with the asset is not authorised by a permit under section 11.

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

 (3) Section 15.1 of the Criminal Code applies to an offence under section 27 of the Act that relates to a contravention of this section.

Note 1: Subsection (3) has the effect that the offence has extraterritorial operation.

Note 2: This section 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 for assets and controlled assets

 (1) The Minister may, on application, grant a person a permit authorising:

 (a) the making available of an asset to a person or entity that would otherwise contravene subsection 9(1); or

 (b) a use of, or dealing with, a controlled asset that would otherwise contravene subsection 10(1).

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

 (2) The application must be:

 (a) for a basic expense dealing, contractual dealing or extraordinary expense dealing; or

 (b) for:

 (i) humanitarian assistance or other activities that support basic human needs in Afghanistan; or

 (ii) for a use of, or dealing with, a controlled asset necessary to ensure the timely delivery of such assistance or to support such activities.

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

 (3) If paragraph (2)(a) applies, the application must specify which kind of dealing mentioned in that paragraph the application is for.

 (4) If the 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 3 working days have passed since the notice was given, and the Committee has not advised against granting a permit to the applicant.

 (5) If the 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) The 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 this regulation.

Part 3—Miscellaneous

12  Delegations by Minister

 (1) The Minister may delegate the Minister’s powers and functions under this regulation (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

Endnote 3—Legislation history

Endnote 4—Amendment history