Commonwealth Numbered Regulations - Explanatory Statements

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CHARTER OF THE UNITED NATIONS (SANCTIONS-LIBERIA), REGULATIONS 2002 2002 NO. 61

EXPLANATORY STATEMENT

Statutory Rules 2002 No. 61

Issued by the Authority of the Minister for Foreign Affairs

Charter of the United Nations Act 1945

Charter of the United Nations (Sanctions-Liberia), Regulations 2002

Section 6 of the Charter of the United Nations Act 1945 provides that the Governor-General may make Regulations for and in relation to giving effect to decisions that:

(a)       the Security Council has made under Chapter VII of the Charter of the United Nations; and

(b)       Article 25 of the Charter requires Australia to carry out;

insofar as those decisions require Australia to apply measures not involving the use of armed force.

The purpose of these Regulations is to impose a range of sanctions on Liberia, required by a resolution of the United Nations Security Council, which could not be implemented under the existing Regulations.

On 7 March 2001 the United Nations Security Council imposed further sanctions against Liberia in Resolution (SCR) 1343. SCR 1343 demands that the Government of Liberia cease its support for rebel forces in Sierra Leone. Under Article 25 of the United Nations Charter, incorporated into Australia's domestic law in s 6 of the Charter of the United Nations Act 1945, Australia is legally obliged to implement decisions of the Security Council.

SCR 1343 imposes a number of obligations on States, including an arms embargo, a ban on the provision of military technical training or assistance, a ban on the importation of all rough diamonds from Liberia and travel restrictions on individuals including senior members of the Government of Liberia and its armed forces and their spouses. SCR 1343 builds on earlier sanctions imposed in SCR 788 (1992).

The Regulations will:

-       Prohibit a person (including a body corporate) in Australia, or an Australian citizen outside Australia, from:

       supplying arms or related materiel to a place in Liberia (except in accordance with an approval from the Security Council Sanctions Committee for Liberia);

       providing military technical training or assistance to Liberian persons; or

       importing rough diamonds from Liberia into Australia.

-       Prohibit the use of Australian aircraft or ships from being used to:

       supply arms or related materiel to a place in Liberia (except in accordance with an approval from the Security Council Sanctions Committee for Liberia);

       provide military technical assistance to Liberian persons; or

       import rough diamonds from Liberia into Australia.

The Regulations commence on gazettal.

ATTACHMENT

Charter of the United Nations (Sanctions-Liberia) Regulations 2002

Details of the 'Regulations are as follows:

Regulation 1 states the name of the Regulations;

Regulation 2 states that the Regulations commence on gazettal;

Regulation 3 states that the object of the Regulations is to assist in giving effect to Resolution 1343 (2001) of the Security Council of the United Nations;

Regulation 4 provides that the Regulations have extra-territorial operation according to their terms;

Regulation 5 provides that Chapter 2 of the Criminal Code applies to all offences created by the Regulations;

Regulation 6 defines "arms or related materiel", "Australian aircraft", "Australian ship", "Committee", "engage in conduct", "paramilitary equipment", "protective clothing", and "Resolution 1343";

Regulation 7 provides that Part 2 of the Regulations applies to a person in Australia and to an Australian citizen outside Australia;

Regulation 8(1) provides that a person must not engage in conduct that assists, or results in, the sale or supply of arms or related materiel to a place in Liberia where that conduct is not in accordance with approval from the Security Council Sanctions Committee for Liberia;

Regulation 8(2) provides that strict liability applies to Regulation 8(1)(b);

Regulation 8(3) provides that Regulation 8 does not apply in relation to the sale or supply of protective clothing intended to be worn by UN, media, humanitarian or development workers;

Regulation 9(1) provides that a person must not engage in conduct that assists, or results in, the sale or supply to Liberian persons of military technical training or assistance where that conduct is not in accordance with approval from the Security Council Sanctions Committee for Liberia;

Regulation 9(2) provides that strict liability applies to Regulation 9(1)(b);

Regulation 10 provides that a person must not engage in conduct that assists, or results in, rough diamonds being imported into Australia from Liberia;

Regulation 11 (1) provides that the owner, pilot in command or operator of an Australian aircraft must not allow the aircraft to be used in a way that assists, or results in, the sale or supply of arms or related materiel to a place in Liberia where that conduct is not in accordance with approval from the Security Council Sanctions Committee for Liberia;

Regulation 11(2) provides that strict liability applies to Regulation 11(1)(b);

Regulation 11(3) provides that Regulation 11 does not apply in relation to the sale or supply of protective clothing intended to be worn by UN, media, humanitarian or development workers;

Regulation 12(1) provides that the owner, pilot in command or operator of an Australian aircraft must not allow the aircraft to be used in a way that assists, or results in, the sale or supply to Liberian persons of military technical training or assistance where that conduct is not in accordance with approval from the Security Council Sanctions Committee for Liberia;

Regulation 12(2) provides that strict liability applies to Regulation 12(1)(b);

Regulation 13 provides that the owner, pilot in command or operator of an Australian aircraft must not allow the aircraft to be used in a way that assists, or results in, rough diamonds being imported into Australia from Liberia;

Regulations 14(1) provides that the owner, master or operator of an Australian ship must not allow the ship to be used in a way that assists, or results in, the sale or supply of arms or related materiel to a place in Liberia where that conduct is not in accordance with approval from the Security Council Sanctions Committee for Liberia;

Regulation 14(2) provides that strict liability applies to Regulation 14(1)(b);

Regulation 14(3) provides that Regulation 11 does not apply in relation to the sale or supply of protective clothing intended to be worn by UN, media, humanitarian or development workers;

Regulation 15(1) provides that the owner, master or operator of an Australian ship must not allow the ship to be used in a way that assists, or results in, the sale or supply to Liberian persons of military technical training or assistance where that conduct is not in accordance with approval from the Security Council Sanctions Committee for Liberia;

Regulation 15(2) provides that strict liability applies to Regulation 15(1)(b);

Regulation 16 provides that the owner, master or operator of an Australian ship must not allow the ship to be used in a way that assists, or results in, rough diamonds being imported into Australia from Liberia.


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