{"id":"F2011L00439","name":"Charter of the United Nations (Sanctions — Libya) Regulations 2011","slug":"charter-of-the-united-nations-sanctions-libya-regulations-2011","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"26 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":85840,"registerId":"commonwealth-F2011L00439-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulations","content":"#### 1 Name of Regulations\n\n  These Regulations are the Charter of the United Nations (Sanctions—Libya) Regulations 2011.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  These Regulations commence on the day after they are registered.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n  In these Regulations:\n\n> Act means the Charter of the United Nations Act 1945.\n\n> aircraft has the meaning given by subsection 3(1) of the Air Navigation Act 1920.\n\n> Airservices Australia means the body established under subsection 7 (1) of the Air Services Act 1995.\n\n> arms or related matériel includes the following:\n\n    (a) weapons;\n    (b) ammunition;\n    (c) military vehicles and equipment;\n    (d) paramilitary equipment;\n    (e) spare parts for the things mentioned in paragraphs (a) to (d).\n\n> Australian aircraft has the same meaning as in the Criminal Code.\n\n> Australian ship has the same meaning as in the Criminal Code.\n\n> Australian territory has the meaning given by subsection 3(1) of the Air Navigation Act 1920.\n\n> bunkering service, for a vessel, includes:\n\n    (a) the provision of fuel or supplies to the vessel; and\n    (b) other servicing of the vessel.\n\n> CASA has the meaning given by section 3 of the Civil Aviation Act 1988.\n\n> Committee means the Committee established under paragraph 24 of Resolution 1970.\n\n> controlled asset means an asset that is owned or controlled, directly or indirectly, by:\n\n    (a) a designated person or entity; or\n    (b) a person or entity acting on behalf of, or at the direction of, a designated person or entity; or\n    (c) an entity owned or controlled by a designated person or entity.\n\n> designated person or entity means a person or entity that:\n\n    (a) the Committee designates for paragraph 17 of Resolution 1970 or paragraph 19 of Resolution 1973; or\n    (b) the Security Council has decided is subject to the asset freeze measures relating to Libya.\n\n> Note: The list of designated persons and entities maintained by the Committee could in 2014 be viewed on the United Nations’ website (http://www.un.org).\n\n> designated vessel means a vessel designated by the Committee in accordance with paragraph 11 of Resolution 2146.\n\n> export sanctioned goods means arms or related matériel.\n\n> import sanctioned goods means arms or related matériel.\n\n> paramilitary equipment means any of the following:\n\n    (a) batons, clubs, riot sticks and similar devices of a kind used for law enforcement purposes;\n    (b) body armour, including:\n    (i) bullet‑resistant apparel; and\n    (ii) bullet‑resistant pads; and\n    (iii) protective helmets;\n    (c) handcuffs, leg irons and other devices used for restraining prisoners;\n    (d) riot protection shields;\n    (e) whips.\n\n> pilot in command has the meaning given by subsection 3(1) of the Air Navigation Act 1920.\n\n> protective clothing includes flak jackets and military helmets.\n\n> Resolution 1970 means Resolution 1970 (2011) of the Security Council, adopted on 26 February 2011.\n\n> Resolution 1973 means Resolution 1973 (2011) of the Security Council, adopted on 17 March 2011.\n\n> Resolution 2009 means Resolution 2009 (2011) of the Security Council, adopted on 16 September 2011.\n\n> Resolution 2146 means Resolution 2146 (2014) of the Security Council, adopted on 19 March 2014.\n\n> sanctioned service has the meaning given by regulation 4.\n\n> sanctioned supply has the meaning given by regulation 5.\n\n> working day means a day that is not a Saturday, Sunday or public holiday.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definition of sanctioned service","content":"#### 4 Definition of sanctioned service\n\n  A sanctioned service means any of the following:\n    (a) technical, financial or other assistance, or training, related to:\n    (i) military activities; or\n    (ii) the provision, maintenance or use of export sanctioned goods; or\n    (iii) the provision of armed mercenary personnel (whether or not originating in Australia);\n    (b) a financial transaction with respect to crude oil illicitly exported from Libya aboard a designated vessel;\n    (c) a bunkering service for a designated vessel.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Definition of sanctioned supply","content":"#### 5 Definition of sanctioned supply\n\n  A person makes a sanctioned supply if:\n    (a) the person supplies, sells or transfers goods to another person; and\n    (b) the goods are export sanctioned goods; and\n    (c) as a direct or indirect result of the supply, sale or transfer, the goods are transferred to Libya.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"UN sanction enforcement laws","content":"## Part 2—UN sanction enforcement laws","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Prohibitions relating to a sanctioned supply","content":"#### 6 Prohibitions relating to a sanctioned supply\n\n  (1) A person contravenes this subregulation if:\n    (a) the person makes a sanctioned supply; and\n    (b) the sanctioned supply is not an authorised supply under subregulation (6).\n  (2) For an offence under section 27 of the Act that relates to a contravention of subregulation (1) by an individual, strict liability applies to the circumstance that the making of the sanctioned supply is not authorised by a permit under regulation 7.\n  (3) A person contravenes this subregulation if:\n    (a) the person (whether or not in Australia, and whether or not an Australian citizen) 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; and\n    (b) the sanctioned supply is not an authorised supply under subregulation (6).\n  (4) A body corporate contravenes this subregulation if:\n    (a) the body corporate has effective control over the actions of another body corporate or entity, wherever incorporated or situated; and\n    (b) the other body corporate or entity makes a sanctioned supply; and\n    (c) the sanctioned supply is not an authorised supply under subregulation (6).\n  (5) Section 15.1 of the Criminal Code (Extended geographical jurisdiction—category A) applies to an offence under section 27 of the Act that relates to a contravention of subregulation (1), (3) or (4).\n\n> Note: Subregulation (5) has the effect that the offence has extraterritorial operation.\n\n  (6) An authorised supply is a sanctioned supply that is authorised by:\n    (a) a permit under regulation 7; or\n    (b) for a supply, sale or transfer in or from a foreign country—a permit:\n    (i) granted by the foreign country; and\n    (ii) properly granted by the foreign country; and\n    (iii) granted in accordance with the foreign country’s obligations under resolutions relating to Libya, as existing from time to time.\n\nNote: Resolutions relating to Libya could in 2014 be viewed on the United Nations’ website (http://www.un.org).\n\n  (7) 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 (6)(b)(i).\n\n> Note: See section 13.3 of the Criminal Code.\n\n  (8) For an offence under section 27 of the Act that relates to subregulation (1), (3) or (4), a permit is taken not to have been properly granted for subparagraph (6)(b)(ii) if the prosecution shows that the permit was granted on the basis of:\n    (a) false or misleading information provided by any person; or\n    (b) corrupt conduct by any person.\n\n> Note: This regulation is specified as a UN sanction enforcement law in the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Permit to make a sanctioned supply","content":"#### 7 Permit to make a sanctioned supply\n\n  (1) A person may apply to the Minister for a permit to make a sanctioned supply.\n  (2) The Minister may grant the permit only if the supply is one of the following:\n    (a) a supply of non‑lethal military equipment intended solely for humanitarian or protective use;\n    (b) a supply of protective clothing temporarily exported to Libya by any of the following, for their personal use only:\n    (i) a member of the personnel of the United Nations;\n    (ii) a representative of the media;\n    (iii) a humanitarian or development worker;\n    (iv) a person associated with a person mentioned in subparagraphs (i) to (iii);\n    (c) a supply of small arms, light weapons or related matériel temporarily exported to Libya for the sole use of a person mentioned in paragraph (b):\n    (i) for which advance notice is given to the Committee; and\n    (ii) in relation to which the Committee does not make a negative decision within 5 working days after the notice is given;\n    (d) a supply of non‑lethal military equipment intended solely for security or disarmament assistance to the Libyan government;\n    (e) a supply, other than a supply mentioned in paragraph (d), that:\n    (i) is intended solely for security or disarmament assistance to the Libyan government; and\n    (ii) has been approved in advance by the Committee.\n    (f) a supply:\n    (i) other than a supply mentioned in paragraphs (a) to (e); and\n    (ii) approved in advance by the Committee.\n  (3) The permit is subject to any conditions specified in the permit.\n\n> Note: Section 13A of the Act applies to a permit granted under this regulation.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Prohibitions relating to import sanctioned goods","content":"#### 8 Prohibitions relating to import sanctioned goods\n\n  (1) A person contravenes this subregulation if the person procures import sanctioned goods from:\n    (a) Libya; or\n    (b) a person or entity in Libya.\n  (2) A person contravenes this subregulation if the person (whether or not in Australia, and whether or not an Australian citizen) uses the services of an Australian ship or an Australian aircraft to transport import sanctioned goods in the course of, or for the purpose of procuring import sanctioned goods from:\n    (a) Libya; or\n    (b) a person or entity in Libya.\n  (3) A body corporate contravenes this subregulation if:\n    (a) the body corporate has effective control over the actions of another body corporate or entity, wherever incorporated or situated; and\n    (b) the other body corporate or entity procures import sanctioned goods from:\n    (i) Libya; or\n    (ii) a person or entity in Libya.\n  (4) Section 15.1 of the Criminal Code (Extended geographical jurisdiction—category A) applies to an offence under section 27 of the Act that relates to a contravention of subregulation (1), (2) or (3).\n\n> Note 1: Subregulation (4) has the effect that the offence has extraterritorial operation.\n\n> Note 2: This regulation is specified as a UN sanction enforcement law in the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Prohibitions relating to a sanctioned service","content":"#### 9 Prohibitions relating to a sanctioned service\n\n  (1) A person contravenes this subregulation if:\n    (a) the person provides a sanctioned service; and\n    (b) the sanctioned service is not an authorised service under subregulation (6).\n  (2) For an offence under section 27 of the Act that relates to a contravention of subregulation (1) by an individual, strict liability applies to the circumstance that the provision of the sanctioned service is not authorised by a permit under regulation 10.\n  (3) A person contravenes this subregulation if:\n    (a) the person (whether or not in Australia, and whether or not an Australian citizen) uses the services of an Australian ship or an Australian aircraft in the course of, or for the purpose of, providing a sanctioned service; and\n    (b) the sanctioned service is not an authorised service under subregulation (6).\n  (4) A body corporate contravenes this subregulation if:\n    (a) the body corporate has effective control over the actions of another body corporate or an entity, wherever incorporated or situated; and\n    (b) the other body corporate or the entity provides a sanctioned service; and\n    (c) the sanctioned service is not an authorised service under subregulation (6).\n  (5) Section 15.1 of the Criminal Code (Extended geographical jurisdiction—category A) applies to an offence under section 27 of the Act that relates to a contravention of subregulation (1), (3) or (4).\n\n> Note: Subregulation (5) has the effect that the offence has extraterritorial operation.\n\n  (6) An authorised service is a sanctioned service that is authorised by:\n    (a) a permit under regulation 10; or\n    (b) for a service provided in a foreign country—a permit:\n    (i) granted by the foreign country; and\n    (ii) properly granted by the foreign country; and\n    (iii) granted in accordance with the foreign country’s obligations under resolutions relating to Libya, as existing from time to time.\n\nNote: Resolutions relating to Libya could in 2014 be viewed on the United Nations’ website (http://www.un.org).\n\n  (7) 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 (6)(b)(i).\n\n> Note: See section 13.3 of the Criminal Code.\n\n  (8) For an offence under section 27 of the Act that relates to subregulation (1), (3) or (4), a permit is taken not to have been properly granted for subparagraph (6)(b)(ii) if the prosecution shows that the permit was granted on the basis of:\n    (a) false or misleading information provided by any person; or\n    (b) corrupt conduct by any person.\n\n> Note: This regulation is specified as a UN sanction enforcement law in the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Permit to provide a sanctioned service","content":"#### 10 Permit to provide a sanctioned service\n\n  (1) A person may apply to the Minister for a permit to provide a sanctioned service.\n  (2) The Minister may grant the permit only if the sanctioned service is one of the following:\n    (a) a service consisting of technical assistance or training related to a supply of non‑lethal military equipment intended solely for humanitarian or protective use;\n    (b) a service consisting of technical assistance, training or financial assistance intended solely for security or disarmament assistance to the Libyan government;\n    (c) a bunkering service for a designated vessel:\n    (i) that is necessary for humanitarian purposes, or provided in relation to the return of the designated vessel to Libya; and\n    (ii) for which the Minister has given advance notice to the Committee;\n    (d) a service not mentioned in paragraphs (a) to (c):\n    (i) consisting of assistance or the provision of personnel; and\n    (ii) approved in advance by the Committee.\n  (3) The permit is subject to any conditions specified in the permit.\n\n> Note: Section 13A of the Act applies to a permit granted by the Minister under this regulation.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Prohibitions relating to dealings with designated persons or entities","content":"#### 11 Prohibitions relating to dealings with designated persons or entities\n\n  (1) A person contravenes this subregulation if:\n    (a) the person, directly or indirectly, makes an asset available to, or for the benefit of a designated person or entity; and\n    (b) the making available of the asset is not authorised by a permit under regulation 12C.\n  (2) Subregulation (1) does not apply to the making available of an asset to, or for the benefit of:\n    (a) the Libyan Investment Authority; or\n    (b) the Libyan Africa Investment Portfolio.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subregulation (2): see subsection 13.3(3) of the Criminal Code.\n\n  (3) For an offence under section 27 of the Act that relates to a contravention of subregulation (1) by an individual, strict liability applies to the circumstance that the making available of the asset is not authorised by a permit under regulation 12C.\n  (4) Section 15.1 of the Criminal Code (Extended geographical jurisdiction—category A) applies to an offence under section 27 of the Act that relates to a contravention of subregulation (1).\n\n> Note 1: Subregulation (4) has the effect that the offence has extraterritorial operation.\n\n> Note 2: This regulation is specified as a UN sanction enforcement law in the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Prohibitions relating to controlled assets","content":"#### 12 Prohibitions relating to controlled assets\n\n  (1) A person contravenes this subregulation if:\n    (a) the person holds a controlled asset; and\n    (b) the person:\n    (i) uses or deals with the controlled asset; or\n    (ii) allows the controlled asset to be used or dealt with; or\n    (iii) facilitates the use of, or the dealing with, the controlled asset; and\n    (c) the use or dealing is not authorised by a permit under regulation 12C or 13A.\n  (2) Subregulation (1) does not apply in relation to a controlled asset that:\n    (a) is owned or controlled by:\n    (i) the Libyan Investment Authority; or\n    (ii) the Libyan Africa Investment Portfolio; and\n    (b) was not outside Libya and frozen on 16 September 2011.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subregulation (2): see subsection 13.3(3) of the Criminal Code.\n\n  (3) For an offence under section 27 of the Act that relates to a contravention of subregulation (1) by an individual, strict liability applies to the circumstance that the use of, or dealing with, the asset is not authorised by a permit under regulation 12C or 13A.\n  (4) Section 15.1 of the Criminal Code (Extended geographical jurisdiction—category A) applies to an offence under section 27 of the Act that relates to a contravention of subregulation (1).\n\n> Note 1: Subregulation (4) has the effect that the offence has extraterritorial operation.\n\n> Note 2: This regulation is specified as a UN sanction enforcement law in the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.","sortOrder":13},{"sectionNumber":"12A","sectionType":"section","heading":"Permit for assets and controlled assets—application—general","content":"#### 12A Permit for assets and controlled assets—application—general\n\n  (1) A person may apply to the Minister for a permit authorising:\n    (a) the making available of an asset that would otherwise contravene subregulation 11(1); or\n    (b) a use of, or dealing with, a controlled asset that would otherwise contravene subregulation 12(1).\n  (2) An application mentioned in paragraph (1)(a) must be made in accordance with regulation 12B.\n  (3) An application mentioned in paragraph (1)(b) in relation to a controlled asset mentioned in subregulation (5) must be made in accordance with regulation 12B or 13.\n  (4) An application mentioned in paragraph (1)(b) in relation to a controlled asset other than a controlled asset mentioned in subregulation (5) must be made in accordance with regulation 12B.\n  (5) For subregulations (3) and (4), the controlled asset is an asset that:\n    (a) is owned or controlled by:\n    (i) the Libyan Investment Authority; or\n    (ii) the Libyan Africa Investment Portfolio; and\n    (b) was outside Libya and frozen on 16 September 2011.","sortOrder":14},{"sectionNumber":"12B","sectionType":"section","heading":"Permit for assets and controlled assets—application—permissible dealings","content":"#### 12B Permit for assets and controlled assets—application—permissible dealings\n\n  (1) An application under this regulation must be for one of the following:\n    (a) a basic expense dealing;\n    (b) a legally required dealing;\n    (c) a contractual dealing;\n    (d) a required payment dealing;\n    (e) an extraordinary expense dealing.\n\n> Note: For the definitions of basic expense dealing, legally required dealing, contractual dealing, required payment dealing and extraordinary expense dealing, see regulation 5 of the Charter of the United Nations (Dealing with Assets) Regulations 2008.\n\n  (2) The application must state which kind of dealing the application is for.","sortOrder":15},{"sectionNumber":"12C","sectionType":"section","heading":"Permit for assets and controlled assets—grant—permissible dealings","content":"#### 12C Permit for assets and controlled assets—grant—permissible dealings\n\n  (1) This regulation applies if a person has made an application under regulation 12B.\n  (2) If the application is for a basic expense dealing, the Minister:\n    (a) must give the Committee notice of the application; and\n    (b) may grant the permit only if the Committee does not advise against granting the permit within 5 working days after the notice is given.\n  (3) If the application is for a legally required dealing, the Minister may grant the permit only after giving the Committee notice of the application.\n  (4) If the application is for a contractual dealing, the Minister may grant the permit.\n  (5) If the application is for a required payment dealing, the Minister may grant the permit only after giving the Committee notice at least 10 working days in advance.\n  (6) If the application is for an extraordinary expense dealing, the Minister may grant the permit only if the Committee approves the application.\n  (7) The permit is subject to any conditions specified in the permit.\n\n> Note: Section 13A of the Act applies to a permit granted by the Minister under this regulation.","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Permit for assets and controlled assets—application—permissible purposes","content":"#### 13 Permit for assets and controlled assets—application—permissible purposes\n\n  (1) An application under this regulation must be for a use of or dealing with the controlled asset for one or more of the following purposes:\n    (a) addressing humanitarian needs;\n    (b) fuel, electricity or water for civilian use;\n    (c) resuming Libyan production or sale of hydrocarbons;\n    (d) establishing, operating or strengthening institutions of civilian government or civilian public infrastructure;\n    (e) facilitating the resumption of banking sector operations, including to support or facilitate international trade with Libya.\n  (2) The application must state which purpose or purposes the application is for.","sortOrder":17},{"sectionNumber":"13A","sectionType":"section","heading":"Permit for assets and controlled assets—grant—permissible purposes","content":"#### 13A Permit for assets and controlled assets—grant—permissible purposes\n\n  (1) This regulation applies if a person has made an application under regulation 13.\n  (2) The Minister may grant the permit only if:\n    (a) the Minister:\n    (i) is satisfied that the use or dealing is for the purpose or purposes stated in the application; and\n    (ii) has consulted in advance with the Libyan government about the application; and\n    (iii) has given the Committee and the Libyan government notice of the application; and\n    (iv) has given the Committee notice that the controlled asset will not be made available to, or for the benefit of, a designated person; and\n    (b) the Committee has not made a negative decision in relation to the application within 5 working days after the notice mentioned in subparagraph (a)(iii) is given; and\n    (c) the Libyan government has not objected to the proposed use or dealing within 5 working days after the notice mentioned in subparagraph (a)(iii) is given.\n  (3) The permit is subject to any conditions specified in the permit.\n\n> Note: Section 13A of the Act applies to a permit granted by the Minister under this regulation.","sortOrder":18},{"sectionNumber":"13B","sectionType":"section","heading":"When CASA or Airservices Australia must deny authorisation for aircraft","content":"#### 13B When CASA or Airservices Australia must deny authorisation for aircraft\n\n  CASA or Airservices Australia must deny authorisation for an aircraft to land in, take off from or fly over Australian territory if:\n    (a) CASA or Airservices Australia has reasonable grounds to believe that goods or personnel prohibited by paragraph 9 of Resolution 1970, paragraph 18 of Resolution 1973, or any other relevant resolution, are on board the aircraft; or\n    (b) the Chief Executive Officer of a designated Commonwealth entity:\n    (i) has reasonable grounds to believe that goods or personnel prohibited by paragraph 9 of Resolution 1970, paragraph 18 of Resolution 1973, or any other relevant resolution, are on board the aircraft; and\n    (ii) informs CASA or Airservices Australia of that belief.","sortOrder":19},{"sectionNumber":"13C","sectionType":"section","heading":"Prohibition relating to aircraft carrying goods prohibited by Security Council resolutions","content":"#### 13C Prohibition relating to aircraft carrying goods prohibited by Security Council resolutions\n\n  A person contravenes this regulation if:\n    (a) the person is a pilot in command of an aircraft; and\n    (b) CASA or Airservices Australia has denied authorisation under regulation 13B for the aircraft to land in, take off from or fly over Australian territory; and\n    (c) the aircraft lands in, takes off from or flies over Australian territory; and\n    (d) for a landing—the landing is not made in an emergency.","sortOrder":20},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Other matters","content":"## Part 2A—Other matters","sortOrder":21},{"sectionNumber":"13D","sectionType":"section","heading":"No claim for breach of contract or failure to perform transaction","content":"#### 13D No claim for breach of contract or failure to perform transaction\n\n  (1) This regulation applies to:\n    (a) the Libyan government; and\n    (b) the following persons and entities:\n    (i) a Libyan national or a person or entity subject to Libyan jurisdiction;\n    (ii) a designated person or entity;\n    (iii) a person or entity able to claim through, or for the benefit of, the Libyan government or a person or entity mentioned in subparagraph (i) or (ii).\n  (2) The Libyan government, or the person or entity, must not make a claim or demand, or take any action, against any other person or entity for breach of contract or a failure to perform a transaction if the performance of the contract or transaction was prevented:\n    (a) under these Regulations; or\n    (b) because of resolutions relating to Libya, as existing from time to time.\n\nNote: Resolutions relating to Libya could in 2014 be viewed on the United Nations’ website (http://www.un.org).\n\n  (3) This regulation has effect despite any other law of the Commonwealth or any law of a State or Territory.","sortOrder":22},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"## Part 3—Miscellaneous","sortOrder":23},{"sectionNumber":"14","sectionType":"section","heading":"Delegations by Minister","content":"#### 14 Delegations by Minister\n\n  (1) The Minister may delegate the Minister’s powers and functions under these Regulations (other than this power of delegation) to:\n    (a) the Secretary of the Department; or\n    (b) an SES employee, or acting SES employee, in the Department.\n  (2) The delegation must be in writing.\n  (3) The delegate must comply with any directions of the Minister in exercising powers or functions under the delegation.","sortOrder":24}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2011 arms embargo and asset freeze focused on the Gaddafi regime. The 2014 amendments (Resolution 2146) added measures targeting illicit oil exports from Libya, including designated vessel restrictions (reg 4(b)-(c), reg 10(2)(c)) and bunkering service prohibitions. The asset control framework has also grown complex with dual permit pathways distinguishing between 'permissible dealings' (basic expenses, contractual dealings etc.) and 'permissible purposes' (humanitarian, hydrocarbon production, banking sector resumption). The aviation controls (regs 13B-13C) and sovereign wealth fund specific provisions further demonstrate scope creep from a simple sanctions implementation to a comprehensive trade, financial services, and transport control regime."},"complexity_factors":["Multiple overlapping prohibition regimes: arms exports (reg 6), arms imports (reg 8), sanctioned services (reg 9), asset dealings (regs 11-12), and aviation controls (regs 13B-13C)","Dual permit pathways for assets: one for 'permissible dealings' (regs 12B-12C) referencing external regulations, and another for 'permissible purposes' (regs 13-13A) with distinct consultation requirements","Extraterritorial application via Criminal Code section 15.1, applying to Australians and Australian entities worldwide","Corporate liability through 'effective control' tests (regs 6(4), 8(3), 9(4)) creating attribution rules for parent companies","Strict liability offences for permit status (regs 6(2), 9(3), 11(3), 12(3)) combined with evidential burdens on defendants (regs 6(7), 9(7))","Nested exceptions: general prohibitions with exceptions for sovereign wealth funds (regs 11(2), 12(2)), which then have their own conditional permit systems","External referencing: definitions rely on UN Security Council resolutions (1970, 1973, 2009, 2146) and cross-reference the Charter of the United Nations (Dealing with Assets) Regulations 2008","Temporal conditions for sovereign wealth fund exemptions (frozen status as of 16 September 2011)"],"plain_english_summary":"These Regulations convert UN Security Council sanctions on Libya into Australian law, criminalising the supply or purchase of weapons, military assistance, and dealings with frozen assets, and restricting fuel or services to vessels involved in illicit oil exports. They apply extraterritorially to Australian citizens and companies, banks, shipping and aviation operators, and include a ministerial permit scheme and special rules for Libyan sovereign funds.\n\nThe measures aim to halt arms flows and illicit oil revenue, cut financial support to destabilising actors, and encourage a peaceful settlement; breaches carry serious criminal penalties."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The instrument remains focused on giving domestic effect to United Nations Security Council sanctions relating to Libya (arms embargoes, asset freezes, service prohibitions, aviation controls). Subsequent references to additional UNSC resolutions (for example Resolution 2146) and procedural refinements (permit categories, Committee notice and approval windows, specific carve‑outs for particular Libyan investment bodies) update and operationalise the original purpose but do not materially broaden the subject matter beyond implementing UN sanctions. Changes are therefore iterative and procedural rather than an expansion of the core policy scope."},"complexity_factors":["About 23 defined terms in the interpretation section (e.g. 'controlled asset', 'designated person or entity', 'sanctioned service/supply').","Multiple cross‑references to other Commonwealth laws (Charter of the United Nations Act 1945, Criminal Code, Air Navigation Act, Civil Aviation Act) creating layered jurisdictional rules (regs 3, 6(5), 8(4), 9(5)).","Several conditional permit tracks with different procedural steps and time windows (regs 7, 10, 12B–12C, 13–13A) including Committee notice/approval requirements (5 or 10 working day windows).","Extraterritorial application and extended corporate jurisdiction (section 15.1 Criminal Code application) plus liability where a body corporate \"has effective control\" of foreign entities (regs 6(5), 6(4), 8(4), 9(5), 11(4), 12(4)).","Strict liability for individuals on the absence of authorisation in multiple provisions (regs 6(2), 9(2), 11(3), 12(3)).","Multiple exceptions and special classes (e.g. Libyan Investment Authority and Libyan Africa Investment Portfolio carve‑outs, controlled assets frozen on 16 Sept 2011) (regs 11(2), 12(2), 12A(5)).","Evidential burdens on defendants to adduce certain matters (relating to foreign permits and carve‑outs) (regs 6(7), 9(7), 11(2) note).","Administrative discretion and delegation with potential conditionality on permits (reg 14; regs 7, 10, 12C, 13A).","Operational aviation controls that interact with CASA/Airservices Australia and designated Commonwealth executive advice (regs 13B–13C)."],"plain_english_summary":"**What these regulations do (mechanically)\n\n- They implement United Nations Security Council sanctions targeted at Libya by making specific activities criminal unless authorised. The main prohibitions: supplying arms or military-related goods to Libya (reg 6); importing arms from Libya (reg 8); providing military‑related services or services linked to illicit crude oil exports or bunkering of certain designated vessels (regs 4, 9); making assets available to designated persons/entities or using \"controlled assets\" without permits (regs 11–13A); and permitting aircraft carrying prohibited goods to enter Australian territory is denied and breaching that is an offence (regs 13B–13C).  \n\n- The regulations set out permit routes for authorised activity (regs 7, 10, 12A–13A). Different kinds of permits and applications are defined (for supplies, services, asset dealings) and some permits require advance notice to, or approval by, the UN Committee established under the relevant UN resolutions (see regs 7, 10, 12C, 13A). Some permit categories are time‑sensitive — the Committee has short windows (for example, 5 working days) to register objections to certain applications (regs 7(c), 12C(2), 13A(2)(b)).  \n\n- The regulations apply extraterritorially in key respects: Australian persons and bodies (and people using Australian ships or aircraft) may be criminally liable for relevant acts done outside Australia; and corporate liability extends to bodies corporate that exercise effective control over another entity wherever located (regs 6(5), 8(4), 9(5), 11(4), 12(4)).  \n\n- For certain offences by individuals, the rules impose strict liability that the activity was not authorised by a permit (regs 6(2), 9(2), 11(3), 12(3)). Defendants bear an evidential burden to show that a foreign permit was properly granted where that is relied on as a defence (regs 6(7), 9(7), 11(2) note).  \n\n- The Minister is the decision‑maker for Australian permits and may delegate most powers to senior departmental officers; permits may include conditions (reg 14; regs 7, 10, 12C, 13A).  \n\n- The regulations also prevent the Libyan government, designated persons, and related parties from bringing claims for breach of contract or non‑performance where performance was prevented by these Regulations or by UNSC resolutions (reg 13D).\n\n\nWho is affected\n\n- Australian individuals and companies that export or trade in arms, military equipment, or military‑related services with Libya (regs 3, 4, 5, 6, 9).  \n- Persons or entities (any nationality) who use Australian ships or Australian aircraft to move sanctioned goods or provide sanctioned services (regs 6(3), 8(2), 9(3)).  \n- Bodies corporate that have effective control over foreign subsidiaries or entities that engage in sanctioned activity (regs 6(4), 8(3), 9(4), 11(4), 12(4)).  \n- Anyone holding assets owned or controlled (directly or indirectly) by designated persons or entities (controlled assets) or the Libyan Investment Authority portfolios (regs 11–13A).  \n- Pilots of aircraft that land in Australia in contravention of a denied authorisation (reg 13C).  \n- The Minister, the Australian Civil Aviation Safety Authority (CASA), Airservices Australia, and the UN Committee (as recipient/actor under notice/approval rules).\n\n\nWhy it matters (stated purpose and how that interacts with costs and implementation mechanics)\n\n- The stated purpose (the instrument’s explicit aim) is to give domestic force to UN Security Council measures relating to Libya so Australia complies with its obligations under the UN Charter (see definitions referencing Resolutions 1970, 1973, 2009, 2146). That aim explains why prohibitions closely mirror wording in UNSC resolutions and why the UN Committee is built into permit processes (regs 7, 10, 12C, 13A).\n\n- Costs, incentives and trade‑offs:  \n  - Compliance costs: businesses must screen counterparties against UN lists, check origin/destination of goods, and obtain permits where necessary (regs 3, 6, 11, 12A–12C).  \n  - Delay and transaction costs: permits may require advance notice or Committee approval and short review windows (for example, 5 or 10 working days), which can delay legitimate humanitarian or commercial activity (regs 7(c), 12C(2), 12C(5), 13A(2)).  \n  - Legal risk and deterrence: criminal penalties apply with extraterritorial reach; the presence of strict liability on authorisation for individuals raises the risk profile for persons engaged in cross‑border logistics and shipping using Australian services (regs 6(2), 9(2), 6(5), 9(5)).  \n  - Market effects: suppliers who would otherwise trade with Libya are restricted; that can reduce available supply, change competitive dynamics for defence and logistics firms, and potentially raise prices for permitted substitutes (regs 5–6, 9–10).  \n\n- Implementation and administration risks:  \n  - Reliance on the UN Committee’s timely responses is a bottleneck for certain permit categories (regs 7(c), 12C(2), 13A(2)).  \n  - Permits require coordination with the Libyan government for some asset dealings, introducing political/administrative complexity (reg 13A(2)(ii)).  \n  - Delegation gives the Minister administrative flexibility but centralises discretion in the Department and senior executive service officers (reg 14).  \n\n- Compliance incentives and due diligence:  \n  - Firms and individuals must build processes to identify \"designated persons or entities\" and \"controlled assets\" (reg 3). Relying on foreign permits is possible but the defendant bears an evidential burden to prove a foreign permit was properly granted; permits obtained through false or corrupt information will not excuse conduct (regs 6(6)–(8), 9(6)–(8)).\n\n- Effects on private choice and public administration:  \n  - Private actors can still engage in narrowly defined permitted activity (humanitarian, protective, or government‑approved disarmament/security assistance) but must apply for permits and accept permit conditions (regs 7, 10, 12C, 13A).  \n  - The rules constrain contract enforcement: parties affected by these Regulations cannot claim breach if performance was prevented because of these Regulations or the UNSC resolutions (reg 13D), which shifts commercial risk away from sanctioned Libyan counterparties.\n\n\nShort summary of mechanisms (who pays, who decides, what behaviour changes)\n\n- Who pays: businesses and individuals who would trade arms, military services, or assets with Libya bear compliance costs, potential criminal exposure, and delays. Financial holders of frozen Libyan assets cannot use them without a permit (regs 11–13A).  \n- Who decides: the Australian Minister (or delegated SES officers) issues permits; CASA/Airservices deny aviation authorisation when appropriate; the UN Committee has an explicit review/approval role for many permit types; the Libyan government is consulted for certain asset permit decisions (regs 7, 10, 12C, 13A, 13B).  \n- What behaviour changes: exporters refrain from sending arms/military services to Libya absent a permit; service providers avoid sanctioned services; asset holders stop using frozen assets unless a permit is granted; aircraft and pilots comply with denied authorisations.\n\n\nKey practical points to watch when using these regulations\n\n- Check the UN designated persons/entities list regularly and whether a person or entity is a \"controlled asset\" (reg 3).  \n- Make permit applications early and identify which permit route applies—some require notice to the UN Committee and have short decision windows (regs 12B–12C, 13A).  \n- Be aware of extraterritorial reach: use of Australian ships or aircraft, or effective control over foreign subsidiaries, can attract liability (regs 6(3)–(5), 8(2)–(4), 9(3)–(4)).  \n- Maintain careful documentation if relying on a foreign country’s permit as a defence because a defendant must produce evidence that the foreign permit was properly granted and not induced by false information or corruption (regs 6(6)–(8), 9(6)–(8))."}},"importantCases":[],"_links":{"self":"/api/acts/charter-of-the-united-nations-sanctions-libya-regulations-2011","history":"/api/acts/charter-of-the-united-nations-sanctions-libya-regulations-2011/history","analysis":"/api/acts/charter-of-the-united-nations-sanctions-libya-regulations-2011/analysis","conflicts":"/api/acts/charter-of-the-united-nations-sanctions-libya-regulations-2011/conflicts","importantCases":"/api/acts/charter-of-the-united-nations-sanctions-libya-regulations-2011/important-cases","documents":"/api/acts/charter-of-the-united-nations-sanctions-libya-regulations-2011/documents"}}