{"id":"F2015L01299","name":"Charter of the United Nations (Sanctions—South Sudan) Regulation 2015","slug":"charter-of-the-united-nations-sanctions-south-sudan-regulation-2015","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"141 of 2015","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":143626,"registerId":"commonwealth-F2015L01299-current","compilationNumber":null,"startDate":"2026-04-03","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","content":"#### 1 Name\n\n  This is the Charter of the United Nations (Sanctions—South Sudan) Regulation 2015.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under the Charter of the United Nations Act 1945.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) asset;\n    (b) UN sanction enforcement law.\n  In this instrument:\n\n> Act means the Charter of the United Nations Act 1945.\n\n> arms or related matériel includes:\n\n    (a) weapons; and\n    (b) ammunition; and\n    (c) military vehicles and equipment; and\n    (d) paramilitary equipment; and\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> authorised service has the meaning given by subsection 4D(6).\n\n> authorised supply has the meaning given by subsection 4B(6).\n\n> Committee means the Committee established under paragraph 16 of Resolution 2206.\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:\n\n    (a) designated by the Committee for the purposes of paragraph 12 of Resolution 2206; or\n    (b) to whom the measures mentioned in paragraph 12 of Resolution 2206 apply under a decision of the Security Council.\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> protective clothing includes flak jackets and military helmets.\n\n> Resolution 2206 means Resolution 2206 (2015) of the Security Council, adopted on 3 March 2015.\n\n> Resolution 2428 means Resolution 2428 (2018) of the Security Council, adopted on 13 July 2018.\n\n> sanctioned service:\n\n    (a) means the provision to South Sudan of technical assistance, training, financial or other assistance, related to:\n    (i) military activities; or\n    (ii) the provision, maintenance or use of any arms or related matériel; and\n    (b) includes the provision to South Sudan of armed mercenary personnel whether or not originating in Australia.\n\n> sanctioned supply has the meaning given by section 4A.","sortOrder":3},{"sectionNumber":"4A","sectionType":"section","heading":"Definition of sanctioned supply","content":"#### 4A 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 arms or related matériel; and\n    (c) as a direct or indirect result of the supply, sale or transfer, the goods are transferred to South Sudan.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"UN sanction enforcement laws","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This is the Charter of the United Nations (Sanctions—South Sudan) Regulation 2015.\n\n#### 3 Authority\n\n  This instrument is made under the Charter of the United Nations Act 1945.\n\n#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) asset;\n    (b) UN sanction enforcement law.\n  In this instrument:\n\n> Act means the Charter of the United Nations Act 1945.\n\n> arms or related matériel includes:\n\n    (a) weapons; and\n    (b) ammunition; and\n    (c) military vehicles and equipment; and\n    (d) paramilitary equipment; and\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> authorised service has the meaning given by subsection 4D(6).\n\n> authorised supply has the meaning given by subsection 4B(6).\n\n> Committee means the Committee established under paragraph 16 of Resolution 2206.\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:\n\n    (a) designated by the Committee for the purposes of paragraph 12 of Resolution 2206; or\n    (b) to whom the measures mentioned in paragraph 12 of Resolution 2206 apply under a decision of the Security Council.\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> protective clothing includes flak jackets and military helmets.\n\n> Resolution 2206 means Resolution 2206 (2015) of the Security Council, adopted on 3 March 2015.\n\n> Resolution 2428 means Resolution 2428 (2018) of the Security Council, adopted on 13 July 2018.\n\n> sanctioned service:\n\n    (a) means the provision to South Sudan of technical assistance, training, financial or other assistance, related to:\n    (i) military activities; or\n    (ii) the provision, maintenance or use of any arms or related matériel; and\n    (b) includes the provision to South Sudan of armed mercenary personnel whether or not originating in Australia.\n\n> sanctioned supply has the meaning given by section 4A.\n\n#### 4A 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 arms or related matériel; and\n    (c) as a direct or indirect result of the supply, sale or transfer, the goods are transferred to South Sudan.\n\n## Part 2—UN sanction enforcement laws\n\n### Division 1—Sanctioned supplies and sanctioned services\n\n#### 4B Prohibitions relating to a sanctioned supply\n\n  (1) A person contravenes this subsection if:\n    (a) the person makes a sanctioned supply; and\n    (b) the sanctioned supply is not an authorised supply.\n  (2) For an offence under section 27 of the Act that relates to a contravention of subsection (1) by an individual, strict liability applies to the circumstance that the making of the sanctioned supply is not authorised by a permit under section 4C.\n  (3) 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 subsection (1).\n\n> Note: This subsection has the effect that the offence has extraterritorial operation.\n\n  (4) A person contravenes this subsection if, whether or not in Australia, and whether or not an Australian citizen:\n    (a) the person uses the services of an Australian ship or an Australian aircraft to transport arms or related matériel in the course of, or for the purpose of, making a sanctioned supply; and\n    (b) the sanctioned supply is not an authorised supply.\n  (5) A body corporate contravenes this subsection 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.\n  (6) An authorised supply is a sanctioned supply that is authorised by:\n    (a) a permit under section 4C; 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 a way that accords with the foreign country’s obligations under Resolution 2428 and any other relevant resolution.\n\nNote: Other relevant resolutions could in 2018 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 a contravention of subsection (1), (4) or (5) 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 a contravention of subsection (1), (4) or (5), a permit is taken not to have been properly granted for the purposes of 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 section is specified as a UN sanction enforcement law in the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.\n\n#### 4C Permit to make a sanctioned supply\n\n  (1) A person may apply, in writing, to the Minister for a permit to make a sanctioned supply.\n  (2) The Minister may grant the permit only if the sanctioned supply is one of the following:\n    (a) a sanctioned supply of arms or related matériel that is intended solely for the support of, or use by, a member of the personnel of the United Nations, including:\n    (i) a member of the personnel of the United Nations Mission in the Republic of South Sudan; and\n    (ii) a member of the personnel of the United Nations Interim Security Force for Abyei;\n    (b) a sanctioned supply of non‑lethal military equipment that:\n    (i) is intended solely for humanitarian or protective use; and\n    (ii) has been notified in advance to the Committee;\n    (c) a sanctioned supply of protective clothing that is to be temporarily exported to South Sudan 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 any of subparagraphs (i) to (iii);\n    (d) a sanctioned supply of arms or related matériel that:\n    (i) is to be temporarily exported to South Sudan by the forces of a State which is taking action, in accordance with international law, solely and directly to facilitate the protection or evacuation of its nationals and those for whom it has consular responsibility in South Sudan; and\n    (ii) has been notified to the Committee;\n    (e) a sanctioned supply of arms or related matériel that:\n    (i) is to be made to or in support of the African Union Regional Task Force; and\n    (ii) is intended solely for regional operations to counter the Lord’s Resistance Army; and\n    (iii) has been notified in advance to the Committee;\n    (f) a sanctioned supply of arms or related matériel that is to be made solely in support of the implementation of the terms of the peace agreement (within the meaning of Resolution 2428);\n    (g) another sanctioned supply that is a sale or supply of arms or related matériel that has been approved in advance by the Committee.\n  (3) The permit must be:\n    (a) in writing; and\n    (b) given to the applicant.\n  (4) The permit is subject to any conditions specified in the permit.\n\n> Note: Section 13A of the Act deals with the invalidation of permissions etc. granted on the basis of false or misleading information or documents.\n\n#### 4D Prohibitions relating to a sanctioned service\n\n  (1) A person contravenes this subsection if:\n    (a) the person provides a sanctioned service; and\n    (b) the sanctioned service is not an authorised service.\n  (2) For an offence under section 27 of the Act that relates to a contravention of subsection (1) by an individual, strict liability applies to the circumstance that the provision of the sanctioned service is not authorised by a permit under section 4E.\n  (3) 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 subsection (1).\n\n> Note: This subsection has the effect that the offence has extraterritorial operation.\n\n  (4) A person contravenes this subsection if, whether or not in Australia, and whether or not an Australian citizen:\n    (a) 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; and\n    (b) the sanctioned service is not an authorised service.\n  (5) A body corporate contravenes this subsection 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 provides a sanctioned service; and\n    (c) the sanctioned service is not an authorised service.\n  (6) An authorised service is a sanctioned service that is authorised by:\n    (a) a permit under section 4E; 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 a way that accords with the foreign country’s obligations under Resolution 2428 and any other relevant resolution.\n\nNote: Other relevant resolutions could in 2018 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 a contravention of subsection (1), (4) or (5) 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 a contravention of subsection (1), (4) or (5), a permit is taken not to have been properly granted for the purposes of 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 section is specified as a UN sanction enforcement law in the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.\n\n#### 4E Permit to provide a sanctioned service\n\n  (1) A person may apply, in writing, 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) training or assistance that is intended solely for the support of, or use by, a member of the personnel of the United Nations, including:\n    (i) a member of the personnel of the United Nations Mission in the Republic of South Sudan; and\n    (ii) a member of the personnel of the United Nations Interim Security Force for Abyei;\n    (b) technical assistance or training that:\n    (i) is related to a supply of non‑lethal military equipment intended solely for humanitarian or protective use; and\n    (ii) has been notified in advance to the Committee;\n    (c) technical training or assistance that:\n    (i) is to be provided to or in support of the African Union Regional Task Force; and\n    (ii) is intended solely for regional operations to counter the Lord’s Resistance Army; and\n    (iii) has been notified in advance to the Committee;\n    (d) technical training or assistance that is to be provided solely in support of the implementation of the terms of the peace agreement (within the meaning of Resolution 2428);\n    (e) the provision of other assistance or personnel that has been approved in advance by the Committee.\n  (3) The permit must be:\n    (a) in writing; and\n    (b) given to the applicant.\n  (4) The permit is subject to any conditions specified in the permit.\n\n> Note: Section 13A of the Act deals with the invalidation of permissions etc. granted on the basis of false or misleading information or documents.\n\n### Division 2—Sanctions relating to assets and controlled assets\n\n#### 5 Prohibition relating to dealings with designated persons or entities\n\n  (1) A person contravenes this subsection 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 section 7.\n  (2) For an offence under section 27 of the Act that relates to a contravention of subsection (1) by an individual, strict liability applies to the circumstance that the making available of the asset is not authorised by a permit under section 7.\n  (3) 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 subsection (1).\n\n> Note 1: Subsection (3) has the effect that the offence has extraterritorial operation.\n\n> Note 2: This section is specified as a UN sanction enforcement law in the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.\n\n#### 6 Prohibition relating to controlled assets\n\n  (1) A person contravenes this subsection if:\n    (a) the person holds a controlled asset; and\n    (b) the person:\n    (i) uses or deals with the asset; or\n    (ii) allows the asset to be used or dealt with; or\n    (iii) facilitates the use of, or the dealing with, the asset; and\n    (c) the use or dealing is not authorised by a permit under section 7.\n  (2) For an offence under section 27 of the Act that relates to a contravention of subsection (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 section 7.\n  (3) 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 subsection (1).\n\n> Note 1: Subsection (3) has the effect that the offence has extraterritorial operation.\n\n> Note 2: This section is specified as a UN sanction enforcement law in the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.\n\n#### 7 Permit for assets and controlled assets\n\n  Application for permit\n  (1) A person may apply, in writing, to the Minister for a permit authorising:\n    (a) the making available of an asset that would otherwise contravene subsection 5(1); or\n    (b) a use of, or dealing with, a controlled asset that would otherwise contravene subsection 6(1).\n  (2) The application must be for a basic expense dealing, a legally required dealing, a contractual dealing, a required payment dealing or an extraordinary expense dealing within the meaning of regulation 5 of the Charter of the United Nations (Dealing with Assets) Regulations 2008.\n  (3) The application must state which kind of dealing the application is for.\n  Grant of permit\n  (4) 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 make a negative decision in relation to the application within 5 working days after the notice is given.\n  (5) 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  (6) If the application is for a contractual dealing, the Minister may grant the permit.\n  (7) If the application is for a required payment dealing, the Minister may grant the permit only after giving the Committee at least 10 working days’ notice.\n  (8) If the application is for an extraordinary expense dealing, the Minister:\n    (a) must give the Committee notice of the application; and\n    (b) may grant the permit only with the Committee’s approval.\n  (9) The permit must be:\n    (a) in writing; and\n    (b) given to the applicant.\n  (10) The permit is subject to any conditions specified in the permit.\n\n> Note: Section 13A of the Act deals with the invalidation of permissions etc. granted on the basis of false or misleading information or documents.\n\n## Part 3—Miscellaneous\n\n#### 8 Delegations by the Minister\n\n  (1) The Minister may delegate the Minister’s powers and functions under this instrument (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":5},{"sectionNumber":"Division 1","sectionType":"division","heading":"Sanctioned supplies and sanctioned services","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This is the Charter of the United Nations (Sanctions—South Sudan) Regulation 2015.\n\n#### 3 Authority\n\n  This instrument is made under the Charter of the United Nations Act 1945.\n\n#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) asset;\n    (b) UN sanction enforcement law.\n  In this instrument:\n\n> Act means the Charter of the United Nations Act 1945.\n\n> arms or related matériel includes:\n\n    (a) weapons; and\n    (b) ammunition; and\n    (c) military vehicles and equipment; and\n    (d) paramilitary equipment; and\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> authorised service has the meaning given by subsection 4D(6).\n\n> authorised supply has the meaning given by subsection 4B(6).\n\n> Committee means the Committee established under paragraph 16 of Resolution 2206.\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:\n\n    (a) designated by the Committee for the purposes of paragraph 12 of Resolution 2206; or\n    (b) to whom the measures mentioned in paragraph 12 of Resolution 2206 apply under a decision of the Security Council.\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> protective clothing includes flak jackets and military helmets.\n\n> Resolution 2206 means Resolution 2206 (2015) of the Security Council, adopted on 3 March 2015.\n\n> Resolution 2428 means Resolution 2428 (2018) of the Security Council, adopted on 13 July 2018.\n\n> sanctioned service:\n\n    (a) means the provision to South Sudan of technical assistance, training, financial or other assistance, related to:\n    (i) military activities; or\n    (ii) the provision, maintenance or use of any arms or related matériel; and\n    (b) includes the provision to South Sudan of armed mercenary personnel whether or not originating in Australia.\n\n> sanctioned supply has the meaning given by section 4A.\n\n#### 4A 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 arms or related matériel; and\n    (c) as a direct or indirect result of the supply, sale or transfer, the goods are transferred to South Sudan.\n\n## Part 2—UN sanction enforcement laws\n\n### Division 1—Sanctioned supplies and sanctioned services\n\n#### 4B Prohibitions relating to a sanctioned supply\n\n  (1) A person contravenes this subsection if:\n    (a) the person makes a sanctioned supply; and\n    (b) the sanctioned supply is not an authorised supply.\n  (2) For an offence under section 27 of the Act that relates to a contravention of subsection (1) by an individual, strict liability applies to the circumstance that the making of the sanctioned supply is not authorised by a permit under section 4C.\n  (3) 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 subsection (1).\n\n> Note: This subsection has the effect that the offence has extraterritorial operation.\n\n  (4) A person contravenes this subsection if, whether or not in Australia, and whether or not an Australian citizen:\n    (a) the person uses the services of an Australian ship or an Australian aircraft to transport arms or related matériel in the course of, or for the purpose of, making a sanctioned supply; and\n    (b) the sanctioned supply is not an authorised supply.\n  (5) A body corporate contravenes this subsection 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.\n  (6) An authorised supply is a sanctioned supply that is authorised by:\n    (a) a permit under section 4C; 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 a way that accords with the foreign country’s obligations under Resolution 2428 and any other relevant resolution.\n\nNote: Other relevant resolutions could in 2018 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 a contravention of subsection (1), (4) or (5) 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 a contravention of subsection (1), (4) or (5), a permit is taken not to have been properly granted for the purposes of 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 section is specified as a UN sanction enforcement law in the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.\n\n#### 4C Permit to make a sanctioned supply\n\n  (1) A person may apply, in writing, to the Minister for a permit to make a sanctioned supply.\n  (2) The Minister may grant the permit only if the sanctioned supply is one of the following:\n    (a) a sanctioned supply of arms or related matériel that is intended solely for the support of, or use by, a member of the personnel of the United Nations, including:\n    (i) a member of the personnel of the United Nations Mission in the Republic of South Sudan; and\n    (ii) a member of the personnel of the United Nations Interim Security Force for Abyei;\n    (b) a sanctioned supply of non‑lethal military equipment that:\n    (i) is intended solely for humanitarian or protective use; and\n    (ii) has been notified in advance to the Committee;\n    (c) a sanctioned supply of protective clothing that is to be temporarily exported to South Sudan 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 any of subparagraphs (i) to (iii);\n    (d) a sanctioned supply of arms or related matériel that:\n    (i) is to be temporarily exported to South Sudan by the forces of a State which is taking action, in accordance with international law, solely and directly to facilitate the protection or evacuation of its nationals and those for whom it has consular responsibility in South Sudan; and\n    (ii) has been notified to the Committee;\n    (e) a sanctioned supply of arms or related matériel that:\n    (i) is to be made to or in support of the African Union Regional Task Force; and\n    (ii) is intended solely for regional operations to counter the Lord’s Resistance Army; and\n    (iii) has been notified in advance to the Committee;\n    (f) a sanctioned supply of arms or related matériel that is to be made solely in support of the implementation of the terms of the peace agreement (within the meaning of Resolution 2428);\n    (g) another sanctioned supply that is a sale or supply of arms or related matériel that has been approved in advance by the Committee.\n  (3) The permit must be:\n    (a) in writing; and\n    (b) given to the applicant.\n  (4) The permit is subject to any conditions specified in the permit.\n\n> Note: Section 13A of the Act deals with the invalidation of permissions etc. granted on the basis of false or misleading information or documents.\n\n#### 4D Prohibitions relating to a sanctioned service\n\n  (1) A person contravenes this subsection if:\n    (a) the person provides a sanctioned service; and\n    (b) the sanctioned service is not an authorised service.\n  (2) For an offence under section 27 of the Act that relates to a contravention of subsection (1) by an individual, strict liability applies to the circumstance that the provision of the sanctioned service is not authorised by a permit under section 4E.\n  (3) 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 subsection (1).\n\n> Note: This subsection has the effect that the offence has extraterritorial operation.\n\n  (4) A person contravenes this subsection if, whether or not in Australia, and whether or not an Australian citizen:\n    (a) 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; and\n    (b) the sanctioned service is not an authorised service.\n  (5) A body corporate contravenes this subsection 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 provides a sanctioned service; and\n    (c) the sanctioned service is not an authorised service.\n  (6) An authorised service is a sanctioned service that is authorised by:\n    (a) a permit under section 4E; 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 a way that accords with the foreign country’s obligations under Resolution 2428 and any other relevant resolution.\n\nNote: Other relevant resolutions could in 2018 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 a contravention of subsection (1), (4) or (5) 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 a contravention of subsection (1), (4) or (5), a permit is taken not to have been properly granted for the purposes of 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 section is specified as a UN sanction enforcement law in the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.\n\n#### 4E Permit to provide a sanctioned service\n\n  (1) A person may apply, in writing, 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) training or assistance that is intended solely for the support of, or use by, a member of the personnel of the United Nations, including:\n    (i) a member of the personnel of the United Nations Mission in the Republic of South Sudan; and\n    (ii) a member of the personnel of the United Nations Interim Security Force for Abyei;\n    (b) technical assistance or training that:\n    (i) is related to a supply of non‑lethal military equipment intended solely for humanitarian or protective use; and\n    (ii) has been notified in advance to the Committee;\n    (c) technical training or assistance that:\n    (i) is to be provided to or in support of the African Union Regional Task Force; and\n    (ii) is intended solely for regional operations to counter the Lord’s Resistance Army; and\n    (iii) has been notified in advance to the Committee;\n    (d) technical training or assistance that is to be provided solely in support of the implementation of the terms of the peace agreement (within the meaning of Resolution 2428);\n    (e) the provision of other assistance or personnel that has been approved in advance by the Committee.\n  (3) The permit must be:\n    (a) in writing; and\n    (b) given to the applicant.\n  (4) The permit is subject to any conditions specified in the permit.\n\n> Note: Section 13A of the Act deals with the invalidation of permissions etc. granted on the basis of false or misleading information or documents.\n\n### Division 2—Sanctions relating to assets and controlled assets\n\n#### 5 Prohibition relating to dealings with designated persons or entities\n\n  (1) A person contravenes this subsection 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 section 7.\n  (2) For an offence under section 27 of the Act that relates to a contravention of subsection (1) by an individual, strict liability applies to the circumstance that the making available of the asset is not authorised by a permit under section 7.\n  (3) 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 subsection (1).\n\n> Note 1: Subsection (3) has the effect that the offence has extraterritorial operation.\n\n> Note 2: This section is specified as a UN sanction enforcement law in the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.\n\n#### 6 Prohibition relating to controlled assets\n\n  (1) A person contravenes this subsection if:\n    (a) the person holds a controlled asset; and\n    (b) the person:\n    (i) uses or deals with the asset; or\n    (ii) allows the asset to be used or dealt with; or\n    (iii) facilitates the use of, or the dealing with, the asset; and\n    (c) the use or dealing is not authorised by a permit under section 7.\n  (2) For an offence under section 27 of the Act that relates to a contravention of subsection (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 section 7.\n  (3) 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 subsection (1).\n\n> Note 1: Subsection (3) has the effect that the offence has extraterritorial operation.\n\n> Note 2: This section is specified as a UN sanction enforcement law in the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.\n\n#### 7 Permit for assets and controlled assets\n\n  Application for permit\n  (1) A person may apply, in writing, to the Minister for a permit authorising:\n    (a) the making available of an asset that would otherwise contravene subsection 5(1); or\n    (b) a use of, or dealing with, a controlled asset that would otherwise contravene subsection 6(1).\n  (2) The application must be for a basic expense dealing, a legally required dealing, a contractual dealing, a required payment dealing or an extraordinary expense dealing within the meaning of regulation 5 of the Charter of the United Nations (Dealing with Assets) Regulations 2008.\n  (3) The application must state which kind of dealing the application is for.\n  Grant of permit\n  (4) 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 make a negative decision in relation to the application within 5 working days after the notice is given.\n  (5) 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  (6) If the application is for a contractual dealing, the Minister may grant the permit.\n  (7) If the application is for a required payment dealing, the Minister may grant the permit only after giving the Committee at least 10 working days’ notice.\n  (8) If the application is for an extraordinary expense dealing, the Minister:\n    (a) must give the Committee notice of the application; and\n    (b) may grant the permit only with the Committee’s approval.\n  (9) The permit must be:\n    (a) in writing; and\n    (b) given to the applicant.\n  (10) The permit is subject to any conditions specified in the permit.\n\n> Note: Section 13A of the Act deals with the invalidation of permissions etc. granted on the basis of false or misleading information or documents.\n\n## Part 3—Miscellaneous\n\n#### 8 Delegations by the Minister\n\n  (1) The Minister may delegate the Minister’s powers and functions under this instrument (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":6},{"sectionNumber":"4B","sectionType":"section","heading":"Prohibitions relating to a sanctioned supply","content":"#### 4B Prohibitions relating to a sanctioned supply\n\n  (1) A person contravenes this subsection if:\n    (a) the person makes a sanctioned supply; and\n    (b) the sanctioned supply is not an authorised supply.\n  (2) For an offence under section 27 of the Act that relates to a contravention of subsection (1) by an individual, strict liability applies to the circumstance that the making of the sanctioned supply is not authorised by a permit under section 4C.\n  (3) 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 subsection (1).\n\n> Note: This subsection has the effect that the offence has extraterritorial operation.\n\n  (4) A person contravenes this subsection if, whether or not in Australia, and whether or not an Australian citizen:\n    (a) the person uses the services of an Australian ship or an Australian aircraft to transport arms or related matériel in the course of, or for the purpose of, making a sanctioned supply; and\n    (b) the sanctioned supply is not an authorised supply.\n  (5) A body corporate contravenes this subsection 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.\n  (6) An authorised supply is a sanctioned supply that is authorised by:\n    (a) a permit under section 4C; 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 a way that accords with the foreign country’s obligations under Resolution 2428 and any other relevant resolution.\n\nNote: Other relevant resolutions could in 2018 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 a contravention of subsection (1), (4) or (5) 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 a contravention of subsection (1), (4) or (5), a permit is taken not to have been properly granted for the purposes of 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 section is specified as a UN sanction enforcement law in the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.","sortOrder":7},{"sectionNumber":"4C","sectionType":"section","heading":"Permit to make a sanctioned supply","content":"#### 4C Permit to make a sanctioned supply\n\n  (1) A person may apply, in writing, to the Minister for a permit to make a sanctioned supply.\n  (2) The Minister may grant the permit only if the sanctioned supply is one of the following:\n    (a) a sanctioned supply of arms or related matériel that is intended solely for the support of, or use by, a member of the personnel of the United Nations, including:\n    (i) a member of the personnel of the United Nations Mission in the Republic of South Sudan; and\n    (ii) a member of the personnel of the United Nations Interim Security Force for Abyei;\n    (b) a sanctioned supply of non‑lethal military equipment that:\n    (i) is intended solely for humanitarian or protective use; and\n    (ii) has been notified in advance to the Committee;\n    (c) a sanctioned supply of protective clothing that is to be temporarily exported to South Sudan 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 any of subparagraphs (i) to (iii);\n    (d) a sanctioned supply of arms or related matériel that:\n    (i) is to be temporarily exported to South Sudan by the forces of a State which is taking action, in accordance with international law, solely and directly to facilitate the protection or evacuation of its nationals and those for whom it has consular responsibility in South Sudan; and\n    (ii) has been notified to the Committee;\n    (e) a sanctioned supply of arms or related matériel that:\n    (i) is to be made to or in support of the African Union Regional Task Force; and\n    (ii) is intended solely for regional operations to counter the Lord’s Resistance Army; and\n    (iii) has been notified in advance to the Committee;\n    (f) a sanctioned supply of arms or related matériel that is to be made solely in support of the implementation of the terms of the peace agreement (within the meaning of Resolution 2428);\n    (g) another sanctioned supply that is a sale or supply of arms or related matériel that has been approved in advance by the Committee.\n  (3) The permit must be:\n    (a) in writing; and\n    (b) given to the applicant.\n  (4) The permit is subject to any conditions specified in the permit.\n\n> Note: Section 13A of the Act deals with the invalidation of permissions etc. granted on the basis of false or misleading information or documents.","sortOrder":8},{"sectionNumber":"4D","sectionType":"section","heading":"Prohibitions relating to a sanctioned service","content":"#### 4D Prohibitions relating to a sanctioned service\n\n  (1) A person contravenes this subsection if:\n    (a) the person provides a sanctioned service; and\n    (b) the sanctioned service is not an authorised service.\n  (2) For an offence under section 27 of the Act that relates to a contravention of subsection (1) by an individual, strict liability applies to the circumstance that the provision of the sanctioned service is not authorised by a permit under section 4E.\n  (3) 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 subsection (1).\n\n> Note: This subsection has the effect that the offence has extraterritorial operation.\n\n  (4) A person contravenes this subsection if, whether or not in Australia, and whether or not an Australian citizen:\n    (a) 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; and\n    (b) the sanctioned service is not an authorised service.\n  (5) A body corporate contravenes this subsection 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 provides a sanctioned service; and\n    (c) the sanctioned service is not an authorised service.\n  (6) An authorised service is a sanctioned service that is authorised by:\n    (a) a permit under section 4E; 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 a way that accords with the foreign country’s obligations under Resolution 2428 and any other relevant resolution.\n\nNote: Other relevant resolutions could in 2018 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 a contravention of subsection (1), (4) or (5) 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 a contravention of subsection (1), (4) or (5), a permit is taken not to have been properly granted for the purposes of 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 section is specified as a UN sanction enforcement law in the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.","sortOrder":9},{"sectionNumber":"4E","sectionType":"section","heading":"Permit to provide a sanctioned service","content":"#### 4E Permit to provide a sanctioned service\n\n  (1) A person may apply, in writing, 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) training or assistance that is intended solely for the support of, or use by, a member of the personnel of the United Nations, including:\n    (i) a member of the personnel of the United Nations Mission in the Republic of South Sudan; and\n    (ii) a member of the personnel of the United Nations Interim Security Force for Abyei;\n    (b) technical assistance or training that:\n    (i) is related to a supply of non‑lethal military equipment intended solely for humanitarian or protective use; and\n    (ii) has been notified in advance to the Committee;\n    (c) technical training or assistance that:\n    (i) is to be provided to or in support of the African Union Regional Task Force; and\n    (ii) is intended solely for regional operations to counter the Lord’s Resistance Army; and\n    (iii) has been notified in advance to the Committee;\n    (d) technical training or assistance that is to be provided solely in support of the implementation of the terms of the peace agreement (within the meaning of Resolution 2428);\n    (e) the provision of other assistance or personnel that has been approved in advance by the Committee.\n  (3) The permit must be:\n    (a) in writing; and\n    (b) given to the applicant.\n  (4) The permit is subject to any conditions specified in the permit.\n\n> Note: Section 13A of the Act deals with the invalidation of permissions etc. granted on the basis of false or misleading information or documents.","sortOrder":10},{"sectionNumber":"Division 2","sectionType":"division","heading":"Sanctions relating to assets and controlled assets","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This is the Charter of the United Nations (Sanctions—South Sudan) Regulation 2015.\n\n#### 3 Authority\n\n  This instrument is made under the Charter of the United Nations Act 1945.\n\n#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) asset;\n    (b) UN sanction enforcement law.\n  In this instrument:\n\n> Act means the Charter of the United Nations Act 1945.\n\n> arms or related matériel includes:\n\n    (a) weapons; and\n    (b) ammunition; and\n    (c) military vehicles and equipment; and\n    (d) paramilitary equipment; and\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> authorised service has the meaning given by subsection 4D(6).\n\n> authorised supply has the meaning given by subsection 4B(6).\n\n> Committee means the Committee established under paragraph 16 of Resolution 2206.\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:\n\n    (a) designated by the Committee for the purposes of paragraph 12 of Resolution 2206; or\n    (b) to whom the measures mentioned in paragraph 12 of Resolution 2206 apply under a decision of the Security Council.\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> protective clothing includes flak jackets and military helmets.\n\n> Resolution 2206 means Resolution 2206 (2015) of the Security Council, adopted on 3 March 2015.\n\n> Resolution 2428 means Resolution 2428 (2018) of the Security Council, adopted on 13 July 2018.\n\n> sanctioned service:\n\n    (a) means the provision to South Sudan of technical assistance, training, financial or other assistance, related to:\n    (i) military activities; or\n    (ii) the provision, maintenance or use of any arms or related matériel; and\n    (b) includes the provision to South Sudan of armed mercenary personnel whether or not originating in Australia.\n\n> sanctioned supply has the meaning given by section 4A.\n\n#### 4A 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 arms or related matériel; and\n    (c) as a direct or indirect result of the supply, sale or transfer, the goods are transferred to South Sudan.\n\n## Part 2—UN sanction enforcement laws\n\n### Division 1—Sanctioned supplies and sanctioned services\n\n#### 4B Prohibitions relating to a sanctioned supply\n\n  (1) A person contravenes this subsection if:\n    (a) the person makes a sanctioned supply; and\n    (b) the sanctioned supply is not an authorised supply.\n  (2) For an offence under section 27 of the Act that relates to a contravention of subsection (1) by an individual, strict liability applies to the circumstance that the making of the sanctioned supply is not authorised by a permit under section 4C.\n  (3) 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 subsection (1).\n\n> Note: This subsection has the effect that the offence has extraterritorial operation.\n\n  (4) A person contravenes this subsection if, whether or not in Australia, and whether or not an Australian citizen:\n    (a) the person uses the services of an Australian ship or an Australian aircraft to transport arms or related matériel in the course of, or for the purpose of, making a sanctioned supply; and\n    (b) the sanctioned supply is not an authorised supply.\n  (5) A body corporate contravenes this subsection 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.\n  (6) An authorised supply is a sanctioned supply that is authorised by:\n    (a) a permit under section 4C; 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 a way that accords with the foreign country’s obligations under Resolution 2428 and any other relevant resolution.\n\nNote: Other relevant resolutions could in 2018 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 a contravention of subsection (1), (4) or (5) 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 a contravention of subsection (1), (4) or (5), a permit is taken not to have been properly granted for the purposes of 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 section is specified as a UN sanction enforcement law in the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.\n\n#### 4C Permit to make a sanctioned supply\n\n  (1) A person may apply, in writing, to the Minister for a permit to make a sanctioned supply.\n  (2) The Minister may grant the permit only if the sanctioned supply is one of the following:\n    (a) a sanctioned supply of arms or related matériel that is intended solely for the support of, or use by, a member of the personnel of the United Nations, including:\n    (i) a member of the personnel of the United Nations Mission in the Republic of South Sudan; and\n    (ii) a member of the personnel of the United Nations Interim Security Force for Abyei;\n    (b) a sanctioned supply of non‑lethal military equipment that:\n    (i) is intended solely for humanitarian or protective use; and\n    (ii) has been notified in advance to the Committee;\n    (c) a sanctioned supply of protective clothing that is to be temporarily exported to South Sudan 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 any of subparagraphs (i) to (iii);\n    (d) a sanctioned supply of arms or related matériel that:\n    (i) is to be temporarily exported to South Sudan by the forces of a State which is taking action, in accordance with international law, solely and directly to facilitate the protection or evacuation of its nationals and those for whom it has consular responsibility in South Sudan; and\n    (ii) has been notified to the Committee;\n    (e) a sanctioned supply of arms or related matériel that:\n    (i) is to be made to or in support of the African Union Regional Task Force; and\n    (ii) is intended solely for regional operations to counter the Lord’s Resistance Army; and\n    (iii) has been notified in advance to the Committee;\n    (f) a sanctioned supply of arms or related matériel that is to be made solely in support of the implementation of the terms of the peace agreement (within the meaning of Resolution 2428);\n    (g) another sanctioned supply that is a sale or supply of arms or related matériel that has been approved in advance by the Committee.\n  (3) The permit must be:\n    (a) in writing; and\n    (b) given to the applicant.\n  (4) The permit is subject to any conditions specified in the permit.\n\n> Note: Section 13A of the Act deals with the invalidation of permissions etc. granted on the basis of false or misleading information or documents.\n\n#### 4D Prohibitions relating to a sanctioned service\n\n  (1) A person contravenes this subsection if:\n    (a) the person provides a sanctioned service; and\n    (b) the sanctioned service is not an authorised service.\n  (2) For an offence under section 27 of the Act that relates to a contravention of subsection (1) by an individual, strict liability applies to the circumstance that the provision of the sanctioned service is not authorised by a permit under section 4E.\n  (3) 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 subsection (1).\n\n> Note: This subsection has the effect that the offence has extraterritorial operation.\n\n  (4) A person contravenes this subsection if, whether or not in Australia, and whether or not an Australian citizen:\n    (a) 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; and\n    (b) the sanctioned service is not an authorised service.\n  (5) A body corporate contravenes this subsection 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 provides a sanctioned service; and\n    (c) the sanctioned service is not an authorised service.\n  (6) An authorised service is a sanctioned service that is authorised by:\n    (a) a permit under section 4E; 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 a way that accords with the foreign country’s obligations under Resolution 2428 and any other relevant resolution.\n\nNote: Other relevant resolutions could in 2018 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 a contravention of subsection (1), (4) or (5) 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 a contravention of subsection (1), (4) or (5), a permit is taken not to have been properly granted for the purposes of 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 section is specified as a UN sanction enforcement law in the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.\n\n#### 4E Permit to provide a sanctioned service\n\n  (1) A person may apply, in writing, 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) training or assistance that is intended solely for the support of, or use by, a member of the personnel of the United Nations, including:\n    (i) a member of the personnel of the United Nations Mission in the Republic of South Sudan; and\n    (ii) a member of the personnel of the United Nations Interim Security Force for Abyei;\n    (b) technical assistance or training that:\n    (i) is related to a supply of non‑lethal military equipment intended solely for humanitarian or protective use; and\n    (ii) has been notified in advance to the Committee;\n    (c) technical training or assistance that:\n    (i) is to be provided to or in support of the African Union Regional Task Force; and\n    (ii) is intended solely for regional operations to counter the Lord’s Resistance Army; and\n    (iii) has been notified in advance to the Committee;\n    (d) technical training or assistance that is to be provided solely in support of the implementation of the terms of the peace agreement (within the meaning of Resolution 2428);\n    (e) the provision of other assistance or personnel that has been approved in advance by the Committee.\n  (3) The permit must be:\n    (a) in writing; and\n    (b) given to the applicant.\n  (4) The permit is subject to any conditions specified in the permit.\n\n> Note: Section 13A of the Act deals with the invalidation of permissions etc. granted on the basis of false or misleading information or documents.\n\n### Division 2—Sanctions relating to assets and controlled assets\n\n#### 5 Prohibition relating to dealings with designated persons or entities\n\n  (1) A person contravenes this subsection 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 section 7.\n  (2) For an offence under section 27 of the Act that relates to a contravention of subsection (1) by an individual, strict liability applies to the circumstance that the making available of the asset is not authorised by a permit under section 7.\n  (3) 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 subsection (1).\n\n> Note 1: Subsection (3) has the effect that the offence has extraterritorial operation.\n\n> Note 2: This section is specified as a UN sanction enforcement law in the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.\n\n#### 6 Prohibition relating to controlled assets\n\n  (1) A person contravenes this subsection if:\n    (a) the person holds a controlled asset; and\n    (b) the person:\n    (i) uses or deals with the asset; or\n    (ii) allows the asset to be used or dealt with; or\n    (iii) facilitates the use of, or the dealing with, the asset; and\n    (c) the use or dealing is not authorised by a permit under section 7.\n  (2) For an offence under section 27 of the Act that relates to a contravention of subsection (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 section 7.\n  (3) 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 subsection (1).\n\n> Note 1: Subsection (3) has the effect that the offence has extraterritorial operation.\n\n> Note 2: This section is specified as a UN sanction enforcement law in the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.\n\n#### 7 Permit for assets and controlled assets\n\n  Application for permit\n  (1) A person may apply, in writing, to the Minister for a permit authorising:\n    (a) the making available of an asset that would otherwise contravene subsection 5(1); or\n    (b) a use of, or dealing with, a controlled asset that would otherwise contravene subsection 6(1).\n  (2) The application must be for a basic expense dealing, a legally required dealing, a contractual dealing, a required payment dealing or an extraordinary expense dealing within the meaning of regulation 5 of the Charter of the United Nations (Dealing with Assets) Regulations 2008.\n  (3) The application must state which kind of dealing the application is for.\n  Grant of permit\n  (4) 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 make a negative decision in relation to the application within 5 working days after the notice is given.\n  (5) 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  (6) If the application is for a contractual dealing, the Minister may grant the permit.\n  (7) If the application is for a required payment dealing, the Minister may grant the permit only after giving the Committee at least 10 working days’ notice.\n  (8) If the application is for an extraordinary expense dealing, the Minister:\n    (a) must give the Committee notice of the application; and\n    (b) may grant the permit only with the Committee’s approval.\n  (9) The permit must be:\n    (a) in writing; and\n    (b) given to the applicant.\n  (10) The permit is subject to any conditions specified in the permit.\n\n> Note: Section 13A of the Act deals with the invalidation of permissions etc. granted on the basis of false or misleading information or documents.\n\n## Part 3—Miscellaneous\n\n#### 8 Delegations by the Minister\n\n  (1) The Minister may delegate the Minister’s powers and functions under this instrument (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":11},{"sectionNumber":"5","sectionType":"section","heading":"Prohibition relating to dealings with designated persons or entities","content":"#### 5 Prohibition relating to dealings with designated persons or entities\n\n  (1) A person contravenes this subsection 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 section 7.\n  (2) For an offence under section 27 of the Act that relates to a contravention of subsection (1) by an individual, strict liability applies to the circumstance that the making available of the asset is not authorised by a permit under section 7.\n  (3) 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 subsection (1).\n\n> Note 1: Subsection (3) has the effect that the offence has extraterritorial operation.\n\n> Note 2: This section is specified as a UN sanction enforcement law in the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.","sortOrder":12},{"sectionNumber":"6","sectionType":"section","heading":"Prohibition relating to controlled assets","content":"#### 6 Prohibition relating to controlled assets\n\n  (1) A person contravenes this subsection if:\n    (a) the person holds a controlled asset; and\n    (b) the person:\n    (i) uses or deals with the asset; or\n    (ii) allows the asset to be used or dealt with; or\n    (iii) facilitates the use of, or the dealing with, the asset; and\n    (c) the use or dealing is not authorised by a permit under section 7.\n  (2) For an offence under section 27 of the Act that relates to a contravention of subsection (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 section 7.\n  (3) 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 subsection (1).\n\n> Note 1: Subsection (3) has the effect that the offence has extraterritorial operation.\n\n> Note 2: This section is specified as a UN sanction enforcement law in the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.","sortOrder":13},{"sectionNumber":"7","sectionType":"section","heading":"Permit for assets and controlled assets","content":"#### 7 Permit for assets and controlled assets\n\n  Application for permit\n  (1) A person may apply, in writing, to the Minister for a permit authorising:\n    (a) the making available of an asset that would otherwise contravene subsection 5(1); or\n    (b) a use of, or dealing with, a controlled asset that would otherwise contravene subsection 6(1).\n  (2) The application must be for a basic expense dealing, a legally required dealing, a contractual dealing, a required payment dealing or an extraordinary expense dealing within the meaning of regulation 5 of the Charter of the United Nations (Dealing with Assets) Regulations 2008.\n  (3) The application must state which kind of dealing the application is for.\n  Grant of permit\n  (4) 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 make a negative decision in relation to the application within 5 working days after the notice is given.\n  (5) 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  (6) If the application is for a contractual dealing, the Minister may grant the permit.\n  (7) If the application is for a required payment dealing, the Minister may grant the permit only after giving the Committee at least 10 working days’ notice.\n  (8) If the application is for an extraordinary expense dealing, the Minister:\n    (a) must give the Committee notice of the application; and\n    (b) may grant the permit only with the Committee’s approval.\n  (9) The permit must be:\n    (a) in writing; and\n    (b) given to the applicant.\n  (10) The permit is subject to any conditions specified in the permit.\n\n> Note: Section 13A of the Act deals with the invalidation of permissions etc. granted on the basis of false or misleading information or documents.","sortOrder":14},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"## Part 3—Miscellaneous","sortOrder":15},{"sectionNumber":"8","sectionType":"section","heading":"Delegations by the Minister","content":"#### 8 Delegations by the Minister\n\n  (1) The Minister may delegate the Minister’s powers and functions under this instrument (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":16}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The instrument translates the measures identified in UN Security Council Resolutions (notably Resolutions 2206 and 2428) into domestic prohibitions and permit mechanisms. The text shows no internal indication that it expands or contracts the UN measures beyond those resolutions; it implements sanctions with added procedural detail (permit categories, notice/approval steps and extraterritorial application) consistent with enforcing the specified UNSC measures."},"complexity_factors":["Interlocking permit regimes across different activities (sanctioned supplies, sanctioned services, assets/controlled assets) with distinct tests and conditions (see ss 4B–4E, 5–7).","Extraterritorial reach: offences and extended jurisdiction apply to conduct outside Australia and to use of Australian ships/aircraft (see ss 4B(3),(4); 4D(3),(4); 5(3); 6(3)).","Strict liability on the absence of authorisation for individual offenders (see ss 4B(2); 4D(2); 5(2); 6(2)), increasing prosecution risk even where mens rea is limited.","Evidential burden on defendants to prove foreign permits (or related matters) in some cases (see ss 4B(7); 4D(7)).","Administrative interaction with the UN Committee and foreign permit systems—notice periods, Committee negative decisions, and required approvals constrain ministerial discretion (see ss 4C(2)(b), 4C(2)(g), 7(4)–(8)).","Broad and technical definitions (eg. 'arms or related matériel', 'controlled asset', 'designated person or entity') that affect scope and compliance obligations (see s 4 and s 4A).","Corporate liability exposure through 'effective control' rules covering overseas subsidiaries and controlled entities (see ss 4B(5); 4D(5)).","Potential for permit invalidation and criminalisation where permits are granted on false or corrupt information (see ss 4B(8); 4D(8); notes re s 13A of the Act)."],"plain_english_summary":"This regulation gives domestic effect to UN Security Council sanctions on South Sudan by criminalising the supply of arms, related services, and dealings with assets linked to designated persons or entities unless authorised. It applies to individuals and companies, to use of Australian ships and aircraft, and to conduct outside Australia.\n\nThe Minister issues written permits (often subject to Committee notice or approval); strict‑liability and evidential‑burden rules apply and permits can be invalidated for false information. Exporters, service providers and asset‑holders must obtain authorisation or face criminal liability."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of implementing UN sanctions against South Sudan. While it incorporates amendments reflecting updated UN resolutions (notably Resolution 2428 from 2018 regarding the peace agreement), the scope has not expanded beyond the original intent of enforcing arms embargoes, travel bans, and asset freezes related to the South Sudan conflict."},"complexity_factors":["Extensive cross-referencing to external instruments: relies on UN Security Council Resolutions 2206 and 2428, the Charter of the United Nations Act 1945, the Criminal Code, and the Charter of the United Nations (Dealing with Assets) Regulations 2008","Multiple layers of defined terms: 15+ defined terms in section 4, with several terms defined by reference to other sections (e.g., 'authorised supply' defined in 4B(6), 'sanctioned supply' defined in 4A)","Conditional permit schemes with varying thresholds: sections 4C and 4E contain 7 and 5 different categories of permitted supplies/services respectively, each with distinct notification or approval requirements","Extraterritorial application: offences apply regardless of whether conduct occurs in Australia or whether the person is an Australian citizen (sections 4B(3), 4D(3), 5(3), 6(3))","Corporate liability through 'effective control' test: body corporates liable for actions of entities they control, regardless of where those entities are incorporated (sections 4B(5), 4D(5))","Strict liability elements: specific circumstances attract strict liability (no need to prove intent) for individual offenders (sections 4B(2), 4D(2), 5(2), 6(2))","Evidential burdens on defendants: defendants must prove certain matters regarding foreign permits (sections 4B(7), 4D(7))","Nested permit requirements for asset dealings: section 7 references five different categories of 'dealings' defined in separate regulations, each with different procedural requirements (5-day notice, 10-day notice, Committee approval, etc.)"],"plain_english_summary":"This law implements UN sanctions on South Sudan into Australian law, making it unlawful for Australians, people in Australia, Australian companies (and their foreign subsidiaries), or users of Australian ships or aircraft to supply arms or military support to South Sudan or to deal with assets of UN-designated individuals and entities. It includes permit-based exceptions for narrowly defined humanitarian, UN, and peace-implementation needs. The measures aim to halt arms flows, freeze resources of conflict spoilers, and support international efforts to protect civilians and promote peace."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/charter-of-the-united-nations-sanctions-south-sudan-regulation-2015","history":"/api/acts/charter-of-the-united-nations-sanctions-south-sudan-regulation-2015/history","analysis":"/api/acts/charter-of-the-united-nations-sanctions-south-sudan-regulation-2015/analysis","conflicts":"/api/acts/charter-of-the-united-nations-sanctions-south-sudan-regulation-2015/conflicts","importantCases":"/api/acts/charter-of-the-united-nations-sanctions-south-sudan-regulation-2015/important-cases","documents":"/api/acts/charter-of-the-united-nations-sanctions-south-sudan-regulation-2015/documents"}}