Commonwealth Numbered Regulations Commonwealth Numbered Regulations
Charter of the United Nations (Sanctions--Yemen) Regulation 2014
Insert:
arms or related matériel includes the following:
(a) weapons;
(b) ammunition;
(c) military vehicles and equipment;
(d) paramilitary equipment;
(e) spare parts for the things mentioned in paragraphs (a) to (d).
"Australian aircraft has the same meaning as in the Criminal Code" .
"Australian ship has the same meaning as in the Criminal Code" .
2 Section 4 (definition of designated person or entity )
Repeal the definition, substitute:
"designated person or entity " means a person or entity:
(a) designated by the Committee for paragraph 11 of Resolution 2140; or
(b) that the Security Council decides is subject to the measures imposed by paragraph 11 of Resolution 2140.
Insert:
"export sanctioned goods " has the meaning given by section 4A.
paragraph 14 person or entity means a person or entity:
(a) named in paragraph 14 of Resolution 2216; or
(b) listed in the annex of Resolution 2216; or
(c) designated by the Committee in accordance with paragraph 20(d) of Resolution 2216; or
(d) acting on behalf of, or at the direction of, in Yemen, a person or entity mentioned in paragraph (a), (b) or (c).
"paramilitary equipment " means any of the following:
(a) batons, clubs, riot sticks or similar devices of a kind used for law enforcement purposes;
(b) body armour, including:
(i) bullet-resistant apparel; and
(ii) bullet-resistant pads; and
(iii) protective helmets;
(c) handcuffs, leg-irons or other devices used for restraining prisoners;
(d) riot protection shields;
(e) whips.
Resolution 2216 means Resolution 2216 (2015) of the Security Council, adopted on 14 April 2015.
"sanctioned service " has the meaning given by section 4B.
"sanctioned supply " has the meaning given by section 4C.
4 At the end of Part 1
Add:
4A Definition of export sanctioned goods
Export sanctioned goods means arms or related matériel.
4B Definition of sanctioned service
Sanctioned service :
(a) means the provision to a paragraph 14 person or entity of technical assistance, training, financial or other assistance, related to:
(i) military activities; or
(ii) the provision, maintenance or use of any arms or related matériel; and
(b) includes the provision to a paragraph 14 person or entity of armed mercenary personnel whether or not originating in Australia.
4C Definition of sanctioned supply
A person makes a sanctioned supply if:
(a) the person supplies, sells or transfers goods to another person; and
(b) the goods are export sanctioned goods; and
(c) as a direct or indirect result of the supply, sale or transfer, the goods are transferred to, or for the benefit of, a paragraph 14 person or entity.
5 Before section 5
Insert:
4D Prohibitions relating to a sanctioned supply
(1) A person contravenes this subsection if the person makes a sanctioned supply.
(2) A person contravenes this subsection 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 export sanctioned goods in the course of, or for the purpose of, making a sanctioned supply.
(3) A body corporate contravenes this subsection if:
(a) the body corporate has effective control over the actions of another body corporate or entity, wherever incorporated or situated; and
(b) the other body corporate or entity makes a sanctioned supply.
(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 subsection (1).
Note 1: Subsection (4) has the effect that the offence has extraterritorial operation.
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.
4E Prohibitions relating to a sanctioned service
(1) A person contravenes this subsection if the person provides a sanctioned service.
(2) A person contravenes this subsection 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 in the course of, or for the purpose of, providing a sanctioned service.
(3) A body corporate contravenes this subsection if:
(a) the body corporate has effective control over the actions of another body corporate or entity, wherever incorporated or situated; and
(b) the other body corporate or entity provides a sanctioned service.
(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 subsection (1).
Note 1: Subsection (4) has the effect that the offence has extraterritorial operation.
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.