Customs Act 1901

PART XIII - PENAL PROVISIONS  

Division 2 - Penalties  

SECTION 233BABAA   UN-SANCTIONED GOODS  

233BABAA(1)   [ Prescribed specified goods]  

The regulations may prescribe specified goods as UN-sanctioned goods.

233BABAA(2)   [ Provisions in regulations ]  

Regulations made for the purposes of subsection (1) may provide that specified goods are only UN-sanctioned goods if:

(a) they are imported from, or exported to, a specified place; or

(b) the origin, or the final destination, of the goods is a specified place; or

(c) other specified circumstances apply in relation to the goods.

233BABAA(3)   Requirements for prescribed goods]  

The regulations must not prescribe goods for the purposes of subsection (1) unless:

(a) either:

(i) the importation of the goods is prohibited, either absolutely or on condition, by the Customs (Prohibited Imports) Regulations 1956 ; or

(ii) the exportation of the goods is prohibited, either absolutely or on condition, by the Customs (Prohibited Exports) Regulations 1958 ; and

(b) the regulation under which that importation or exportation is prohibited gives effect to a decision that:

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

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

in so far as that decision requires Australia to apply measures not involving the use of armed force.

Note:

Article 39 and 41 of the Charter provide for the Security Council to decide what measures not involving the use of armed force are to be taken to maintain or restore international peace and security.

233BABAA(4)   [ Regulation giving effect to decision]  

For the purposes of paragraph (3)(b), a regulation may be taken to give effect to a decision:

(a) whether or not it is made for the sole purpose of giving effect to the decision; and

(b) whether or not it has any effect in addition to giving effect to the decision.