Explanatory Statement

Issued by the Authority of the Minister for Foreign Affairs

Charter of the United Nations Legislation Amendment (Sanctions) Regulations 2026

Charter of the United Nations Act 1945 and Customs Act 1901

The Charter of the United Nations Act 1945 ( the COTUNA ) provides legislative approval for the Charter of the United Nations ( the Charter ) in Australian law. Section 6 of the COTUNA provides that the Governor-General may make regulations to give effect to decisions of the United Nations Security Council ( the UNSC ) under Chapter VII of the Charter that Australia is required to carry out under Article 25 of the Charter in so far as those decisions require Australia to apply measures not involving the use of armed force.

The Customs Act 1901 ( the Customs Act ) concerns customs-related functions. It is the legislative authority that sets out the customs requirements for the importation to and exportation from Australia. Subsection 270(1) of the Customs Act provides that the Governor-General may make regulations not inconsistent with the Act prescribing all matters, which are required or permitted to be prescribed or as may be necessary or convenient to be prescribed for giving effect to the Customs Act.

Subsection 50(1) of the Customs Act provides that the Governor-General may, by regulation, prohibit the importation of goods into Australia. Subsection 112(1) of the Customs Act provides that the Governor-General may, by regulation, prohibit the exportation of goods from Australia.

Section 233BABAA of the Customs Act provides that the regulations may prescribe specified goods as UN-sanctioned goods where, among other things, the goods are prescribed as prohibited by the Customs (Prohibited Imports) Regulations 1956 ( the Prohibited Imports Regulations ) or the Customs (Prohibited Exports) Regulations 1958 ( the Prohibited Exports Regulations ). UN-sanctioned goods are subject to special offences in section 233BABAB and section 233BABAC of the Customs Act.

The purpose of the Charter of the United Nations Legislation Amendment (Sanctions) Regulations 2026 ( the Regulations ) is to amend regulations made under the COTUNA and the Customs Act to give effect to UNSC resolutions relating to sanctions that Australia is required to carry out under Article 25 of the Charter and have not previously been implemented under Australian domestic law.

The Regulations, amongst other things:

•

update the arms embargo under the Charter of the United Nations (Sanctions – Central African Republic) Regulation 2014, the Charter of the United Nations (Sanctions – Democratic Republic of the Congo) Regulations 2008, the Charter of the United Nations (Sanctions – Iraq) Regulations 2008, the Charter of the United Nations (Sanctions – Somalia) Regulations 2008, the Charter of the United Nations (Sanctions – South Sudan) Regulation 2015 and the Charter of the United Nations (Sanctions – Yemen) Regulation 2014;

•

update the scope of targeted financial sanctions under the Charter of the United Nations (Sanctions – Lebanon) Regulations 2008, the Charter of the United Nations (Sanctions – Sudan) Regulations 2008 and the Charter of the United Nations (Sanctions–the Taliban) Regulation 2013;

•

update the scope of sanctioned services under the Charter of the United Nations (Sanctions – Lebanon) Regulations 2008 and the Charter of the United Nations (Sanctions – Libya) Regulations 2011;

•

update the Charter of the United Nations (Sanctions – Libya) Regulations 2011 to include a ban on port calls;

•

repeal the Charter of the United Nations (Sanctions – Mali) Regulations 2018 which expired on 31 August 2023; and

•

update references to UNSC resolutions in regulations made under the COTUNA to account for designations made under, or permits granted in accordance with future resolutions made for related purposes.

The Regulations also amend:

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the Prohibited Exports Regulations to update the list of goods the exportation of which is prohibited by relevant UNSC resolutions under the Customs Act;

•

the Prohibited Imports Regulations to update the list of goods the importation of which is prohibited by relevant UNSC resolutions under the Customs Act; and

•

the Customs (International Obligations) Regulation 2015 ( the Customs International Obligations Regulations ) to update the list of UN-sanctioned goods for the purposes of section 233BABAA of the Customs Act.

Details of the Regulations are set out at Attachment A .

No public consultation was undertaken in relation to the Regulations under section 17 of the Legislation Act 2003 ( the Legislation Act ) as it is intended to give effect to, and continue to implement, Australia's ongoing obligations under international law. Having regard to those obligations, consultation about the Regulations was considered not to be appropriate or reasonably practicable to undertake in the circumstances. The Department of Foreign Affairs and Trade conducts regular outreach to the Australian business community to explain Australian sanctions laws implementing UNSC sanctions. The Department of Home Affairs and the Minister for Home Affairs were consulted on changes to regulations made under the Customs Act, and the Minister for Home Affairs has approved the changes.

Section 48A of the Legislation Act operates to automatically repeal a legislative instrument that has the sole purpose of amending or repealing another instrument. As this is the purpose of the Regulations, the Regulations will be automatically repealed by operation of section 48A and the sunsetting framework under Part 4 of the Legislation Act will not be engaged.

The regulations made under the COTUNA and the Customs International Obligations Regulations are exempt from sunsetting under paragraph 54(2)(b) of the Legislation Act because table item 1 of section 11 of the Legislation (Exemptions and Other Matters) Regulation 2015 applies. This is because the primary purpose of the regulations made under the COTUNA is to give effect to Australia's international obligations arising from decisions of the UNSC that Article 25 of the Charter requires Australia to carry out. The primary purpose of the Customs International Obligations Regulations is also to give effect to Australia's international obligations.

The Prohibited Exports Regulations and the Prohibited Imports Regulations are also exempt from sunsetting by operation of item 21 of the table under section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015. This item relevantly provides that a regulation made solely for the purposes of section 50 or 112 of the Customs Act is exempt from sunsetting for the purposes of paragraph 54(2)(b) of the Legislation Act.

Sections 50 and 112 of the Customs Act provide for the making of regulations in relation to prohibited exports and prohibited imports. The majority of regulations made under these sections are exempt from sunsetting because they relate to intergovernmental schemes or have the sole or primary purpose of giving effect to an international obligation of Australia. Subjecting these regulations to sunsetting may conflict with Australia's international obligations and with ongoing intergovernmental arrangements.

A Statement of Compatibility with Human Rights of the Regulations prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is set out at Attachment B .

Attachment A

Details of the Charter of the United Nations Legislation Amendment (Sanctions) Regulations 2026

Section 1 - Name

This section provides that the name of the instrument is the Charter of the United Nations Legislation Amendment (Sanctions) Regulations 2026 ( the Regulations ).

Section 2 - Commencement

This section provides that the instrument commences the day after the Regulations are registered.

Section 3 - Authority

This section provides that the Regulations are made under the Charter of the United Nations Act 1945 ( the COTUNA ) and the Customs Act 1901 ( the Customs Act ).

Section 4 - Schedules

This section provides that each instrument that is specified in a Schedule to the Regulations is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the Regulations has effect according to its terms.

Schedule 1 – Main amendments

Part 1 – Main amendments

Charter of the United Nations (Dealing with Assets) Regulations 2008

Item 1 - Regulation 4 (after the heading)

This item inserts a note after the heading at regulation 4 indicating that a number of expressions used in the Regulations are defined in the COTUNA, including "asset".

Item 2 - Regulation 4

This item inserts a definition of "freezable asset" and "proscribed person or entity" in regulation 4. These words and expressions have the same meaning as in Part 4 of the COTUNA.

Item 3 - Regulation 4 (paragraph (a) of the definition of Sanctions Regulations)

This item updates the definition of "Sanctions Regulations" in paragraph (a) to refer to the Charter of the United Nations (Sanctions—Al-Shabaab) Regulations 2008.

This item reflects a name change made by item 56 of Schedule 1.

This item also ensures the list of regulations are arranged in alphabetical order.

Item 4 - Regulation 4 (after paragraph (g) of the definition of Sanctions Regulations)

This item inserts the Charter of the United Nations (Sanctions—ISIL (Da'esh) and Al-Qaida) Regulations 2008 as paragraph (ga) to the definition of "Sanctions Regulations".

This item also ensures the list of regulations are arranged in alphabetical order.

Item 5 - Regulation 4 (paragraphs (j) and (k) of the definition of Sanctions Regulations)

This item repeals paragraphs (j) and (k) to the definition of "Sanctions Regulations".

This item reflects the repeal of the Charter of the United Nations (Sanctions—Mali) Regulations 2018 in item 192 of Schedule 1.

Item 6 - Regulation 4 (note)

This item repeals the note to the definition in regulation 4.

Charter of the United Nations (Sanctions—Central African Republic) Regulation 2014

Item 7 - Section 4 (after the heading)

This item inserts a note after the heading at section 4 indicating that a number of expressions are defined in the COTUNA, including "asset".

Item 8 - Section 4 (definition of Committee)

This item updates the definition of "Committee" at section 4 to reflect that the relevant Sanctions Committee responsible for the Central African Republic is the Committee pursuant to Resolution 2745 (2024).

Item 9 - Section 4 (definition of designated person or entity)

This item repeals and replaces the definition of "designated person or entity" at section 4. The new definition of "designated person or entity" will mean persons or entities that the Committee designates for the purposes of paragraph 32 of Resolution 2134 (2014) or the Security Council or the Committee decides are subject to the asset freeze measures relating to the Central African Republic. This is to account for future resolutions that may expand on or modify the asset freeze measures as mentioned in paragraph 32 of Resolution 2134 (2014), not just extending its operation.

Item 10 - Section 4

This item repeals definitions that are no longer used due to changes to the arms embargo to the Central African Republic, due to item 12 of Schedule 1.

Item 11 - Sections 6 and 7

This item repeals and replaces the definition of "sanctioned service" and "sanctioned supply", as a result of changes to the arms embargo to the Central African Republic.

New subsection 6(1) provides that a sanctioned service is the provision to groups or individuals referred to in subsection 6(2), of assistance or training referred to in subsection 6(3).

New subsection 6(2) refers to armed groups or associated individuals operating in the Central African Republic, other than the Government of the Central African Republic or an official of the Government of the Central African Republic.

New subsection 6(3) refers to technical assistance, training, financial or other assistance, related to military activities or the provision, maintenance of any export sanctioned goods.

New section 7 provides that a person makes a sanctioned supply if the person supplies, sells or transfers export sanctioned goods to another person, where as a direct or indirect result of the supply, sale or transfer, the goods are transferred to an armed group or an associated individual operating in the Central African Republic, other than the Government of the Central African Republic or an official of the Government of the Central African Republic.

Item 12 - Division 1 of Part 2

This item repeals and replaces the arms embargo to the Central African Republic at Division 1 of Part 2, as required by paragraphs 1 and 2 of Resolution 2745 (2024).

New subsection 8(1) provides that a person contravenes the subsection if the person makes a sanctioned supply, as defined in new section 7.

New subsection 8(2) provides that new section 11D applies to subsection 8(1). New section 11D provides for extraterritorial effect beyond application to offences, as permitted by section 7 of the COTUNA.

New subsection 8(3) provides that a person, whether or not in Australia or an Australian citizen, contravenes the subsection if the person 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.

New subsection 10(1) provides that a person contravenes the subsection if the person provisions a sanctioned service, as defined in new section 6.

New subsection 10(2) provides that new section 11D applies to subsection 10(1). New section 11D provides for extraterritorial effect beyond application to offences, as permitted by section 7 of the COTUNA.

New subsection 10(3) provides that a person, whether or not in Australia or an Australian citizen, contravenes the subsection if 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.

Item 13 - Sections 11A and 11B

This item repeals and replaces sections 11A and 11B.

Subsection 11A(1) is replicated, subject to technical updates.

New subsection 11A(2) provides that new section 11D applies to subsection 11A(1). New section 11D provides for extraterritorial effect beyond application to offences, as permitted by section 7 of the COTUNA.

Subsection 11B(1) is replicated, subject to technical updates.

New subsection 11B(2) provides that new section 11D applies to subsection 11B(1). New section 11D provides for extraterritorial effect beyond application to offences, as permitted by section 7 of the COTUNA.

Item 14 - At the end of Part 2

This item inserts new section 11D, which provides for extraterritorial effect of provisions as permitted by section 7 of the COTUNA.

Paragraphs 11D(1)(a) and 11D(1)(b) provide that conduct does not contravene a provision to which section 11D applies unless the conduct, or result of the conduct occurs wholly or partly in Australia, or wholly or partly on board an Australian aircraft or an Australian ship.

Paragraph 11D(1)(c) provides that conduct does not contravene a provision to which section 11D applies unless the conduct occurs wholly outside Australia and at the time of the alleged contravention, the person who engages in the conduct is an Australian citizen or a body corporate incorporated by or under a law of the Commonwealth, a State or a Territory.

Subsection 11D(2) provides that conduct does not contravene a provision to which section 11D applies if the conduct occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship, the person who engages in the conduct is neither an Australian citizen nor a body corporate incorporated by or under a law of the Commonwealth, a State or a Territory, and there is not in force in the foreign country where the conduct occurs, a law that corresponds to the provision to which section 11D applies.

Subsection 11D(3) provides that, for the purposes of section 11D, conduct is taken to have occurred partly in Australia if it is taken to have occurred partly in Australia under section 16.2 of the Criminal Code.

Subsection 11D(4) provides that, for the purposes of section 11D, there is taken to be in force a law of the kind mentioned in paragraph 11D(2)(c) unless a person adduces or points to evidence that suggests a reasonable possibility that no such law is in force and there is taken to be no such law in force, unless it is proved otherwise. This provision is modelled on subsections 13.3(3) and 15.1(3) of the Criminal Code but extends its application beyond offences.

Subsection 11D(4) is appropriate because the prohibitions contained in the Charter of the United Nations (Sanctions—Central African Republic) Regulation 2014 reflect international legal obligations that member states are required to carry out under Article 25 of the Charter of the United Nations. Therefore, there is a strong presumption that there are laws of a foreign country that create prohibitions corresponding to prohibitions to which section 11D applies. If no such laws exist, it is appropriate for the person to adduce or point to evidence of such a matter, noting ignorance of the law is not an excuse.

Charter of the United Nations (Sanctions—Democratic People's Republic of Korea) Regulations 2008

Item 15 - Subparagraph 13(2)(b)(i)

This item replaces the word 'deal' with 'deals' in subparagraph 13(2)(b)(i).

Charter of the United Nations (Sanctions — Democratic Republic of the Congo) Regulations 2008

Item 16 - Regulation 4 (after the heading)

This item inserts a note after the heading at regulation 4 indicating that a number of expressions used in the Regulations are defined in the COTUNA, including "asset".

Item 17 - Regulation 4 (paragraph (b) of the definition of designated person or entity)

This item updates the definition of "designated person or entity" in regulation 4 to include a person or entity that the Committee decides is subject to the asset freeze measures relating to the Democratic Republic of the Congo.

Item 18 - Regulation 4 (note)

This item repeals the note at regulation 4.

Item 19 - Regulations 6 and 7

This item repeals and replaces the definition of "sanctioned service" and "sanctioned supply", as a result of changes to the arms embargo to the Democratic Republic of the Congo by paragraphs 1 and 2 of Resolution 2667 (2022). In particular, the arms embargo no longer applies to supplies and services to the Government of the Democratic Republic of the Congo.

New subregulation 6(1) provides that a sanctioned service is the provision to an entity or individual referred to in subregulation 6(2), of assistance or training referred to in subregulation 6(3).

New subregulation 6(2) refers to non-governmental entities and individuals (other than an official of the Government of the Democratic Republic of the Congo) in the Democratic Republic of the Congo.

New subregulation 6(3) refers to assistance, including financing and financial assistance, advice or training that relate to military activities.

New regulation 7 provides that a person makes a sanctioned supply if the person supplies, sells or transfers export sanctioned goods to another person, where as a direct or indirect result of the supply, sale or transfer, the goods are transferred to any non-governmental of, or individual (other than an official of the Government of the Democratic Republic of the Congo) in the Democratic Republic of the Congo.

Item 20 - Paragraph 9(2)(a)

This item repeals paragraph 9(2)(a). There is no longer a requirement for the Minister to grant a permit for a sanctioned supply of arms or related matériel made to the Government of the Democratic Republic of the Congo, because such a supply is no longer prohibited by UNSC resolutions (see paragraph 2 of Resolution 1807 (2008)).

Item 21 - Paragraph 9(2)(d)

This item updates paragraph 9(2)(d), which provides that the Minister may grant a permit to make a sanctioned supply if the supply is for non-lethal military equipment intended solely for humanitarian or protective use. This is to reflect paragraph 2 of Resolution 2667 (2022) which provides that the notification requirements set out in paragraph 5 of Resolution 1807 (2008) no longer applies.

Item 22 - Subregulation 9(3)

This item repeals subregulation 9(3). This is to reflect paragraph 2 of Resolution 2667 (2022) which provides that the notification requirements set out in paragraph 5 of Resolution 1807 (2008) no longer applies.

Item 23 - Paragraph 11(2)(a)

This item repeals paragraph 11(2)(a). There is no longer a requirement for the Minister to grant a permit for a sanctioned service provided to the Government of the Democratic Republic of the Congo, because such a supply is no longer prohibited by UNSC resolutions (see paragraph 2 of Resolution 1807 (2008)).

Item 24 - Paragraph 11(2)(c)

This item updates paragraph 11(2)(c), which provides that the Minister may grant a permit to provide a sanctioned service if the service relates to non-lethal military equipment intended solely for humanitarian or protective use. This is to reflect paragraph 2 of Resolution 2667 (2022) which provides that the notification requirements set out in paragraph 5 of Resolution 1807 (2008) no longer applies.

Item 25 - Subregulation 11(3)

This item repeals subregulation 11(3). This is to reflect paragraph 2 of Resolution 2667 (2022) which provides that the notification requirements set out in paragraph 5 of Resolution 1807 (2008) no longer applies.

Charter of the United Nations (Sanctions—Iraq) Regulations 2008

Item 26 - Regulation 4 (after the heading)

This item inserts a note after the heading at regulation 4 indicating that a number of expressions used in the Regulations are defined in the COTUNA, including "asset".

Item 27 - Regulation 4 (definition of designated person or entity)

This item repeals and replaces the definition of "designated person or entity" in regulation 4. The new definition of "designated person or entity" will mean persons or entities that the Committee or the Security Council designates for the purposes of paragraph 19 of Resolution 1483 (2003) or decides is subject to the asset freeze measures relating to Iraq. This is to account for future resolutions that may expand on, or modify the asset freeze measures as mentioned in paragraph 19 of Resolution 1483 (2003).

Item 28 - Regulation 4

This item inserts a definition of "Security Council resolution" in regulation 4.

Item 29 - Regulation 4 (note)

This item repeals the note to the definition in regulation 4.

Item 30 - Subregulation 7(5) (subparagraph (b)(iii) of the definition of authorised supply)

This item omits a reference to "Resolution 1518" and substitutes "Security Council resolutions relating to Iraq, as existing from time to time" in subparagraph (b)(iii) of the definition of "authorised supply" in subregulation 7(5).

This is to reflect changes to the arms embargo, including by paragraph 21 of Resolution 1546 (2004), which provides that the sale or supply to Iraq of arms or related matériel no longer applies to those required by the Government of Iraq or multinational forces to serve the purposes of that resolution.

Charter of the United Nations (Sanctions—ISIL (Da'esh) and Al-Qaida) Regulations 2008

Item 31 - Regulation 4 (after the heading)

This item inserts a note after the heading at regulation 4 indicating that a number of expressions used in the Regulations are defined in the COTUNA, including "asset".

Item 32 - Regulation 4 (definition of Committee)

This item repeals and replaces the definition of "Committee" in regulation 4. This reflects the change to the Committee's name provided for by paragraph 1 of Resolution 2253 (2015).

Item 33 - Regulation 4 (definition of Resolution 1267)

This item repeals the definition of "Resolution 1267", which is no longer used.

Item 34 - Regulation 4 (note)

This item repeals the note to the definition in regulation 4.

Charter of the United Nations (Sanctions—Lebanon) Regulations 2008

Item 35 - Regulation 4 (after the heading)

This item inserts a note after the heading at regulation 4 indicating that a number of expressions used in the Regulations are defined in the COTUNA, including "asset".

Item 36 - Regulation 4 (definition of designated person)

This item repeals and replaces the definition of "designated person or entity" in regulation 4. The new definition of "designated person or entity" will mean an individual that the Committee designates for the purposes of paragraph 3(a) of Resolution 1636 (2005) or the Security Council or the Committee decides is subject to the asset freeze measures relating to Lebanon. This is to account for future resolutions that may expand on, or modify the asset freeze measures as mentioned in paragraph 3(a) of Resolution 1636 (2005).

Item 37 - Regulation 4

This item inserts a definition of "Security Council resolution" and "working day" in regulation 4.

Item 38 - Regulation 4 (note)

This item repeals the note to the definition in regulation 4.

Item 39 - Regulation 7

This item inserts "maintenance" after "manufacture" in the definition of "sanctioned service" in regulation 7 to reflect the language of paragraph 15 of Resolution 1701 (2006).

Item 40 - Subregulation 8(2)

This item repeals and replaces subregulation 8(2).

New subregulation 8(2) provides that new regulation 13A applies to subregulation 8(1). New regulation 13A provides for extraterritorial effect beyond application to offences, as permitted by section 7 of the COTUNA.

Item 41 - Subregulation 8(5) (at the end of subparagraph (b)(iii) of the definition of authorised supply)

This item amends the definition of "authorised supply" for the purposes of regulation 8 to include a permit properly granted by a foreign country, and in accordance with the foreign country's obligations under Resolution 1701 (2006) or any other relevant resolution relating to Lebanon. This is to account for any future resolutions that may relate to Lebanon.

Items 42 and 43 - Subregulations 8(6) and 8(7)

These items repeal subregulations 8(6) and 8(7), including the note.

The effects of these subregulations are replicated in new regulation 13B, under item 49 of Schedule 1.

Item 44 - Subregulation 10(2)

This item repeals and replaces subregulation 10(2).

New subregulation 10(2) provides that new regulation 13A applies to subregulation 10(1). New regulation 13A provides for extraterritorial effect beyond application to offences, as permitted by section 7 of the COTUNA.

Items 45 and 46 - Subregulation 10(4) (at the end of subparagraph (b)(iii) of the definition of authorised service and authorised supply)

These items amend the definition of "authorised service" and "authorised supply" for the purposes of regulation 10 to include a service or supply that is authorised by a permit properly granted by a foreign country, and in accordance with the foreign country's obligations under Resolution 1701 (2006) or any other relevant resolution relating to Lebanon. This is to account for any future resolutions that may relate to Lebanon.

Items 47 and 48 - Subregulations 10(5) and 10(6)

This items repeal subregulations 10(5) and 10(6), including the note.

The effects of these subregulations are replicated in new regulation 13B, under item 49 of Schedule 1.

Item 49 - Regulations 12 and 13

This item updates the prohibition relating to dealings with designated persons or entities at regulation 12 and gives effect to paragraph 2(ii) of the Annex to Resolution 1636 (2005). It also updates the prohibition relating to controlled assets.

New subregulation 12(1) provides that a person contravenes the subregulation if the person directly or indirectly makes an asset available to, or for the benefit of a designated person, a person or entity acting on behalf of or at the direction of a designated person, or an entity owned or controlled by a designated person, unless the making of the asset available is an authorised dealing. The ability to obtain a permit to authorise the dealing is new.

New subregulation 12(2) provides that new regulation 13A applies to subregulation 12(1). New regulation 13A provides for extraterritorial effect beyond application to offences, as permitted by section 7 of the COTUNA.

New subregulation 12(3) defines "authorised dealing" for the purposes of regulation 12 to mean making an asset available, when authorised by a permit granted under regulation 13, or a permit properly granted by a foreign country in a way that accords with its obligations under resolutions relating to Lebanon, as existing from time to time.

Subregulation 12A(1) provides that a person contravenes the subregulation if the person holds a controlled asset and the person uses or deals with, or allows or facilitates the use of, or dealing with the asset, unless the use or dealing is authorised by a permit. The ability to obtain a permit is new.

New subregulation 12A(2) provides that new regulation 13A applies to subregulation 12A(1). New regulation 13A provides for extraterritorial effect beyond application to offences, as permitted by section 7 of the COTUNA.

New subregulation 13(1) provides that the Minister may, on application, grant a person a permit authorising the making of an asset available to, or for the benefit of a designated person, or a person or entity acting on behalf of or at the direction of a designated person, or an entity owned or controlled by a designated person, or a use of, or a dealing with, a controlled asset that would otherwise contravene regulation 12A.

New subregulation 13(2) provides that the application must only be an application for a basic expense dealing. Basic expense dealing is defined in regulation 5 of the Charter of the United Nations (Dealing with Assets) Regulations 2008.

New subregulation 13(3) provides that the Minister must notify the Committee of the applicant and may only grant the permit if 5 working days have passed since the notice was given and the Committee has not advised against granting a permit to the applicant.

New subregulation 13(4) provides that a permit granted under regulation 13 is subject to any conditions specified in the permit.

The Minister's decision to grant a permit authorising dealings with designated persons or entities is not subject to merits review. Decisions of this kind involve consideration of sensitive political issues because they may affect Australia's relations with other countries and concern national security.

Permit decisions under regulation 13 may also require, amongst other things, that the Minister complies with obligations under UNSC resolutions, including engagement with the Committee. The Minister (and/or their delegate, who are well-versed in matters relating to foreign relations) is best placed to engage with the Committee.

Despite the above, decisions under regulation 13 may be subject to judicial review under section 39B of the Judiciary Act 1903 ( Judiciary Act ) and paragraph 75(v) of the Commonwealth of Australia Constitution Act ( Constitution ). Such decisions may also be reviewed under the Administrative Decisions (Judicial Review) Act 1977 ( ADJR Act ).

New regulation 13A provides for extraterritorial effect of provisions as permitted by section 7 of the COTUNA.

Paragraphs 13A(1)(a) and 13A(1)(b) provide that conduct does not contravene a provision to which regulation 13A applies unless the conduct, or result of the conduct occurs wholly or partly in Australia, or wholly or partly on board an Australian aircraft or an Australian ship.

Paragraph 13A(1)(c) provides that conduct does not contravene a provision to which regulation 13A applies unless the conduct occurs wholly outside Australia and at the time of the alleged contravention, the person who engages in the conduct is an Australian citizen or a body corporate incorporated by or under a law of the Commonwealth, a State or a Territory.

Subregulation 13A(2) provides that conduct does not contravene a provision to which regulation 13A applies if the conduct occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship, the person who engages in the conduct is neither an Australian citizen nor a body corporate incorporated by or under a law of the Commonwealth, a State or a Territory, and there is not in force in the foreign country where the conduct occurs, a law that corresponds to the provision to which regulation 13A applies.

Subregulation 13A(3) provides that, for the purposes of regulation 13A, conduct is taken to have occurred partly in Australia if it is taken to have occurred partly in Australia under section 16.2 of the Criminal Code.

Subregulation 13A(4) provides that, for the purposes of regulation 13A, there is taken to be in force a law of the kind mentioned in paragraph 13A(2)(c) unless a person adduces or points to evidence that suggests a reasonable possibility that no such law is in force and there is taken to be no such law in force, unless it is proved otherwise. This provision is modelled on subsections 13.3(3) and 15.1(3) of the Criminal Code but extends its application beyond offences.

Subregulation 13A(4) is appropriate because the prohibitions contained in the Charter of the United Nations (Sanctions—Lebanon) Regulations 2008 reflect international legal obligations that member states are required to carry out under Article 25 of the Charter of the United Nations. Therefore, there is a strong presumption that there are laws of a foreign country that create prohibitions corresponding to prohibitions to which regulation 13A applies. If no such laws exist, it is appropriate for the person to adduce or point to evidence of such a matter, noting ignorance of the law is not an excuse.

New regulation 13B provides for permits granted by foreign countries, as mentioned in paragraphs 8(5)(b), 10(4)(b) and 12(3)(b).

Subregulation 13B(1) provides that for the purposes of Part 2, a permit is taken not to have been granted by a foreign country to a person unless the person adduces or points to evidence that suggests a reasonable possibility that the permit was granted by a foreign country, and if so adduced, the permit is taken to be granted unless it is proved otherwise.

This is appropriate because whether a foreign country has granted a permit relating to a UNSC sanction for Lebanon, would be information that is peculiarly within the permit holder's knowledge.

Subregulation 13B(2) provides that for the purposes of Part 2, a permit is taken not to have been properly granted if the permit was granted on the basis of false or misleading information provided by any person or corrupt conduct by any person.

Charter of the United Nations (Sanctions—Libya) Regulations 2011

Item 50 - Regulation 3 (after the heading)

This item inserts a note after the heading at regulation 3 indicating that a number of expressions used are defined in the COTUNA.

Item 51 - Regulation 3 (paragraph (b) of the definition of designated person or entity)

This item updates the definition of "designated person or entity" at regulation 3 to include a person or entity that the Committee has decided is subject to the asset freeze measures relating to Libya, including for resolutions other than Resolutions 1970 (2011) or 1973 (2011).

Item 52 and 53 - Regulation 3 and paragraph 4(b)

These items include a definition of "petroleum", which include refined petroleum products and crude oil in regulation 3, and an update to the definition of "sanctioned service" in regulation 4.

These items, with regulation 9 prohibit the provision of financial transactions with respect to refined petroleum products illegally exported from Libya aboard a designated vessel and gives effect to paragraph 10 of Resolution 2146 (2014) as amended by paragraph 2 of Resolution 2362 (2017).

Item 54 - After regulation 10

This item inserts new regulation 10A, which prohibits a designated vessel from entering a port in Australia. This item is intended to give effect to paragraph 10 of Resolution 2146 (2014).

New subregulation 10A(1) provides that a person who has command or charge of designated vessel but is not the vessel's pilot contravenes the regulation if the vessel enters a port in Australia.

New subregulation 10A(2) provides that subregulation 10A(1) does not apply if the vessel enters the port because of an emergency, to return to its port of origination, inspection, or in accordance with a determination or direction by the Committee.

Item 55 - Paragraph 13B(b)

This item makes technical updates to paragraph 13B(b) to utilise the definition of "CEO" in the COTUNA.

Charter of the United Nations (Sanctions—Somalia) Regulations 2008

Item 56 - Regulation 1

This item omits "Somalia" and substitutes "Al-Shabaab" from the name of the sanctions framework in regulation 1. This gives effect to paragraph 24 of Resolution 2662 (2022).

Item 57 - Regulation 4

This item repeals regulation 4 and replaces it with new regulation 4, which sets out definitions.

Note 1 provides that a number of expressions used are defined in the COTUNA.

Note 2 indicates the website through with Security Council resolutions can be found.

The definitions in new regulation 4 include the following updates:

•

removes the definition of "AMISOM", "EUTM", "Resolution 751", "Resolution 2551" and "UNSOM" which are no longer used;

•

introduces a definition for "AUSSOM", "UNSOS" and "UNTMIS";

•

updates the definition of "Committee" to reflect the Security Council Committee pursuant to Resolution 2713 (2023) concerning Al-Shabaab. This gives effect to paragraph 31 of Resolution 2713 (2023); and

•

updates the definition of "designated person or entity" to include a person or entity that the Committee decides is subject to the asset freeze measures relating to Al-Shabaab. This is to account for future resolutions that might apply asset freeze measures relating to Al-Shabaab.

Item 58 - Regulations 7 and 7A

This item updates the definition of "sanctioned service" and "sanctioned supply" in regulations 7 and 7A.

New regulation 7 provides that a sanctioned service is the provision, to a person or entity in Somalia, of financing for the acquisition or delivery of export sanctioned goods.

New regulation 7A provides that a person makes a sanctioned supply the person supplies, sells or transfers export sanctioned goods to another person, and as a direct or indirect result of the supply, sale or transfer the goods are transferred to any person or entity in Somalia.

Item 59 - Division 2.1

This item and item 58 of Schedule 1 is intended to give effect to the lifting of the arms embargo for Somalia in paragraph 1 of Resolution 2714 (2023) and imposition of a new arms embargo in accordance with paragraph 4 of Resolution 2713 (2023).

New subregulation 8(1) provides that a person contravenes the subregulation if the person makes a sanctioned supply that is not an authorised supply.

New subregulation 8(2) provides that new regulation 15B applies to subregulation 8(1). New regulation 15B provides for extraterritorial effect beyond application to offences, as permitted by section 7 of the COTUNA.

New subregulation 8(3) provides that a person, whether or not in Australia or an Australian citizen, contravenes the subregulation if the person 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 that is not an authorised supply.

New subregulation 8(4) defines "authorised supply" for the purposes of regulation 8 to mean a sanctioned supply that is authorised by a permit granted under regulation 9, or a permit properly granted by a foreign country in a way that accords with its obligations under resolutions relating to Al-Shabaab, as existing from time to time.

New subregulation 9(1) provides that the Minister may, on application, grant a person a permit to make a sanctioned supply.

New subregulation 9(2) provides that the Minister may grant the permit for a sanctioned supply if regulation 11A applies to the sanctioned supply.

New subregulation 9(3) provides that the permit is subject to any conditions specified in the permit.

New subregulation 9(4) provides that if the Minister grants a permit for a supply to which subregulation 11A(10) applies, the Minister must notify the Committee of the supply within 15 working days after the sanctioned supply is made. This is to give effect to paragraph 19 of Resolution 2776 (2025).

New subregulation 9(5) provides that the notification to the Committee by the Minister must comply with regulation 11B.

The Minister's decision to grant a permit authorising the making of a sanctioned supply is not subject to merits review. Decisions of this kind involve consideration of sensitive political issues because they may affect Australia's relations with other countries and concern national security.

Permit decisions under regulation 9 may also require, amongst other things, that the Minister complies with various obligations under UNSC resolutions, including ensuring compliance with relevant international guidelines, engagement with the Government of the Federal Republic of Somalia and/or the Committee. The Minister (and/or their delegate, who are well-versed in matters relating to foreign relations) is best placed to make such decisions.

Despite the above, decisions under regulation 9 may be subject to judicial review under section 39B of the Judiciary Act and paragraph 75(v) of the Constitution. Such decisions may also be reviewed under the ADJR Act.

New subregulation 10(1) provides that a person contravenes the subregulation if the person provides a sanctioned service that is not an authorised service.

New subregulation 10(2) provides that new regulation 15B applies to subregulation 10(1). New regulation 15B provides for extraterritorial effect beyond application to offences, as permitted by section 7 of the COTUNA.

New subregulation 10(3) provides that a person, whether or not in Australia or an Australian citizen, contravenes the subregulation if 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 that is not an authorised service.

New subregulation 10(4) defines "authorised service" for the purposes of regulation 10 to mean a sanctioned service that is authorised by a permit granted under regulation 11, or a permit properly granted by a foreign country in a way that accords with its obligations under resolutions relating to Al-Shabaab, as existing from time to time.

New subregulation 10(5) provides that, for the purposes of regulation 10, the provision, to a person or entity in Somalia, of financing for the acquisition or delivery of export sanctioned goods is also an authorised service if the acquisition is a direct or indirect result of an authorised supply of the goods, or the delivery is an authorised supply of the goods.

New subregulation 11(1) provides that the Minister may, on application, grant a person a permit to provide a sanctioned service.

New subregulation 11(2) provides that the Minister may grant the permit if regulation 11A applies to the sanctioned service.

New subregulation 11(3) provides that the permit is subject to any conditions specified in the permit.

The Minister's decision to grant a permit authorising the providing of a sanctioned service is not subject to merits review. Decisions of this kind involve consideration of sensitive political issues because they may affect Australia's relations with other countries and concern national security.

Permit decisions under regulation 11 may also require, amongst other things, that the Minister complies with various obligations under UNSC resolutions, including ensuring compliance with relevant international guidelines, engagement with the Government of the Federal Republic of Somalia and/or the Committee. The Minister (and/or their delegate, who are well-versed in matters relating to foreign relations) is best placed to make such decisions.

Despite the above, decisions under regulation 11 may be subject to judicial review under section 39B of the Judiciary Act and paragraph 75(v) of the Constitution. Such decisions may also be reviewed under the ADJR Act.

New regulation 11A deals with the circumstances in which the Minister may grant permits.

New subregulation 11A(1) provides that, for the purposes of subregulation 9(2) or 11(2), regulation 11A applies to a sanctioned supply to which any of subregulations 11A(2) to 11A(10) apply, or a sanctioned service that consists of the provision, to a person or entity in Somalia, of financing for an acquisition or delivery to which any of subregulations 11A(2) to 11A(9) apply.

New subregulation 11A(2) applies to a sanctioned supply of export sanctioned goods to, an acquisition of export sanctioned goods by, or a delivery of export sanctioned goods to the Government of the Federal Republic of Somalia, the Somali National Army, the Somali National Intelligence and Security Agency, the Somali National Police Force, or the Somali Custodial Corps. This is to give effect to paragraph 4 of Resolution 2713 (2023).

New subregulation 11A(3) applies to a sanctioned supply, acquisition or delivery of export sanctioned goods intended solely for the support of, or use by personnel of the United Nations, including UNTMIS and UNSOS, AUSSOM, and the Troop- and Police-Contributing Countries to AUSSOM, European Union training and support activities, Türkiye, the United Kingdom of Great Britain and Northern Ireland or the United States of America. This is to give effect to paragraph 38 of Resolution 2776 (2025).

New subregulation 11A(4) applies to a sanctioned supply, acquisition or delivery of export sanctioned goods if the goods are intended solely for the support of, or use by, the forces of a Member State, there is a status of forces agreement or memorandum of understanding between the Member State and the Government of the Federal Republic of Somalia, and the Committee has been informed of the agreement or memorandum of understanding. This is to give effect to paragraph 38 of Resolution 2776 (2025).

New subregulation 11A(5) applies to a sanctioned supply, acquisition or delivery of protective clothing temporarily exported to Somalia, for personal use only, by a member of the personnel of the United Nations, a representative of the media, a humanitarian or development worker, a private security contractor, or a person associated with a person a person who falls into one of these categories. This is to give effect to paragraph 45(a) of Resolution 2776 (2025).

New subregulation 11A(6) applies to a sanctioned supply or delivery of export sanctioned goods if the sanctioned supply or delivery is by a Member State or an international, regional or subregional organisation, and the goods are non-lethal military equipment intended solely for humanitarian or protective use. This is to give effect to paragraph 45(b) of Resolution 2776 (2025).

New subregulation 11A(7) applies to a sanctioned supply, acquisition or delivery of export sanctioned goods constituted by a vessel, that is carrying the goods for defensive purposes, entering a Somali port for a temporary visit, with the goods remaining on the vessel at all times. This is to give effect to paragraph 45(c) of Resolution 2776 (2025).

New subregulation 11A(8) applies to a sanctioned supply, acquisition or delivery of export sanctioned goods if the goods are set out in Annex A to Resolution 2776 (2025), the sanctioned supply is to, the acquisition is by, or the delivery is to Somalia's Federal Member States or a licensed private security company operating in Somalia, the goods are intended solely to provide security for international or commercial premises or personnel in Somalia, and the supplying Member State of the goods has notified the Government of the Federal Republic of Somalia of the sanctioned supply, acquisition or delivery, the Government of the Federal Republic of Somalia has notified the Committee of the sanctioned supply, acquisition or delivery within 5 working days of receiving the notification from the supplying Member State, the notification to the Committee from the Government of the Federal Republic of Somalia complies with regulation 11B, at least 5 working days have passed after the Committee received the notification from the Government of the Federal Republic of Somalia, and the Committee did not make a make a negative decision in relation to the sanctioned supply, acquisition or delivery within 5 working days of receiving the notification from the Government of the Federal Republic of Somalia. This is to give effect to paragraph 39 of Resolution 2776 (2025).

New subregulation 11A(9) applies to a sanctioned supply, acquisition or delivery of export sanctioned goods if the goods are not set out in Annex A to Resolution 2776 (2025), the sanctioned supply is to, the acquisition is by, or the delivery is to Somalia's Federal Member States a licensed private security company operating in Somalia, the goods are intended solely to provide security for international or commercial premises or personnel in Somalia, and the supplying Member State of the goods has notified the Government of the Federal Republic of Somalia of the sanctioned supply, acquisition or delivery, the Government of the Federal Republic of Somalia has notified the Committee of the sanctioned supply, acquisition or delivery within 5 working days of receiving the notification from the supplying Member State and at least 5 working days before the making of the sanctioned supply, acquisition or delivery, and the notification to the Committee by the Government of the Federal Republic of Somalia complies with regulation 11B. This is to give effect to paragraph 40 of Resolution 2776 (2025).

New subregulation 11A(10) applies to a sanctioned supply of export sanctioned goods if the goods are set out in Part I of Annex B to Resolution 2776 (2025) or a subsequent Security Council resolution relating to Al-Shabaab and improvised explosive devices, and the Minister is satisfied that the goods will not be used in the manufacture in Somalia of an improvised explosive device or there is no significant risk that the goods may be used in the manufacture in Somalia of an improvised explosive device. This is to give effect to paragraphs 18 and 19 of Resolution 2776 (2025).

New regulation 11B sets out the requirements for notifications and requests for advance approval. It provides that, for the purposes of subregulation 9(5) or subparagraph 11A(8)(d)(iii) or (9)(d)(iii), a notification of a sanctioned supply, acquisition or delivery must include all relevant information about the sanctioned supply, acquisition or delivery, in accordance with the Security Council resolutions relating to Al-Shabaab, as existing from time to time and the Guidelines of the Committee for the Conduct of its Work, as in force from time to time.

Item 60 - Regulation 12

This item repeals and replaces regulation 12.

Subregulation 12(1) is replicated.

New subregulation 12(2) provides that new regulation 15B applies to subregulation 12(1). New regulation 15B provides for extraterritorial effect beyond application to offences, as permitted by section 7 of the COTUNA.

Item 61 - Subregulations 13(3) and (4)

This item repeals subregulations 13(3) and 13(4) and replaces subregulation 13(4).

New subregulation 13(4) provides that new regulation 15B applies to subregulation 13(1). New regulation 15B provides for extraterritorial effect beyond application to offences, as permitted by section 7 of the COTUNA.

Item 62 - Subregulation 13(5) (note)

This item repeals the note of subregulation 13(5).

Item 63 - Subregulations 14(3) and (4)

This item repeals subregulations 14(3) and 14(4) and replaces subregulation 14(4).

New subregulation 14(4) provides that new regulation 15B applies to subregulation 14(1). New regulation 15B provides for extraterritorial effect beyond application to offences, as permitted by section 7 of the COTUNA.

Item 64 - Subregulation 14(5) (note)

This item repeals the note of subregulation 14(5).

Item 65 - Regulation 15A

This item repeals and replaces regulation 15A.

Subregulation 15A(1) is replicated, subject to technical updates.

New subregulation 15A(2) provides that new regulation 15B applies to subregulation 15A(1). New regulation 15B provides for extraterritorial effect beyond application to offences, as permitted by section 7 of the COTUNA.

Item 66 - At the end of Part 2

This item inserts new regulations 15B and 15C.

New regulation 15B provides for extraterritorial effect of provisions as permitted by section 7 of the COTUNA.

Paragraphs 15B(1)(a) and 15C(1)(b) provide that conduct does not contravene a provision to which regulation 15B applies unless the conduct, or result of the conduct occurs wholly or partly in Australia, or wholly or partly on board an Australian aircraft or an Australian ship.

Paragraph 15B(1)(c) provides that conduct does not contravene a provision to which regulation 15B applies unless the conduct occurs wholly outside Australia and at the time of the alleged contravention, the person who engages in the conduct is an Australian citizen or a body corporate incorporated by or under a law of the Commonwealth, a State or a Territory.

Subregulation 15B(2) provides that conduct does not contravene a provision to which regulation 15B applies if the conduct occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship, the person who engages in the conduct is neither an Australian citizen nor a body corporate incorporated by or under a law of the Commonwealth, a State or a Territory, and there is not in force in the foreign country where the conduct occurs, a law that corresponds to the provision to which regulation 15B applies.

Subregulation 15B(3) provides that, for the purposes of regulation 15B, conduct is taken to have occurred partly in Australia if it is taken to have occurred partly in Australia under section 16.2 of the Criminal Code.

Subregulation 15B(4) provides that, for the purposes of regulation 15B, there is taken to be in force a law of the kind mentioned in paragraph 15B(2)(c) unless a person adduces or points to evidence that suggests a reasonable possibility that no such law is in force and there is taken to be no such law in force, unless it is proved otherwise. This provision is modelled on subsections 13.3(3) and 15.1(3) of the Criminal Code but extends its application beyond offences.

Subregulation 15B(4) is appropriate because the prohibitions contained in the Charter of the United Nations (Sanctions—Al-Shabaab) Regulations 2008 reflect international legal obligations that member states are required to carry out under Article 25 of the Charter of the United Nations. Therefore, there is a strong presumption that there are laws of a foreign country that create prohibitions corresponding to prohibitions to which regulation 15B applies. If no such laws exist, it is appropriate for the person to adduce or point to evidence of such a matter, noting ignorance of the law is not an excuse.

New regulation 15C provides for permits granted by foreign countries, as mentioned in paragraphs 8(4)(b) and 10(4)(b).

Subregulation 15C(1) provides that for the purposes of Part 2, a permit is taken not to have been granted by a foreign country to a person unless the person adduces or points to evidence that suggests a reasonable possibility that the permit was granted by a foreign country, and if so adduced, the permit is taken to be granted unless it is proved otherwise.

This is appropriate because whether a foreign country has granted a permit relating to a UNSC sanction for Lebanon, would be information that is peculiarly within the permit holder's knowledge.

Subregulation 15C(2) provides that for the purposes of Part 2, a permit is taken not to have been properly granted if the permit was granted on the basis of false or misleading information provided by any person or corrupt conduct by any person.

Item 67 - At the end of Part 3

This item inserts new regulation 17.

Regulation 17 provides that persons and entities targeted by resolutions relating to Al-Shabaab, as existing from time to time, cannot make a claim, action or demand, in respect of conduct done in compliance with those resolutions or the Charter of the United Nations (Sanctions—Al-Shabaab) Regulations 2008.

Subregulation 17(1) provides that the regulation applies to:

•

the Government of the Federal Republic of Somalia;

•

a person or entity that is in Somalia;

•

a designated person or entity; and

•

a person able to claim through, or for the benefit of any of the above.

Subregulation 17(2) provides that the persons and entities mentioned in subregulation 17(1) must not make a claim or demand, or take any action against a person for a breach of contract or a failure to perform a transaction if the performance of the contract or transaction was prevented under the Charter of the United Nations (Sanctions—Al-Shabaab) Regulations 2008 or a resolution relating to Al-Shabaab, as existing from time to time.

Subregulation 17(3) provides that regulation 17 has effect despite any other law of the Commonwealth, a State or Territory.

Item 68 - At the end of the instrument

This item adds an additional Part and Division at the end of the Charter of the United Nations (Sanctions—Al-Shabaab) Regulations 2008. The new Part 4 relates to the application, savings and transitional provisions concerning permits.

New regulation 18 inserts additional definitions including "amending regulations", "commencement time", "new regulations" and "old regulations" which are applicable to the new Division.

New regulation 19 inserts the transitional and saving provisions in relation to permit applications and permits to make sanctioned supplies and sanctioned services.

New subregulation 19(1) provides that if an application for a permit to make a sanctioned supply was made under the old regulations before the commencement of regulation 18 and at such time the Minister had not made a decision on the application and the application had not been withdrawn then the application remains effective and may be dealt with as if it had been made under subregulation 9(1) of the new regulations.

New subregulation 19(2) provides that if a permit to make a sanctioned supply was granted under the old regulations and was in force immediately prior to the commencement of regulation 18 the permit will be considered is if it were a permit granted under subregulation 9(1) of the new regulations and remain in force.

New subregulation 19(3) provides that if an application for a permit to make a sanctioned service was made under the old regulations before the commencement of regulation 18, and at such time the Minister had not made a decision on the application and the application had not been withdrawn, then the application remains effective and may be dealt with as if it had been made under subregulation 11(1) of the new regulations.

New subregulation 19(4) provides that if a permit to make a sanctioned service was granted under the old regulations and was in force immediately prior to the commencement of the regulation 18, the permit will be considered as if it were a permit granted under subregulation 11(1) of the new regulations and remain in force.

Charter of the United Nations (Sanctions—South Sudan) Regulation 2015

Item 69 - Paragraph 4C(2)(f)

This item updates paragraph 4C(2)(f), which provides that the Minister may grant a permit if the sanctioned supply is 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 (2018)). This is to reflect that paragraph 2 of Resolution 2683 (2023) which provides that the notification requirements set out in paragraph 2 of Resolution 2633 (2022) for the supply, sale or transfer of non-lethal military equipment solely in support of the implementation of the terms of the peace agreement (with the meaning of Resolution 2428 (2018)), no longer applies.

Item 70 - Paragraph 4E(2)(d)

This item updates paragraph 4E(2)(d), which provides that the Minister may grant a permit if the sanctioned supply is 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 (2018)). This is to reflect that paragraph 2 of Resolution 2683 (2023) which provides that the notification requirements set out in paragraph 2 of Resolution 2633 (2022) for the provision of related technical training or assistance of non-lethal military equipment solely in support of the implementation of the terms of the peace agreement (with the meaning of Resolution 2428 (2018)), no longer applies.

Charter of the United Nations (Sanctions—Sudan) Regulations 2008

Item 71 - Regulation 4 (after the heading)

This item inserts a note after the heading at regulation 4 indicating that a number of expressions used in the Regulations are defined in the COTUNA, including "asset".

Item 72 - Regulation 4 (definition of Comprehensive Peace Agreement)

This item repeals the definition of "Comprehensive Peace Agreement" in regulation 4, which is no longer used.

Item 73 - Regulation 4 (paragraph (b) of the definition of controlled asset)

This item inserts the words "or entity" after "designated person" in paragraph (b) of the definition of "controlled asset" in regulation 4. This gives effect to paragraph 3 of Resolution 2035 (2012).

Item 74 - Regulation 4 (at the end of paragraph (c) of the definition of controlled asset)

This item inserts the words "or entity" after "designated person" in paragraph (c) of the definition of "controlled asset" in regulation 4. This gives effect to paragraph 3 of Resolution 2035 (2012).

Item 75 - Regulation 4 (definition of designated person or entity)

This item repeals and replaces the definition of "designated person or entity" at regulation 4. The new definition of "designated person or entity" will mean persons or entities that the Committee or the Security Council designates for the purposes of paragraph 3 of Resolution 2035 (2012) or decides is subject to the asset freeze measures relating to Sudan. This is to account for future resolutions that may expand on, or modify the asset freeze measures as mentioned in paragraph 3 of Resolution 2035 (2012), or designates for the purposes of paragraph 3(c) of Resolution 1591 (2005).

Item 76 - Regulation 4

This item introduces a definition for "Resolution 2035" at regulation 4.

Item 77 - Regulation 4 (note)

This item repeals the note to the definition in regulation 4.

Item 78 - Subregulation 8(5) (at the end of subparagraph (b)(iii) of the definition of authorised supply)

This item amends the definition of "authorised supply" for the purposes of regulation 8 to include a supply that is authorised by a permit properly granted by a foreign country, and in accordance with the foreign country's obligations under Resolutions 1556 (2004) and 1591 (2005) and any other relevant resolutions relating to Sudan. This is to account for any future resolutions that may relate to Sudan.

Item 79 - At the end of subregulation 9(4)

This item adds at the end of subregulation 9(4) "any other relevant resolution". This is to enable the Minister to grant a permit authorising a sanctioned supply if a future resolution relating to Sudan authorises it.

Items 80 and 81 - Subregulation 10(4) (at the end of subparagraph (b)(iii) of the definition of authorised service and authorised supply)

These items amend the definition of "authorised service" and "authorised supply" for the purposes of regulation 10 to include a service or supply that is authorised by a permit properly granted by a foreign country, and in accordance with the foreign country's obligations under Resolutions 1556 (2004) and 1591 (2005) and any other relevant resolutions relating to Sudan. This is to account for any future resolutions that may relate to Sudan.

Item 82 - Subparagraphs 12(1)(a)(i), (ii) and (iii)

This item inserts the words "or entity" after "designated person" in paragraph 12, to prohibit a person from directly or indirectly making an asset available to, or for the benefit of, a designated person or entity, a person acting on behalf of or at the direction of a designated person or entity, or an entity owned or controlled, directly or indirectly, by a designated person or entity, where the making available of the asset is not authorised by a permit under regulation 14.

This gives effect to paragraph 3 of Resolution 2035 (2012).

Charter of the United Nations (Sanctions—the Taliban) Regulation 2013

Item 83 - Section 3 (after the heading)

This item inserts a note after the heading at section 3 indicating that a number of expressions used in the regulation are defined in the COTUNA, including "asset".

Item 84 - Section 3 (definition of designated person or entity)

This item repeals and replaces the definition of "designated person or entity" at section 3. The new definition of "designated person or entity" will mean the Taliban, or persons or entities that the Committee or the Security Council designates for the purposes of paragraph 1 of Resolution 1988 (2011) or decides is subject to the asset freeze measures relating to the Taliban. This is to account for future resolutions that may expand on, or modify the asset freeze measures as mentioned in paragraph 1 of Resolution 1988 (2011).

Item 85 - Section 3 (note)

This item repeals the note to the definition in section 3.

Item 86 - Subsections 11(2) and (3)

This item updates the purposes for which a permit may be granted authorising the making available of an asset to a person or entity, or a use of, or dealing with, a controlled asset, by repealing and replacing subsections 11(2) and 11(3).

New paragraph 11(2)(a) and subsection 11(3) maintains the existing law permitting the grant of a permit for a basic expense dealing, contractual dealing or extraordinary expense dealing.

New paragraph 11(2)(b) provides that an application may be for humanitarian assistance or other activities that support basic human needs in Afghanistan or for a use of, or dealing with, a controlled asset necessary to ensure the timely delivery of such assistance or to support such activities. This paragraph gives effect to paragraph 1 of Resolution 2615 (2021).

New paragraph 11(3) provides that, if paragraph 11(2)(a) applies, the application must specify which kind of dealing mentioned in that paragraph the application is for. The effect of this paragraph is that an application relating to humanitarian assistance or other activity that support basic human needs does not need to be for, or specify a basic expense dealing, contractual dealing or extraordinary expense dealing.

Charter of the United Nations (Sanctions—Yemen) Regulation 2014

Item 87 - Section 4 (after the heading)

This item inserts a note after the heading at section 4 indicating that a number of expressions used are defined in the COTUNA.

Item 88 - Section 4 (at the end of paragraph (b) of the definition of designated person or entity)

This item updates the definition of "designated person or entity" in section 4 to include a person or entity that the Committee or the Security Council decides is subject to the measures imposed by paragraph 11 or Resolution 2140 (2014), including those measures as extended or modified by a later resolution. This is to account for any future resolutions that impose similar requirements.

Item 89 - Section 4 (paragraph (c) of the definition of paragraph 14 person or entity)

This item updates the definition of "paragraph 14 person or entity" in section 4 to include a person or entity designated by the Committee in accordance with paragraph 20(d) of Resolution 2216 (2015) including those measures as extended or modified by a later resolution. This is to account for any future resolutions that impose similar requirements.

Item 90 - Section 4

This item inserts a definition of "Security Council resolution".

Item 91 - Sections 4D to 6

This item replaces the prohibitions relating to sanctioned supplies and sanctioned services to give effect to paragraph 3 of Resolution 2511 (2020) in sections 4D and 4E, to facilitate the work of the United Nations and other humanitarian organisations in Yemen and for other purposes consistent with the objectives of the resolution. This item also updates the prohibition relating to dealings with designated persons or entities and controlled assets.

New subsection 4D(1) provides that a person contravenes the subsection if the person makes a sanctioned supply that is not an authorised supply.

New subsection 4D(2) provides that new section 7A applies to subsection 4D(1). New section 7A provides for extraterritorial effect beyond application to offences, as permitted by section 7 of the COTUNA.

New subsection 4D(3) provides that a person, whether or not in Australia or an Australian citizen, contravenes the subsection if the person 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 that is not an authorised supply.

New subsection 4D(4) defines "authorised supply" for the purposes of section 4D to mean a sanctioned supply that is authorised by a permit granted under section 4E, or a permit properly granted by a foreign country in a way that accords with its obligations under Security Council resolutions relating to Yemen, as existing from time to time.

New subsection 4E(1) provides that the Minister may, on application, grant a person a permit to make a sanctioned supply.

New subsection 4E(2) provides that the Minister may grant the permit under subsection 4E(1) if the Committee has determined in advance that the sanctioned supply is necessary to facilitate the work of the United Nations and other humanitarian organisations in Yemen, or for any other purpose consistent with the objectives of Security Council resolutions relating to Yemen, as existing from time to time.

New subsection 4E(3) provides that the permit is subject to any conditions specified in the permit.

The Minister's decision to grant a permit authorising the making of a sanctioned supply is not subject to merits review. Decisions of this kind involve consideration of sensitive political issues because they may affect Australia's relations with other countries and concern national security.

Permit decisions under section 4E gives effect to Australia's international obligations, and requires a decision of the Committee, so it would not be appropriate for the decision to be subject to merits review.

Despite the above, decisions under section 4E may be subject to judicial review under section 39B of the Judiciary Act and paragraph 75(v) of the Constitution. Such decisions may also be reviewed under the ADJR Act.

New subsection 4F(1) provides that a person contravenes the subsection if the person provides a sanctioned service that is not an authorised service.

New subsection 4F(2) provides that new section 7A applies to subsection 4F(1). New section 7A provides for extraterritorial effect beyond application to offences, as permitted by section 7 of the COTUNA.

New subsection 4F(3) provides that a person, whether or not in Australia or an Australian citizen, contravenes the subsection if 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 that is not an authorised service.

New subsection 4F(4) defines "authorised service" for the purposes of section 4F to mean a sanctioned service that is authorised by a permit granted under section 4G, or a permit properly granted by a foreign country in a way that accords with its obligations under Security Council resolutions relating to Yemen, as existing from time to time.

New subsection 4G(1) provides that the Minister may, on application, grant a person a permit to provide a sanctioned service.

New subsection 4G(2) provides that the Minister may grant the permit under subsection 4G(1) if the Committee has determined in advance that the provision of the sanctioned service is necessary to facilitate the work of the United Nations and other humanitarian organisations in Yemen, or for any other purpose consistent with the objectives of Security Council resolutions relating to Yemen, as existing from time to time.

New subsection 4G(3) provides that the permit is subject to any conditions specified in the permit.

The Minister's decision to grant a permit authorising the provision of a sanctioned service is not subject to merits review. Decisions of this kind involve consideration of sensitive political issues because they may affect Australia's relations with other countries and concern national security.

Permit decisions under section 4G gives effect to Australia's international obligations, and requires a decision of the Committee, so it would not be appropriate for the decision to be subject to merits review.

Despite the above, decisions under section 4G may be subject to judicial review under section 39B of the Judiciary Act and paragraph 75(v) of the Constitution. Such decisions may also be reviewed under the ADJR Act.

New subsection 5(1) replicates the prohibition relating to dealings with designated persons or entities, with technical updates.

New subsection 5(2) provides that new section 7A applies to subsection 5(1). New section 7A provides for extraterritorial effect beyond application to offences, as permitted by section 7 of the COTUNA.

New subsection 6(1) replicates the prohibition relating to controlled assets, with technical updates.

New subsection 6(2) provides that new section 7A applies to subsection 6(1). New section 7A provides for extraterritorial effect beyond application to offences, as permitted by section 7 of the COTUNA.

Item 92 - At the end of Part 2

This item inserts new subsections 7A and 7B.

New section 7A provides for extraterritorial effect of provisions as permitted by section 7 of the COTUNA.

Paragraphs 7A(1)(a) and 7A(1)(b) provide that conduct does not contravene a provision to which section 7A applies unless the conduct, or result of the conduct occurs wholly or partly in Australia, or wholly or partly on board an Australian aircraft or an Australian ship.

Paragraph 7A(1)(c) provides that conduct does not contravene a provision to which section 7A applies unless the conduct occurs wholly outside Australia and at the time of the alleged contravention, the person who engages in the conduct is an Australian citizen or a body corporate incorporated by or under a law of the Commonwealth, a State or a Territory.

Subsection 7A(2) provides that conduct does not contravene a provision to which section 7A applies if the conduct occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship, the person who engages in the conduct is neither an Australian citizen nor a body corporate incorporated by or under a law of the Commonwealth, a State or a Territory, and there is not in force in the foreign country where the conduct occurs, a law that corresponds to the provision to which regulation 7A applies.

Subsection 7A(3) provides that, for the purposes of section 7A, conduct is taken to have occurred partly in Australia if it is taken to have occurred partly in Australia under section 16.2 of the Criminal Code.

Subsection 7A(4) provides that, for the purposes of section 7A, there is taken to be in force a law of the kind mentioned in paragraph 7A(2)(c) unless a person adduces or points to evidence that suggests a reasonable possibility that no such law is in force and there is taken to be no such law in force, unless it is proved otherwise. This provision is modelled on subsections 13.3(3) and 15.1(3) of the Criminal Code but extends its application beyond offences.

Subsection 7A(4) is appropriate because the prohibitions contained in the Charter of the United Nations (Sanctions—Yemen) Regulations 2014 reflect international legal obligations that member states are required to carry out under Article 25 of the Charter of the United Nations. Therefore, there is a strong presumption that there are laws of a foreign country that create prohibitions corresponding to prohibitions to which section 7A applies. If no such laws exist, it is appropriate for the person to adduce or point to evidence of such a matter, noting ignorance of the law is not an excuse.

New section 7B provides for permits granted by foreign countries, as mentioned in paragraphs 4D(4)(b) and 4F(4)(b).

Section 7B(1) provides that for the purposes of Part 2, a permit is taken not to have been granted by a foreign country to a person unless the person adduces or points to evidence that suggests a reasonable possibility that the permit was granted by a foreign country, and if so adduced, the permit is taken to be granted unless it is proved otherwise.

This is appropriate because whether a foreign country has granted a permit relating to a UNSC sanction for Lebanon, would be information that is peculiarly within the permit holder's knowledge.

Section 7B(2) provides that for the purposes of Part 2, a permit is taken not to have been properly granted if the permit was granted on the basis of false or misleading information provided by any person or corrupt conduct by any person.

Customs (International Obligations) Regulation 2015

Item 93 - Clause 1 of Schedule 1 (table items 1 and 4)

This item repeals table items 1 and 4 of clause 1 of Schedule 1.

The effect of this item is that certain goods relating to Sierra Leone and Eritrea, to which regulations 4N and 4ZA of the Customs (Prohibited Imports) Regulations 1956 ( Prohibited Imports Regulations ) respectively applied, are no longer UN-sanctioned goods for the purposes of the Customs Act. This reflects that the relevant sanction measures have ceased to have effect.

As a result, the importation of such goods will not constitute a special offence under section 233BABAB of the Customs Act.

Item 94 - Clause 1 of Schedule 1 (at the end of the table)

This item adds a new table item to clause 1 of Schedule 1, covering certain goods relating to Somalia, to which regulation 4ZC of the Prohibited Imports Regulations applies.

As a result, the importation of such goods may constitute a special offence under section 233BABAB of the Customs Act.

Item 95 - Clause 2 of Schedule 1 (table items 3, 6 and 10)

This item repeals table items 3, 6 and 10 of clause 2 of Schedule 1.

The effect of this item is that certain goods relating to Liberia, Côte d'Ivoire and Eritrea, to which regulations 13CK, 13CN and 13CR of the Customs (Prohibited Exports) Regulations 1958 ( Prohibited Exports Regulations ) respectively applied, are no longer UN-sanctioned goods for the purposes of the Customs Act. This reflects that the relevant sanction measures have ceased to have effect.

As a result, the exportation of such goods will not constitute a special offence under section 233BABAC of the Customs Act.

Item 96 - Clause 2 of Schedule 1 (after table item 12)

This item adds four new table items to clause 2 of Schedule 1, 12A to 12D inclusive, covering certain goods relating to Haiti, Iraq, Somalia and South Sudan, to which regulations 13CU, 13CV, 13CW and 13CX of the Prohibited Exports Regulations applies respectively.

As a result, the exportation of such goods may constitute a special offence under section 233BABAC of the Customs Act.

Items 97 to 100 - Clause 2 of Schedule 1 (table item 13, column headed "Goods", paragraphs (c), (f), (j) and (l) and after paragraph (m))

These items repeal from table item 13 of clause 2 of Schedule 1, goods to which regulation 13E of the Prohibited Exports Regulations applies, if the immediate or final destination is, or is intended to be Côte d'Ivoire, Eritrea, Liberia and Sierra Leone. It also inserts into the same table item, such goods, if the immediate or final destination is, or is intended to be Haiti (item 98, new paragraph (f) refers) or South Sudan (item 100, new paragraph (ma) refers).

Regulation 13E prohibits exportation from Australia of goods specified in the defence and strategic goods list, or containing DSGL technology.

As a result, the exportation of such goods to Côte d'Ivoire, Eritrea, Liberia and Sierra Leone would not constitute a special offence under section 233BABAC of the Customs Act. However, the exportation of such goods to Haiti or South Sudan may constitute a special offence under section 233BABAC of the Customs Act.

Customs (Prohibited Exports) Regulations 1958

Item 101 - Subregulation 2(1)

This item inserts into subregulation 2(1) definitions of "Foreign Department" and "Foreign Secretary".

Item 102 - Subregulation 13CI(1) (definition of authorised person)

This item substitutes "Department administered by the Foreign Minister" with "Foreign Department" in the definition of "authorised person" in subregulation 13CI(1). This item is consequential to item 101.

Item 103 - Paragraph 13CI(2A)(a)

This item substitutes "approved form" with "form approved under subregulation (2B)" in paragraph 13CI(2A)(a). This complements item 105, which provides for the Foreign Secretary to approve the form by which an application for permission to export goods subject to export control under regulation 13CI is to be made.

Item 104 - Paragraphs 13CI(2A)(b) and (c)

This item removes "approved" in paragraphs 13CI(2A)(b) and (c). This is consequential to item 103.

Item 105 - After subregulation 13CI(2A)

This item inserts new subregulation 13CI(2B) to provide that the Foreign Secretary may, in writing, approve a form for the purposes of subregulation 13CI(2A) (instead of the Comptroller-General of Customs) being a form for the application for permission to export goods subject to export control under regulation 13CI.

Items 106 and 107 - Subregulation 13CI(4)

These items insert "or an authorised person" after the first reference to,and "or authorised person" after "Foreign Minister" in subregulation 13CI(4). This ensures that an authorised person may revoke or modify a permission that they grant for the purposes of subregulation 13CI(2).

Item 108 - Regulation 13CK

This item repeals regulation 13CK, which prohibited the exportation of certain goods to Liberia under section 112 of the Customs Act.

This reflects that the relevant sanction measures have ceased to have effect.

Item 109 - Subregulation 13CL(1) (definition of authorised person)

This item substitutes "Department of Foreign Affairs and Trade" with "Foreign Department" in the definition of "authorised person" in subregulation 13CL(1). This item is consequential to item 101.

Item 110 - Paragraph 13CL(2A)(a)

This item substitutes "approved form" with "form approved under subregulation (2B)" in paragraph 13CL(2A)(a). This item complements item 112, which provides for the Foreign Secretary to approve the form by which an application for permission to export goods subject to export control under regulation 13CL is to be made.

Item 111 - Paragraphs 13CL(2A)(b) and (c)

This item removes "approved" in paragraphs 13CL(2A)(b) and (c). This item is consequential to item 110.

Item 112 - After subregulation 13CL(2A)

This item inserts new subregulation 13CL(2B) to provide that the Foreign Secretary may, in writing, approve a form for the purposes of subregulation 13CL(2A) (instead of the Comptroller-General of Customs), being a form for the application for permission to export goods subject to export control under regulation 13CL.

Items 113 and 114 - Subregulation 13CL(4)

These items insert "or and authorised person" and "or authorised person" after "Foreign Minister" in subregulation 13CL(4). This ensures that an authorised person may revoke or modify a permission that they grant for the purposes of subregulation 13CL(2).

Item 115 - Subregulation 13CM(1) (definition of authorised person)

This item substitutes "Department of Foreign Affairs and Trade" with "Foreign Department" in subregulation 13CM(1). This is consequential to item 101.

Item 116 - Paragraph 13CM(2A)(a)

This item substitutes "approved form" with "form approved under subregulation (2B)" in paragraph 13CM(2A)(a). This item complements item 118, which provides for the Foreign Secretary to approve the form by which an application for permission to export goods subject to export control under regulation 13CM is to be made.

Item 117 - Paragraphs 13CM(2A)(b) and (c)

This item removes "approved" in paragraphs 13CM(2A)(b) and (c). This item is consequential to item 116.

Item 118 - After subregulation 13CM(2A)

This item inserts new subregulation 13CM(2B) to provide that the Foreign Secretary may, in writing, approve a form for the purposes of subregulation 13CM(2A) (instead of the Comptroller-General of Customs), being a form for the application for permission to export goods subject to export control under regulation 13CM.

Items 119 and 120 - Subregulation 13CM(4)

These items insert "or an authorised person" and "or authorised person" after "Foreign Minister" in subregulation 13CM(4). This ensures that an authorised person may revoke or modify a permission that they grant for the purposes of subregulation 13CM(2).

Item 121 - Regulation 13CN

This item repeals regulation 13CN, which prohibited the exportation of certain goods to Côte d'Ivoire under section 112 of the Customs Act.

This reflects that the relevant sanction measures have ceased to have effect.

Item 122 - Subregulation 13CO(1) (definition of authorised person)

This item substitutes "Department administered by the Foreign Minister" with "Foreign Department" in the definition of "authorised person" in subregulation 13CO(1). This item is consequential to item 101.

Item 123 - Paragraph 13CO(2A)(a)

This item substitutes "approved form" with "form approved under subregulation (2B)" in paragraph 13CO(2A)(a). This item complements item 125, which provides for the Foreign Secretary to approve the form by which an application for permission to export goods subject to export control under regulation 13CO is to be made.

Item 124 - Paragraphs 13CO(2A)(b) and (c)

This item removes "approved" in paragraphs 13CO(2A)(b) and (c). This item is consequential to item 123.

Item 125 - After subregulation 13CO(2A)

This item inserts new subregulation 13CO(2B) to provide that the Foreign Secretary may, in writing, approve a form for the purposes of subregulation 13CO(2A) (instead of the Comptroller-General of Customs), being a form for the application for permission to export goods subject to export control under regulation 13CO.

Items 126 and 127 - Subregulation 13CO(4)

These items insert "or an authorised person" and "or authorised person" after "Foreign Minister" in subregulation 13CO(4). This ensures that an authorised person may revoke or modify a permission that they grant for the purposes of subregulation 13CO(2).

Item 128 - Subregulation 13CP(1) (definition of authorised person)

This item substitutes "Department administered by the Foreign Minister" with "Foreign Minister" in the definition of "authorised person" in subregulation 13CP(1). This item is consequential to item 101.

Item 129 - Paragraph 13CP(2A)(a)

This item substitutes "approved form" with "form approved under subregulation (2B)" in paragraph 13CP(2A)(a). This item complements item 131, which provides for the Foreign Secretary to approve the form by which an application for permission to export goods subject to export control under regulation 13CP is to be made.

Item 130 - Paragraphs 13CP(2A)(b) and (c)

This item removes "approved" in paragraphs 13CP(2A)(b) and (c). This item is consequential to item 129.

Item 131 - After subregulation 13CP(2A)

This item inserts new subregulation 13CP(2B) to provide that the Foreign Secretary may, in writing, approve a form for the purposes of subregulation 13CP(2A) (instead of the Comptroller-General of Customs), being a form for the application for permission to export goods subject to export control under regulation 13CP.

Items 132 and 133 - Subregulation 13CP(4)

These items insert "or an authorised person" and "or authorised person" after "Foreign Minister" in subregulation 13CP(4). This ensures that an authorised person may revoke or modify a permission that they grant for the purposes of subregulation 13CP(2).

Item 134 - Paragraph 13CQ(2A)(a)

This item substitutes "approved form" with "form approved under subregulation (2B)" in paragraph 13CQ(2A)(a). This item complements item 136, which provides for the Foreign Secretary to approve the form by which an application for permission to export goods subject to export control under regulation 13CQ is to be made.

Item 135 - Paragraphs 13CQ(2A)(b) and (c)

This item removes "approved" in paragraphs 13CQ(2A)(b) and (c). This item is consequential to item 134.

Item 136 - After subregulation 13CQ(2A)

This item inserts new subregulation 13CQ(2B) to provide that the Foreign Secretary may, in writing, approve a form for the purposes of subregulation 13CQ(2A) (instead of the Comptroller-General of Customs), being a form for the application for permission to export goods subject to export control under regulation 13CQ.

Items 137 and 138 - Subregulation 13CQ(5)

These items insert "or an authorised person" and "or authorised person" after "Foreign Minister" in subregulation 13CQ(5). This ensures that an authorised person may revoke or modify a permission that they grant for the purposes of subregulation 13CQ(2).

Item 139 - Subregulation 13CQ(6)

This item inserts "in writing" after "may" in subregulation 13CQ(6). This ensures that an authorisation by the Foreign Minister must be in writing.

Item 140 - Subregulation 13CQ(6)

This item substitutes "of the Department of Foreign Affairs and Trade" with "or acting SES employee in the Foreign Department" in subregulation 13CQ(6). This item is consequential to item 101.

Item 141 - Regulation 13CR

This item repeals regulation 13CR, which prohibited the exportation of certain goods to Eritrea under section 112 of the Customs Act.

This reflects that the relevant sanction measures have ceased to have effect.

Item 142 - Paragraph 13CS(4)(a)

This item substitutes "approved form" with "form approved under subregulation (4A)" in paragraph 13CS(4)(a). This item complements item 144, which provides for the Foreign Secretary to approve the form by which an application for permission to export goods subject to export control under regulation 13CS is to be made.

Item 143 - Paragraphs 13CS(4)(b) and (c)

This item removes "approved" in paragraphs 13CS(4)(b) and (c). This item is consequential to item 142.

Item 144 - After subregulation 13CS(4)

This item inserts new subregulation 13CS(4A) to provide that the Foreign Secretary may, in writing, approve a form for the purposes of subregulation 13CS(4) (instead of the Comptroller-General of Customs), being a form for the application for permission to export goods subject to export control under regulation 13CS.

Items 145 and 146 - Subregulation 13CS(7)

These items insert "or an authorised person" and "or authorised person" after "Foreign Minister" in subregulation 13CS(7). This ensures that an authorised person may revoke or modify a permission that they grant for the purposes of subregulation 13CS(3).

Items 147 - Subregulation 13CS(8)

This item inserts "in writing" after "may" in subregulation 13CS(8). This ensures that an authorisation by the Foreign Minister must be in writing.

Item 148 - Subregulation 13CS(8)

This item substitutes "of the Department administered by the Foreign Minister" with "in the Foreign Department" in subregulation 13CS(8). This item is consequential to item 101.

Item 149 - Paragraph 13CT(4)(a)

This item substitutes "approved form" with "form approved under subregulation (4A)" in paragraph 13CT(4)(a). This item complements item 151, which provides for the Foreign Secretary to approve the form by which an application for permission to export goods subject to export control under regulation 13CT is to be made.

Item 150 - Paragraphs 13CT(4)(b) and (c)

This item removes "approved" in paragraphs 13CT(4)(b) and (c). This item is consequential to item 149.

Item 151 - After subregulation 13CT(4)

This item inserts new subregulation 13CT(4A) to provide that the Foreign Secretary may, in writing, approve a form for the purposes of subregulation 13CT(4) (instead of the Comptroller-General of Customs), being a form for the application for permission to export goods subject to export control under regulation 13CT.

Items 152 and 153 - Subregulation 13CT(7)

These items insert "or an authorised person" and "or authorised person" after "Foreign Minister" in subregulation 13CT(7). This ensures that an authorised person may revoke or modify a permission that they grant for the purposes of subregulation 13CT(3).

Items 154 - Subregulation 13CT(8)

This item inserts "in writing" after "may" in subregulation 13CT(8). This ensures that an authorisation by the Foreign Minister must be in writing.

Item 155 - Subregulation 13CT(8)

This item substitutes "of the Department administered by the Foreign Minister" with "in the Foreign Department" in subregulation 13CT(8). This item is consequential to item 101.

Item 156 - At the end of Division 3 of Part 3

This item inserts new goods the exportation of which is prohibited under section 112 of the Customs Act.

New regulation 13CU prohibits the exportation of arms or related matériel to Haiti to reflect the arms embargo imposed by paragraph 2 of Resolution 2752 (2024).

New subregulation 13CU(1) defines an authorised person to mean a person authorised under subregulation 13CU(9).

New subregulation 13CU(2) refers to goods that are arms or related matériel not listed in the defence and strategic goods list, whose immediate or final destination is, or is intended to be Haiti.

New subregulation 13CU(3) provides that the exportation of the goods mentioned in subregulation 13CU(2) is prohibited unless the written permission of the Foreign Minister or an authorised person is shown to a Collector at or before the time of exportation.

New subregulation 13CU(4) provides that an application for permission of the Foreign Minister or an authorised person under subregulation 13CU(3) must be in the form approved under subregulation 13CU(5), contain the information required by the form, and signed.

New subregulation 13CU(5) provides that the Foreign Secretary may, in writing, approve a form for the purposes of subregulation 13CU(4) (instead of the Comptroller-General of Customs).

New subregulation 13CU(6) provides that a permission to export goods granted under subregulation 13CU(3) may state conditions or requirements, including time for compliance to which the exportation is subject, the quantity of the goods that may be exported, and the circumstances in which the goods may be exported.

New subregulation 13CU(7) requires the Foreign Minister or authorised person to take into account Australia's relations with other countries and Australia's obligations under international law before granting permission to export the goods. This is separate to any requirement to grant a permit under the Charter of the United Nations (Sanctions – Haiti) Regulations 2025.

New subregulation 13CU(8) provides that the Foreign Minister or authorised person may revoke or modify a permission under subregulation 13CU(3) if the Foreign Minister or authorised person is satisfied on reasonable grounds that a condition or requirement of the permit has not been complied with or is unlikely to be complied with unless modified, or permitting or continuing to permit the exportation of goods in accordance with the permission would breach Australia's international obligations or otherwise damage Australia's international relations.

New subregulation 13CU(9) provides that the Foreign Minister may, in writing, authorise an SES employee or acting SES employee of the Foreign Department, being a person with sufficient knowledge and expertise to grant permissions under this regulation, having regard to the matters mentioned in subregulation 13CU(7).

New regulation 13CV prohibits the exportation of arms or related matériel to Iraq to reflect the arms embargo imposed by paragraph 3 of Resolution 661 (1990) (as amended by Resolutions 778 (1992), 1483 (2003), 1518 (2003) and 1546 (2004)).

New subregulation 13CV(1) defines an authorised person to mean a person authorised under subregulation 13CV(9).

New subregulation 13CV(2) refers to goods that are arms or related matériel not listed in the defence and strategic goods list, whose immediate or final destination is, or is intended to be Iraq.

New subregulation 13CV(3) provides that the exportation of the goods mentioned in subregulation 13CV(2) is prohibited unless the written permission of the Foreign Minister or an authorised person is shown to a Collector at or before the time of exportation.

New subregulation 13CV(4) provides that an application for permission of the Foreign Minister or an authorised person under subregulation 13CV(3) must be in the form approved under subregulation 13CV(5), contain the information required by the form, and signed.

New subregulation 13CV(5) provides that the Foreign Secretary may, in writing, approve a form for the purposes of subregulation 13CV(4) (instead of the Comptroller-General of Customs).

New subregulation 13CV(6) provides that a permission to export goods granted under subregulation 13CV(3) may state conditions or requirements, including time for compliance to which the exportation is subject, the quantity of the goods that may be exported, and the circumstances in which the goods may be exported.

New subregulation 13CV(7) requires the Foreign Minister or authorised person to take into account Australia's relations with other countries and Australia's obligations under international law before granting permission to export the goods. This is separate to any requirement to grant a permit under the Charter of the United Nations (Sanctions – Iraq) Regulations 2008.

New subregulation 13CV(8) provides that the Foreign Minister or authorised person may revoke or modify a permission under subregulation 13CV(3) if the Foreign Minister or authorised person is satisfied on reasonable grounds that a condition or requirement of the permit has not been complied with or is unlikely to be complied with unless modified, or permitting or continuing to permit the exportation of goods in accordance with the permission would breach Australia's international obligations or otherwise damage Australia's international relations.

New subregulation 13CV(9) provides that the Foreign Minister may, in writing, authorise an SES employee or acting SES employee of the Foreign Department, being a person with sufficient knowledge and expertise to grant permissions under this regulation, having regard to the matters mentioned in subregulation 13CV(7).

New regulation 13CW prohibits the exportation of arms or related matériel to Somalia to reflect the arms embargo imposed by paragraph 4 of Resolution 2713 (2023).

New subregulation 13CW(1) defines an authorised person to mean a person authorised under subregulation 13CW(9).

New subregulation 13CW(2) refers to goods that are arms or related matériel not listed in the defence and strategic goods list, whose immediate or final destination is, or is intended to be Somalia.

New subregulation 13CW(3) provides that the exportation of the goods mentioned in subregulation 13CW(2) is prohibited unless the written permission of the Foreign Minister or an authorised person is shown to a Collector at or before the time of exportation.

New subregulation 13CW(4) provides that an application for permission of the Foreign Minister or an authorised person under subregulation 13CW(3) must be in the form approved under subregulation 13CW(5), contain the information required by the form, and signed.

New subregulation 13CW(5) provides that the Foreign Secretary may, in writing, approve a form for the purposes of subregulation 13CW(4) (instead of the Comptroller-General of Customs).

New subregulation 13CW(6) provides that a permission to export goods granted under subregulation 13CW(3) may state conditions or requirements, including time for compliance to which the exportation is subject, the quantity of the goods that may be exported, and the circumstances in which the goods may be exported.

New subregulation 13CW(7) requires the Foreign Minister or authorised person to take into account Australia's relations with other countries and Australia's obligations under international law before granting permission to export the goods. This is separate to any requirement to grant a permit under the Charter of the United Nations (Sanctions – Al-Shabaab) Regulations 2008.

New subregulation 13CW(8) provides that the Foreign Minister or authorised person may revoke or modify a permission under subregulation 13CW(3) if the Foreign Minister or authorised person is satisfied on reasonable grounds that a condition or requirement of the permit has not been complied with or is unlikely to be complied with unless modified, or permitting or continuing to permit the exportation of goods in accordance with the permission would breach Australia's international obligations or otherwise damage Australia's international relations.

New subregulation 13CW(9) provides that the Foreign Minister may, in writing, authorise an SES employee or acting SES employee of the Foreign Department, being a person with sufficient knowledge and expertise to grant permissions under this regulation, having regard to the matters mentioned in subregulation 13CW(7).

New regulation 13CX prohibits the exportation of arms or related matériel to South Sudan to reflect the arms embargo imposed by paragraph 4 of Resolution 2428 (2018).

New subregulation 13CX(1) defines an authorised person to mean a person authorised under subregulation 13CX(9).

New subregulation 13CX(2) refers to goods that are arms or related matériel not listed in the defence and strategic goods list, whose immediate or final destination is, or is intended to be South Sudan.

New subregulation 13CX(3) provides that the exportation of the goods mentioned in subregulation 13CX(2) is prohibited unless the written permission of the Foreign Minister or an authorised person is shown to a Collector at or before the time of exportation.

New subregulation 13CX(4) provides that an application for permission of the Foreign Minister or an authorised person under subregulation 13CX(3) must be in the form approved under subregulation 13CX(5), contain the information required by the form, and signed.

New subregulation 13CX(5) provides that the Foreign Secretary may, in writing, approve a form for the purposes of subregulation 13CX(4) (instead of the Comptroller-General of Customs).

New subregulation 13CX(6) provides that a permission to export goods granted under subregulation 13CX(3) may state conditions or requirements, including time for compliance to which the exportation is subject, the quantity of the goods that may be exported, and the circumstances in which the goods may be exported.

New subregulation 13CX(7) requires the Foreign Minister or authorised person to take into account Australia's relations with other countries and Australia's obligations under international law before granting permission to export the goods. This is separate to any requirement to grant a permit under the Charter of the United Nations (Sanctions–South Sudan) Regulation 2015.

New subregulation 13CX(8) provides that the Foreign Minister or authorised person may revoke or modify a permission under subregulation 13CX(3) if the Foreign Minister or authorised person is satisfied on reasonable grounds that a condition or requirement of the permit has not been complied with or is unlikely to be complied with unless modified, or permitting or continuing to permit the exportation of goods in accordance with the permission would breach Australia's international obligations or otherwise damage Australia's international relations.

New subregulation 13CX(9) provides that the Foreign Minister may, in writing, authorise an SES employee or acting SES employee of the Foreign Department, being a person with sufficient knowledge and expertise to grant permissions under this regulation, having regard to the matters mentioned in subregulation 13CX(7).

Decisions to grant permission to export prohibited goods under new subregulations 13CU(3), 13CV(3), 13CW(3) and 13CX(3) are not subject to merits review. Decisions of this kind involve consideration of sensitive political issues because they may affect Australia's relations with other countries as well as Australia's international law obligations. These are matters that would be within the peculiar knowledge of the Minister or their delegates, who are well-versed in matters relating to foreign relations.

Despite the above, decisions under new subregulations 13CU(3), 13CV(3), 13CW(3) and 13CX(3) would be subject to judicial review under section 39B of the Judiciary Act and paragraph 75(v) of the Constitution. Such decisions would also be reviewable under the ADJR Act.

Item 157 - At the end of Part 4

This item inserts a new regulation 15 permitting the Foreign Secretary to delegate their functions or powers under the Prohibited Exports Regulations.

New subregulation 15(1) provides that the Foreign Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Foreign Department one or more of the Foreign Secretary's functions or powers under the Regulations.

The note under subregulation 15(1) draws the reader's attention to sections 34AA to 34A of the Acts Interpretation Act 1901, which concerns delegations.

New subregulation 15(2) provides that a person performing the functions or exercising powers under a delegation under subregulation 15(1) must comply with any written directions of the Foreign Secretary under subregulation 15(3).

New subregulation 15(3) provides that the Foreign Secretary may, in writing, give directions for the purposes of subregulation 15(2).

Item 158 - At the end of Part 5

This item inserts new regulation 27 to save any instruments made under subsection 4A(1) of the Customs Act for regulations 13CI, 13CL, 13CM, 13CO, 13CP, 13CQ, 13CS and 13CT and authorisations given under subregulations 13CQ(6), 13CS(8) and 13CT(8) of the old regulations.

Subregulation 27(1) inserts a definition for "amending regulations", "commencement time", "new regulations" and "old regulations".

Subregulation 27(2) provides that an instrument that was made under subsection 4A(1) of the Customs Act and was in force immediately before the commencement of regulation 27 and approved the approved form mentioned in the provision of the old regulations mentioned in column 1 of an item of the table in subregulation 27(2), continues in force and may be dealt with on and after the commencement of regulation 27 as if it had been made under the provision of the new regulations mentioned in column 2 of the item in the table.

Customs (Prohibited Imports) Regulations 1956

Item 159 - Subregulation 2(1)

This item inserts definitions of "Foreign Department", "Foreign Minister" and "Foreign Secretary" in subregulation 2(1).

Item 160 - Subregulation 4Y(1) (definition of authorised person)

This item substitutes "Department of Foreign Affairs and Trade" with "Foreign Department" in the definition of "authorised person" in subregulation 4Y(1). This item is consequential to item 159.

Item 161 - Subregulation 4Y(1) (definition of Foreign Minister)

This item repeals the definition of "Foreign Minister" in subregulation 4Y(1). This item is consequential to item 159.

Item 162 - Paragraph 4Y(2A)(a)

This item substitutes "approved form" with "form approved under subregulation (2B)" in paragraph 4Y(2A)(a). This item complements item 164, which provides for the Foreign Secretary to approve the form by which an application for permission to import goods subject to import control under regulation 4Y is to be made.

Item 163 - Paragraphs 4Y(2A)(b) and (c)

This item removes "approved" from paragraphs 4Y(2A)(b) and (c). This item is consequential to item 162.

Item 164 - After subregulation 4Y(2A)

This item inserts new subregulation 4Y(2B) to provide that the Foreign Secretary may, in writing, approve a form for the purposes of subregulation 4Y(2A) (instead of the Comptroller-General of Customs), being a form for the application for permission to import goods subject to import control under regulation 4Y.

Item 165 - Subregulation 4Y(5)

This item inserts "or an authorised person" after "Foreign Minister" in subregulation 4Y(5). This ensures that an authorised person may revoke or modify a permission that they grant for the purposes of subregulation 4Y(2).

Item 166 - Subregulation 4Z(1) (definition of authorised person)

This item substitutes "Department administered by the Foreign Minister" with "Foreign Department" in the definition of authorised person in subregulation 4Z(1). This item is consequential to item 159.

Item 167 - Subregulation 4Z(1) (definition of Foreign Minister)

This item repeals the definition of "Foreign Minister" in subregulation 4Z(1). This item is consequential to item 159.

Item 168 - Paragraph 4Z(2A)(a)

This item substitutes "approved form" with "form approved under subregulation (2B)" in paragraph 4Z(2A)(a). This item complements item 170, which provides for the Foreign Secretary to approve the form by which an application for permission to import goods subject to import control under regulation 4Z is to be made.

Item 169 - Paragraphs 4Z(2A)(b) and (c)

This item removes "approved" in paragraphs 4Z(2A)(b) and (c). This item is consequential to item 168.

Item 170 - After subregulation 4Z(2A)

This item inserts new subregulation 4Z(2B) to provide that the Foreign Secretary may, in writing, approve a form for the purposes of subregulation 4Z(2A) (instead of the Comptroller-General of Customs), being a form for the application for permission to import goods subject to import control under regulation 4Z.

Item 171 - Subregulation 4Z(5)

This item inserts "or an authorised person" after "Foreign Minister" in subregulation 4Z(5). This ensures that an authorised person may revoke or modify a permission that they grant for the purposes of subregulation 4Z(2).

Item 172 - Regulation 4ZA

This item repeals regulation 4ZA, which prohibited the importation of arms or related matériel from Eritrea under section 50 of the Customs Act.

This reflects that the relevant sanction measure has ceased to have effect.

Item 173 - Subregulation 4ZB(1) (definition of Foreign Minister)

This item repeals the definition of "Foreign Minister" in subregulation 4ZB(1). This item is consequential to item 159.

Item 174 - Paragraph 4ZB(3)(a)

This item substitutes "approved form" with "form approved under subregulation (3A)" in paragraph 4ZB(3)(a). This item complements item 176, which provides for the Foreign Secretary to approve the form by which an application for permission to import goods subject to import control under regulation 4ZB is to be made.

Item 175 - Paragraphs 4ZB(3)(b) and (c)

This item removes "approved" in paragraphs 4ZB(3)(b) and (c). This item is consequential to item 174.

Item 176 - After subregulation 4ZB(3)

This item inserts new subregulation 4ZB(3A) to provide that the Foreign Secretary may, in writing, approve a form for the purposes of subregulation 4ZB(3A) (instead of the Comptroller-General of Customs), being a form for the application for permission to import goods subject to import control under regulation 4ZB.

Items 177 and 178 - Subregulation 4ZB(6)

These items insert "or an authorised person" and "or authorised person" after "Foreign Minister" in subregulation 4ZB(6). This ensures that an authorised person may revoke or modify a permission that they grant for the purposes of subregulation 4ZB(2).

Item 179 - Subregulation 4ZB(7)

This item inserts "in writing" after "may" in subregulation 4ZB(7). This ensures that an authorisation by the Foreign Minister must be in writing.

Item 180 - Subregulation 4ZB(7)

This item replaces "of the Department administered by the Foreign Minister" with "Foreign Department" in the definition of authorised person in subregulation 4ZB(7). This item is consequential to item 159.

Item 181 - After regulation 4ZB

This item inserts new goods the importation of which is prohibited under section 50 of the Customs Act.

New regulation 4ZC prohibits the importation of charcoal from Somalia consistent with Australia's obligations under paragraph 22 of Resolution 2036 (2012).

New subregulation 4ZC(1) defines "authorised person" to mean a person authorised under subregulation 4ZC(8).

New subregulation 4ZC(2) provides that the importation from Somalia of charcoal is prohibited unless the written permission of the Foreign Minister or an authorised person is produced to a Collector at or before the time of importation.

New subregulation 4ZC(3) provides that an application for permission of the Foreign Minister or an authorised person under subregulation 4ZC(2) must be in the form approved under subregulation 4ZC(4), contain the information required by the form, and signed.

New subregulation 4ZC(4) provides that the Foreign Secretary may, in writing, approve a form for the purposes of subregulation 4ZC(3) (instead of the Comptroller-General of Customs).

New subregulation 4ZC(5) provides that a permission to import charcoal granted under subregulation 4ZC(2) may specify for importation conditions or requirements, including times for compliance to which the importation is subject, the quantity of the goods that may be imported, and the circumstances in which the goods may be imported.

New subregulation 4ZC(6) provides that when deciding whether to grant a permit under subregulation 4ZC(2), the Foreign Minister or authorised person must take into account Australia's relations with other countries and Australia's obligations under international law. This is separate to any requirement to grant a permit under the Charter of the United Nations (Sanctions–Al-Shabaab) Regulations 2008.

New subregulation 4ZC(7) provides that the Foreign Minister or authorised person may revoke or modify a permission under subregulation 4ZC(2) if the Foreign Minister or authorised person is satisfied on reasonable grounds that a condition or requirement of the permit has not been complied with or is unlikely to be complied with unless modified, or permitting or continuing to permit the importation of goods in accordance with the permission would breach Australia's international obligations or otherwise damage Australia's international relations.

New subregulation 4ZC(8) provides that the Foreign Minister may, in writing, authorise an SES employee or acting SES employee of the Foreign Department, being a person with sufficient knowledge and expertise to grant permissions under this regulation, having regard to the matters mentioned in subregulation 4ZC(6).

Decisions to grant permission to import prohibited goods under new subregulation 4ZC(3) are not subject to merits review. Decisions of this kind involve consideration of sensitive political issues because they may affect Australia's relations with Somalia, as well as Australia's international law obligations. These are matters that would be within the peculiar knowledge of the Minister or their delegates, who are well-versed in matters relating to foreign relations.

Despite the above, decisions under new subregulation 4ZC(2) would be subject to judicial review under section 39B of the Judiciary Act and paragraph 75(v) of the Constitution. Such decisions would also be reviewable under the ADJR Act.

Item 182 - Subregulation 5J(1) (paragraph (a) of the definition of authorised person)

This item substitutes "or SES employee of the Department of Foreign Affairs and Trade" with "in the Foreign Department" in paragraph (a) of the definition of "authorised person" in subregulation 5J(1). This item is consequential to item 159.

Item 183 - Subregulation 5J(1) (paragraphs (a) and (b) of the definition of authorised person)

This item substitutes "Minister for Foreign Affairs" with "Foreign Minister" in paragraphs (a) and (b) of the definition of "authorised person" in subregulation 5J(1). This item is consequential to item 159.

Item 184 - Subregulation 5J(1) (paragraph (b) of the definition of authorised person)

This item inserts "Foreign" before the second occurring "Minister" in paragraph (b) of the definition of "authorised person" in subregulation 5J(1). This item is consequential to item 159.

Item 185 - Paragraphs 5J(2A)(a) and (2AA)(a)

This item substitutes "Minister for Foreign Affairs" with "Foreign Minister" in paragraphs 5J(2A)(a) and (2AA)(a). This item is consequential to item 159.

Item 186 - Subregulation 5J(2B)

This item inserts "Foreign" before "Minister" in subregulation 5J(2B). This item is consequential to item 159.

Item 187 - Paragraph 5J(3)(a)

This item substitutes "Minister for Foreign Affairs" with "Foreign Minister" in paragraph 5J(3)(a). This item is consequential to item 159.

Item 188 - Paragraph 5J(3)(b)

This item substitutes "that Minister" with "the Foreign Minister" in paragraph 5J(3)(b). This item is consequential to item 159.

Item 189 - Subregulation 5J(5)

This item substitutes "Minister for Foreign Affairs" with "Foreign Minister or an authorised person" in subregulation 5J(5). This ensures that an authorised person may revoke or modify a permission that they grant for the purposes of regulation 5J.

Item 190 - After regulation 6

This item inserts new regulation 7 permitting the Foreign Secretary to delegate their functions or powers under the Prohibited Imports Regulations.

New subregulation 7(1) provides that the Foreign Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Foreign Department one or more of the Foreign Secretary's functions or powers under the Regulations.

The note under subregulation 7(1) draws the reader's attention to sections 34AA to 34A of the Acts Interpretation Act 1901, which concerns delegations.

New subregulation 7(2) provides that a person performing the functions or exercising powers under a delegation under subregulation 7(1) must comply with any written directions of the Foreign Secretary under subregulation 7(3).

New subregulation 7(3) provides that the Foreign Secretary may, in writing, give directions for the purposes of subregulation 7(2).

Item 191 - After regulation 21

This item inserts new regulation 22 to save any instruments made under subsection 4A(1) of the Customs Act for regulations 4Y, 4Z and 4ZB and authorisations made under subregulation 4ZB(7).

Subregulation 22(1) inserts a definition for "amending regulations", "commencement time", "new regulations" and "old regulations".

Subregulation 22(2) provides that an instrument that was made under subsection 4A(1) of the Act and was in force immediately before the commencement of regulation 22 and approved the approved form mentioned in the provision of the old regulations mentioned in column 1 of an item of the table in subregulation 22(2), continues in force on and after the commencement of regulation 22 as if it have been made under the provision of the new regulations mentioned in column 2 of the item in the table.

Part 2 – Repeals

Charter of the United Nations (Sanctions–Mali) Regulations 2018

Item 192 - The whole of the instrument

This item repeals the whole instrument.

This gives effect to expiry of the corresponding UNSC sanctions framework on 31 August 2023.

Schedule 2 – Iran

Part 1 – Main amendments

Charter of the United Nations (Dealing with Assets) Regulations 2008

Item 1 - Regulation 4 (paragraph (f) of the definition of Sanctions Regulations)

This item repeals paragraph (f) of the definition of "Sanctions Regulations" in regulation 4 and substitutes it with "the Charter of the United Nations (Sanctions—Iran) Regulations 2025".

This amendment to the definition of "Sanctions Regulations" is necessary to define various permissible dealings mentioned in the Charter of the United Nations (Sanctions—Iran) Regulations 2025 ( Iran Regulations ) and is consequential to changes to the Iran framework, as a result of paragraph 12 of Resolution 2231 (2015).

Customs (Prohibited Exports) Regulations 1958

Item 2 - Subregulation 13CQ(1)

This item amends the definition of listed goods to reflect changes to the scope of goods the exportation of which is prohibited under the UNSC sanctions framework for Iran.

New subregulation 13CQ(1) defines, in particular, "listed goods" to mean export sanctioned goods or goods (within the meaning of the Customs Act) specified in a prohibition notice (within the meaning of the Iran Regulations) that is in force.

New subregulation 13CQ(1) also defines "export sanctioned goods", and "specified entity". The definition of "export sanctioned goods" covers both goods that are export sanctioned goods within Iran Regulations and goods that contain export sanctioned technology. The term "export sanctioned technology" is defined to mean export sanctioned goods within the meaning of the Iran Regulations that are technology. The term "specified entity" has the same meaning as in the Iran Regulations.

Item 3 - Paragraph 13CQ(2AA)(c)

This item updates the reference to the old Charter of the United Nations (Sanctions—Iran) Regulations 2008 with the Iran Regulations.

Customs (Prohibited Imports) Regulations 1956

Item 4 - Subregulation 4Z(1) (definition of arms or related matériel)

This item repeals the definition of "arms or related matériel" in subregulation 4Z(1) which is no longer used. This item is consequential to item 2.

Item 5 - Subregulation 4Z(1)

This item introduces a definition for "import sanctioned goods" in subregulation 4Z(1). It would include goods (within the meaning of the Customs Act) that are import sanctioned goods (within the meaning of the Iran Regulations) and goods that contain import sanctioned technology. The term "Import sanctioned technology" means import sanctioned goods (within the meaning of the Iran Regulations) that are technology.

Item 6 - Subregulation 4Z(1) (definition of paramilitary equipment)

This item repeals the definition of "paramilitary equipment" in subregulation 4Z(1) which is no longer used. This item is consequential to item 2.

Item 7 - Subregulation 4Z(2)

This item repeals and replaces subregulation 4Z(2). It provides that the importation from Iran, of import sanctioned goods is prohibited unless the permission, in writing, of the Foreign Minister or an authorised person is produced to a Collector at or before the time of importation.

This aligns with the prohibition on making a sanctioned import under the Iran Regulations.

Part 2 – Repeals

Charter of the United Nations (Sanctions—Iran) Regulation 2016

Item 8 - The whole of the instrument

This item repeals the whole instrument.

This reflects that the instrument has been replaced by the Iran Regulations following the application of paragraph 12 of Resolution 2231 (2015).

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Charter of the United Nations Legislation Amendment (Sanctions) Regulations 2026

This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Disallowable Legislative Instrument

The Charter of the United Nations Act 1945 ( the COTUNA ) provides legislative approval for the Charter of the United Nations ( the Charter ) in Australian law. Section 6 of the COTUNA provides that the Governor-General may make regulations to give effect to decisions of the United Nations Security Council ( the UNSC ) under Chapter VII of the Charter that Australia is required to carry out under Article 25 of the Charter in so far as those decisions require Australia to apply measures not involving the use of armed force.

The Customs Act 1901 ( the Customs Act ) concerns customs-related functions. It is the legislative authority that sets out the customs requirements for the importation to and exportation from Australia. Subsection 270(1) of the Customs Act provides that the Governor-General may make regulations not inconsistent with the Act prescribing all matters, which are required or permitted to be prescribed or as may be necessary or convenient to be prescribed for giving effect to the Customs Act.

Subsection 50(1) of the Customs Act provides that the Governor-General may, by regulation, prohibit the importation of goods into Australia. Subsection 112(1) of the Customs Act provides that the Governor-General may make regulations prohibiting the exportation of goods from Australia.

Section 233BABAA of the Customs Act provides that the regulations may prescribe specified goods as UN-sanctioned goods where, among other things, the goods are prescribed as prohibited by the Customs (Prohibited Imports) Regulations 1956 ( the Prohibited Imports Regulations ) or the Customs (Prohibited Exports) Regulations 1958 ( the Prohibited Exports Regulations ). UN-sanctioned goods are subject to special offences in section 233BABAB and section 233BABAC of the Customs Act.

The purpose of the Charter of the United Nations Legislation Amendment (Sanctions) Regulations 2026 ( the Regulations ) is to amend regulations made under the COTUNA and the Customs Act to give effect to UNSC resolutions relating to sanctions that Australia is required to carry out under Article 25 of the Charter and have not previously been implemented under Australian domestic law.

The Regulations, amongst other things:

•

update the arms embargo under the Charter of the United Nations (Sanctions – Central African Republic) Regulation 2014, the Charter of the United Nations (Sanctions – Democratic Republic of the Congo) Regulations 2008, the Charter of the United Nations (Sanctions – Iraq) Regulations 2008, the Charter of the United Nations (Sanctions – Somalia) Regulations 2008, the Charter of the United Nations (Sanctions – South Sudan) Regulation 2015 and the Charter of the United Nations (Sanctions – Yemen) Regulation 2014;

•

update the scope of targeted financial sanctions under the Charter of the United Nations (Sanctions – Lebanon) Regulations 2008, the Charter of the United Nations (Sanctions – Sudan) Regulations 2008 and the Charter of the United Nations (Sanctions–the Taliban) Regulation 2013;

•

update the scope of sanctioned services under the Charter of the United Nations (Sanctions – Lebanon) Regulations 2008 and the Charter of the United Nations (Sanctions – Libya) Regulations 2011;

•

update the Charter of the United Nations (Sanctions – Libya) Regulations 2011 to include a ban on port calls;

•

repeal the Charter of the United Nations (Sanctions – Mali) Regulations 2018 which expired on 31 August 2023; and

•

update references to UNSC resolutions in regulations made under the COTUNA to account for designations made under, or permits granted in accordance with future resolutions made for related purposes.

The Regulations also amend:

•

the Prohibited Exports Regulations to update the list of goods the exportation of which is prohibited by relevant UNSC resolutions under the Customs Act;

•

the Prohibited Imports Regulations to update the list of goods the importation of which is prohibited by relevant UNSC resolutions under the Customs Act; and

•

the Customs (International Obligations) Regulation 2015 to update the list of UN-sanctioned goods for the purposes of section 233BABAA of the Customs Act.

Human rights implications

The Regulations implement binding decisions of the UNSC pursuant to Chapter VII of the Charter, which Australia is required as a matter of international law to implement.

Accordingly, the Government considers that the Regulations are compatible with human rights because they promote the protection of human rights and implement binding decisions of the UNSC in accordance with Australia's international obligations. To the extent that they may limit human rights, the Government considers the measures contained in the Regulations are a reasonable, necessary and proportionate means of achieving the legitimate objective of the Regulations while giving effect to Australia's international obligations.

The human rights compatibility of the Regulations is addressed by reference to each of the human rights engaged below:

•

the right to privacy;

•

the right to equality and non-discrimination;

•

the right to protection from exploitation, violence and abuse; and

•

the right to an adequate standard of living.

Right to privacy

Article 17 of the International Covenant on Civil and Political Rights (the ICCPR) prohibits unlawful or arbitrary interferences with a person's privacy, family, home and correspondence.

The use of the term 'arbitrary' in the ICCPR means that any interferences with privacy must be in accordance with the provisions, aims and objectives of the ICCPR and should be reasonable in the individual circumstances. Arbitrariness connotes elements of injustice, unpredictability, unreasonableness, capriciousness and 'unproportionality'.^[1]

Permissible limitations

The Regulations are not an unlawful interference with an individual's right to privacy. The Regulations are made pursuant to section 6 of the COTUNA, which states that the Governor-General may make regulations for and in relation to giving effect to decisions that the Security Council makes under Chapter VII of the Charter and that Article 25 of the Charter requires Australia to carry out.

The UNSC (or established UN committees) are responsible for designating persons and entities for the imposition of targeted financial sanctions. The UNSC and relevant committees use predictable, publicly available criteria when designating a person as being subjected to such measures.

The imposition of targeted financial sanctions under the Regulations is reasonable, necessary and proportionate to the individual circumstances that the sanctions seek to address. Any interference with the right to privacy as a consequence of the operation of the Regulations is not arbitrary or unlawful and is consistent with Australia's obligations under Article 17 of the ICCPR.

Right to equality and non-discrimination

The right to equality and non-discrimination under Article 26 of the ICCPR provides that everyone is entitled to enjoy their rights without discrimination of any kind, and that people are equal before the law and are entitled without discrimination to the equal and non-discriminatory protection of the law.

Differential treatment (including the differential effect of a measure that is neutral on its face) will not constitute unlawful discrimination if the differential treatment is based on reasonable and objective criteria, serves a legitimate objective, and is a proportionate means of achieving that objective.

Permissible limitations

Any differential treatment of people as a consequence of the application of the Regulations does not amount to discrimination pursuant to Article 26 of the ICCPR.

The objective of the Regulations is to give effect to sanctions-related decisions of the UNSC in response to threats to the peace, breaches of the peace or acts of aggression, and to maintain or restore international peace and security.

In implementing targeted financial sanctions, it is possible that the Committee may make decisions that are more likely to target persons of certain nationalities or national origin. Any such difference in treatment on the basis of nationality or national origin would have an objective and justifiable basis and would be reasonable and proportionate in the circumstances of each case.

The measures are highly targeted, reasonable and objective and are supported by the international community. They only relate to matters that threaten international peace and security. Sanction measures are regularly reviewed and lifted where it is appropriate to do so, for example, the Regulations give effect to the partial lifting of the arms embargo for the Central African Republic, the Democratic Republic of the Congo, Somalia and South Sudan. The Regulations also repeals the sanctions framework relating to Mali.

In addition, item 67 of Schedule 1 could provide for differential treatment for persons in Somalia, who are more likely to be of Somali nationality, in respect of claims for breaches of contract or failure to perform transactions. However, new regulation 17 would only apply in respect of breaches or failure to perform transactions as a result of the Charter of the United Nations (Sanctions–Al-Shabaab) Regulations 2008 or because of resolutions relating to Al-Shabaab, as existing from time to time. Given those regulations and resolutions serve the legitimate objective of degrading the threat posed by Al-Shabaab, they are justified and not unlawful.

As such, the Regulations are a proportionate means of achieving the objectives of the relevant UNSC sanctions framework.

Right to protection from exploitation, violence and abuse

The right to protection from exploitation, violence and abuse is contained in article 20(2) of the ICCPR.

The Regulations support this right by lifting arms embargo on the Governments of the Central African Republic, the Democratic Republic of the Congo, Somalia and South Sudan, thereby allowing those governments to respond to, effectively manage, and reduce the ability of armed groups operating in their respective countries who incite discrimination, hostility and violence through the advocacy of national, racial and religious hatred.

Right to an adequate standard of living

The right to an adequate standard of living is contained in Article 11(1) of the International Covenant on Economic, Social and Cultural Rights (the ICESCR) and requires States to ensure the availability and accessibility of the resources that are essential to the realisation of the right, including access to food, water, clothing and housing.

Article 4 of ICESCR provides that this right may be subject to such limitations 'as are determined by law only in so far as this may be compatible with the nature of these rights and solely for the purpose of promoting the general welfare in a democratic society'. To be consistent with the ICESCR, limitations must be proportionate.

Permissible limitations

Any limitation on the enjoyment of Article 11(1), to the extent that it occurs, is reasonable and necessary to achieve the objective of the Regulations and is proportionate due to the targeted nature of the sanctions imposed.

Regulations made under the COTUNA give effect to various UNSC Resolutions that respond to threats to the peace, breaches of the peace and acts of aggression. These measures, which include economic and trade sanctions, and targeted financial sanctions are intended to apply pressure on the relevant governments to modify their conduct of international concern. To the extent that the imposition of such sanctions derogate from article 11(1) of the ICESCR, they are therefore justified and proportionate.

The Regulations provide some sanction relief, by allowing certain trade activities, or making assets available to designated persons or entities, where the conduct is engaged in solely for humanitarian purposes. Items 86 of Schedule 1 would allow a person to make an application for a permit to deal with assets, for the purpose of delivering humanitarian assistance or other activities that support basic human needs in Afghanistan, while item 91 of Schedule 1 would allow for a permit to make a sanctioned supply or provide a sanctioned service to facilitate the work of the UN and other humanitarian organisations in Yemen.

The ability for the Minister to grant a permit for humanitarian purposes would promote the right to an adequate standard of living by ensuring the availability and accessibility of the resources that are essential to accessing food, water, clothing and housing.

Conclusion

The Instrument is compatible with human rights because it promotes the protection of human rights, and to the extent that it may limit human rights, those limitations are reasonable, necessary and proportionate.