Commonwealth Numbered Regulations

1994 No. 403 MIGRATION (REPUBLIC OF BOSNIA AND HERZEGOVINA-UNITED NATIONS SECURITY COUNCIL RESOLUTIONS) REGULATIONS - REG 5

5. (1) It is a criterion applicable (at the time of decision) to an
application for a visa of any class that the applicant meets:

   (a)  the requirements of subregulation (2) or (3); and

   (b)  the requirements of subregulation (4).

(2) An applicant meets the requirements of this subregulation if the applicant
is not:

   (a)  a person who is a member of the administration within the meaning of
        subregulation (8) of those areas of the Republic of Bosnia and
        Herzegovina under the control of Bosnian Serb forces; or

   (b)  a person who is an officer of the military or paramilitary forces of
        those areas of the Republic of Bosnia and Herzegovina under the
        control of Bosnian Serb forces; or

   (c)  a person who is acting on behalf of a person referred to in paragraph
        (a) or (b); or

   (d)  a person who after 23 September 1994 provides financial, material,
        logistical, military or other tangible support to Bosnian Serb forces,
        in violation of Resolutions 820 (1993) and 942 (1994) of the United
        Nations Security Council; or

   (e)  a person who:

        (i)    is in, or resident in, those areas of the Republic of Bosnia
               and Herzegovina under the control of Bosnian Serb forces; and

        (ii)   has violated or contributed to the violation of the measures
               set out in Resolutions 820 (1993) and 942 (1994) of the United
               Nations Security Council. (NOTE: 23 September 1993 was the date
               on which the United Nations Security Council adopted Resolution
               942 (1994).)

(3) An applicant meets the requirements of this subregulation if the Minister
is satisfied that granting the visa will not infringe Australia's obligations
under international law.

(4) An applicant meets the requirements of this subregulation if the Minister
is satisfied that the applicant will not engage, or would, if permitted to
enter Australia, be unlikely to engage within Australia, in an activity (other
than an activity referred to in subregulation (5)) that:

   (a)  involves the sale or supply of a commodity or product, or the
        provision of a service (including a financial transaction):

        (i)    to a person or organisation in those areas of the Republic of
               Bosnia and Herzegovina under the control of Bosnian Serb
               forces; or

        (ii)   to a person or organisation, whether in Australia or overseas,
               for the purposes (whether direct or indirect) of a business
               carried on in, or operated from, those areas of the Republic of
               Bosnia and Herzegovina under the control of Bosnian Serb
               forces; or

   (b)  promotes, or is calculated to promote, a sale or supply of that kind.

(5) Subregulation (4) does not apply to an activity that:

   (a)  relates solely to the sale or supply of:

        (i)    essential foodstuffs; or

        (ii)   goods intended solely for medical purposes; or

   (b)  relates solely to telecommunications, postal or legal services; or

   (c)  relates solely to the sale or supply of products for essential
        humanitarian needs; or

   (d)  is done in accordance with a permission under subregulation (6).

(6) The Minister may grant a permission in writing to an alien to engage in an
activity referred to in subregulation (4) if the Minister is satisfied that
permitting the activity will not infringe Australia's obligations under
international law.

(7) The Minister may, by written instrument, delegate his or her power under
subregulation (6) to an officer of the Department.

(8) In paragraph (2) (a), "administration" includes the legislative, judicial
and administrative authorities (if any) that the Bosnian Serb forces:

   (a)  have purported or may purport to establish in areas of the Republic of
        Bosnia and Herzegovina occupied by those forces; or

   (b)  have purported or may purport to continue in existence in those areas.