Charter of the United Nations Act 1945 Listing 2014 (No 1)

Overview

The Charter of the United Nations Act 1945 Listing 2014 (No. 1) was issued by Julie Isabel Bishop, the Minister for Foreign Affairs, on 13 November 2014, under subsection 15(1) of the Charter of the United Nations Act 1945. This listing was introduced to address the need to give effect to paragraph 1(c) of United Nations Security Council Resolution 1373, which pertains to the freezing of assets and prevention of financial support for listed individuals or entities involved in terrorism. The listing of specific individuals, such as Mohamed Mahmoud Elomar and Khaled Sharrouf, aims to implement the United Nations Security Council's decisions and regulations, as stipulated under the Charter of the United Nations (Dealing with Assets) Regulations 2008. The enactment of this legislation by the Parliament of Australia aligns with the policy objective of ensuring Australia's compliance with international obligations to combat terrorism. The listing of these individuals under the Charter of the United Nations Act 1945 reflects Australia's commitment to implementing sanctions and measures against those involved in terrorist activities, thereby contributing to global efforts to maintain international peace and security.

Scope and Application

The Charter of the United Nations Act 1945 Listing 2014 (No 1) issued by the Minister for Foreign Affairs under subsection 15(1) of the Act serves to list specific individuals whose assets are to be frozen in accordance with United Nations Security Council Resolution 1373. This listing, which comes into effect on gazettal, targets particular persons deemed necessary to implement the measures outlined in paragraph 1(c) of Resolution 1373. The listed individuals, Mohamed Mahmoud Elomar and Khaled Sharrouf, both Australian citizens born in Auburn, New South Wales, have had their Australian passports and driver's licenses either cancelled or suspended. The geographic and jurisdictional reach of this Act is international, aligning with the mandates of the United Nations Security Council. It is applicable to all persons and entities within the Commonwealth of Australia that are mentioned in the Schedule. Subordinate instruments, such as the Charter of the United Nations (Dealing with Assets) Regulations 2008, may extend or further define the application of this legislation, ensuring compliance with international obligations.

Key Provisions

The main operative sections of the Charter of the United Nations Act 1945 Listing 2014 (No. 1) require the listing of specific individuals to comply with United Nations Security Council Resolution 1373. Section 1 names the listing as the "Charter of the United Nations Act 1945 Listing 2014 (No 1)" and section 2 confirms that the listing commences upon gazettal. Section 3 specifies the individuals to be listed, including their names, aliases, dates and places of birth, addresses, citizenship, and additional identifying information such as passport and driver's licence numbers. These sections aim to ensure that Australia implements the decisions of the United Nations Security Council by identifying and listing individuals who are subject to certain sanctions or restrictions. The obligations imposed by this Act on the parties or entities it governs include adherence to the listing requirements as specified in Schedule 1. The Minister for Foreign Affairs must be satisfied, under Regulation 20 of the Charter of the United Nations (Dealing with Assets) Regulations 2008, that the individuals listed are those identified in paragraph 1(c) of Resolution 1373 (2001) of the United Nations Security Council. This involves verifying the identity and details of the listed individuals to ensure that the listing is accurate and complies with international obligations. Additionally, entities and individuals within Australia must refrain from dealing with the listed persons in any way that might contravene the sanctions or restrictions imposed by the United Nations. Breaches of the obligations or provisions of this Act can result in serious consequences. Although the Act itself does not explicitly detail offences or penalties, violations of the Act could potentially lead to civil or criminal liability under other relevant Australian laws, such as the Crimes Act 1914, or international law. For instance, aiding or abetting listed individuals in circumventing sanctions could result in penalties including fines and imprisonment. The severity of penalties would depend on the specific breach and the applicable laws under which the prosecution is brought.