Charter of the United Nations Act 1945 Listing 2015 (No 1)

Overview

The Charter of the United Nations Act 1945 was enacted to facilitate Australia's participation in the United Nations and to provide a legislative framework for Australia's compliance with UN Security Council resolutions, including those related to international peace and security. The Act was introduced by the Australian Parliament to address the need for Australia to align its domestic legislation with its international obligations under the United Nations Charter. In 2015, the Minister for Foreign Affairs issued the Charter of the United Nations Act 1945 Listing 2015 (No. 1) under subsection 15(1) of the Act, aiming to implement United Nations Security Council Resolution 1373, which was adopted in the wake of the 11 September 2001 terrorist attacks. This listing is necessary to give effect to the UN Security Council's decision to combat terrorism by freezing assets and prohibiting support for listed entities such as Ansar Bayt al-Maqdis, also known by various other names including the Sinai Province and Islamic State – Sinai Province.

Scope and Application

The Charter of the United Nations Act 1945 Listing 2015 (No. 1) issued under the authority of the Minister for Foreign Affairs, Julie Bishop, provides for the listing of entities under subsection 15(1) of the Charter of the United Nations Act 1945. This Listing, which commenced upon its gazettal on 17 February 2015, is intended to implement paragraph 1(c) of United Nations Security Council Resolution 1373. The Schedule of the Listing includes the entity Ansar Bayt al-Maqdis, also known by several other names, which has been listed to enforce the decision of the United Nations Security Council. This legislative instrument applies to the specified entity, reflecting Australia's commitment to international obligations and the enforcement of United Nations sanctions. The scope of the Act is further defined by the Charter of the United Nations (Dealing with Assets) Regulations 2008, which requires the Minister to be satisfied that the listed entity meets the criteria set out in Resolution 1373 (2001).

Key Provisions

The Charter of the United Nations Act 1945 Listing 2015 (No. 1) represents a specific listing made under section 15 of the Charter of the United Nations Act 1945 (sections 1 and 2). This listing, which commences upon gazettal, pertains to the entity Ansar Bayt al-Maqdis, also known by several aliases such as Supporters of the Holy House and the Sinai Province (Schedule 1). The purpose of this listing is to implement paragraph 1(c) of United Nations Security Council Resolution 1373 (section 3). This resolution aims to prevent and suppress the financing of terrorist acts, and the listing of Ansar Bayt al-Maqdis is a measure to give effect to this international commitment. The listing imposes significant obligations on parties within Australia. It necessitates that any dealings with the listed entity, including financial transactions, be strictly prohibited. Any Australian citizen, permanent resident, or entity located in Australia must comply with this prohibition to avoid legal repercussions (Regulation 20 of the Charter of the United Nations (Dealing with Assets) Regulations 2008). This includes refraining from providing any form of support, directly or indirectly, to Ansar Bayt al-Maqdis. The listing also mandates that any assets belonging to the listed entity be frozen, and any information that could assist in identifying, locating, or dealing with such assets be reported to the relevant authorities. Failure to comply with the provisions of this listing can result in severe legal consequences. Individuals and entities found in breach of these provisions may face criminal charges. Under Australian law, the maximum penalty for contravening these provisions can include substantial fines and imprisonment. Specifically, the penalties may extend up to 50 penalty units for individuals and 500 penalty units for bodies corporate, reflecting the seriousness of the offence and the need to uphold international obligations aimed at combating terrorism. Additionally, civil penalties may also be imposed, further underscoring the importance of adherence to these legal requirements.