Charter of the United Nations Act 1945 Listing 2015 (No. 2)

Overview

The Charter of the United Nations Act 1945 Listing 2015 (No. 2) was issued by Julie Isabel Bishop, the Minister for Foreign Affairs, under subsection 15(1) of the Charter of the United Nations Act 1945. This listing was introduced to address the need to implement United Nations Security Council Resolution 1373 (2001), specifically paragraph 1(c) which pertains to the freezing of assets and preventing the provision of funds to entities and individuals associated with terrorism. This legislative measure is a response to the global imperative to combat terrorism by ensuring that Australia complies with international mandates to restrict the financial resources of entities and individuals involved in terrorist activities. The enactment of this listing is a demonstration of Australia's commitment to international cooperation in the fight against terrorism, reflecting the policy objective of aligning national actions with the directives of the United Nations Security Council.

Scope and Application

The Charter of the United Nations Act 1945 Listing 2015 (No. 2) applies to individuals and entities as specified in the listing, with the primary focus being on Neil Christopher Prakash, also known by several aliases including Abu Khalid al-Cambodi and Abdullah Al Khmeree. This listing is issued under subsection 15(1) of the Charter of the United Nations Act 1945, and it aims to enforce the decisions of the United Nations Security Council, specifically Resolution 1373 (2001). The listing, which includes details such as Prakash's date of birth, former addresses, citizenship status, and cancelled passport information, is intended to give effect to the measures outlined in paragraph 1(c) of the Security Council resolution. The listing is geographically broad, reflecting the international scope of the United Nations' mandates and Australia's obligations under international law. The listing is complemented by the Charter of the United Nations (Dealing with Assets) Regulations 2008, which provide a framework for the administration of the sanctions and maintain a list of all sanctioned persons, entities, and assets, accessible via the Department of Foreign Affairs and Trade’s website. This regulatory framework may extend or restrict the application of the Act through subordinate instruments, ensuring the enforcement mechanisms are comprehensive and up-to-date.

Key Provisions

The Charter of the United Nations Act 1945 Listing 2015 (No. 2) serves to implement a United Nations Security Council resolution by listing an individual under the Act. This listing, which is effective as of its gazette publication date, targets a specific person whose inclusion is deemed necessary to adhere to the provisions of United Nations Security Council Resolution 1373 (2001). This resolution, among other things, requires member states to prevent and suppress the financing of terrorist acts. The listed individual, Neil Christopher Prakash, is identified by various aliases and addresses, including locations in Syria, Iraq, and Australia. The listing notes his Australian citizenship and provides details of his passport and driver's licence, which have been cancelled or suspended. This inclusion under the Act imposes certain restrictions and obligations on Australian authorities and individuals regarding the listed person. The Act, through this listing, imposes obligations on Australian authorities to ensure that any assets or resources belonging to or controlled by Neil Christopher Prakash are frozen and inaccessible. It also requires Australian entities and individuals to report any transactions or dealings with the listed person. Additionally, there is an obligation on the Department of Foreign Affairs and Trade to maintain and publish a list of all individuals and entities listed under the Act. Breaching the provisions of this Act can lead to serious legal consequences. Under Australian law, penalties for contravening the Act include substantial fines and imprisonment. The specific penalties are outlined in other sections of the Act and related regulations, but they are designed to enforce compliance with international obligations under the United Nations Security Council resolutions. Failure to adhere to these provisions can result in civil or criminal liability, including potential prosecution for aiding or abetting listed individuals in contravening the Act.