Charter of the United Nations Act 1945 Listing 2018 (No. 2)

Overview

The Charter of the United Nations Act 1945, enacted by the Parliament of Australia, provides the legislative framework for Australia's adherence to the United Nations Charter. This Act was introduced to ensure that Australia could effectively participate in and contribute to international peacekeeping and security efforts as stipulated by the UN. In line with this, the 2018 listing under this Act aims to give effect to specific United Nations Security Council resolutions, particularly Resolution 1373 (2001), which targets the financing of terrorism. The enactment body, the Parliament, intends to align Australian domestic law with international obligations, thereby enhancing global efforts to combat terrorism. This legislative measure underscores Australia's commitment to international law and collective security initiatives.

Scope and Application

The Charter of the United Nations Act 1945 Listing 2018 (No. 2) applies to the listing of specific individuals and entities under the Charter of the United Nations Act 1945, to give effect to certain decisions of the United Nations Security Council. This particular listing targets an individual, Abraham Succarieh, who is subject to sanctions as per United Nations Security Council Resolution 1373. The listing, which came into effect upon gazettal, mandates that any assets belonging to or controlled by Mr. Succarieh are to be frozen in accordance with the Act. The listing is applicable across the Commonwealth of Australia and is enforced through the Charter of the United Nations (Dealing with Assets) Regulations 2008. These regulations provide the framework for the administration of the asset freezing measures, including the maintenance and publication of a consolidated list of all listed persons and entities. The Act does not specify any exclusions or thresholds; however, the scope of its application can be extended or restricted through subordinate instruments, such as regulations and notices made under the Act. The Act applies to any person or entity within Australia or subject to Australian jurisdiction that possesses or deals with assets of a listed individual or entity.

Key Provisions

The Charter of the United Nations Act 1945 Listing 2018 (No. 2) represents the latest update to the legislative framework that implements United Nations Security Council resolutions in Australia. This listing, as per section 15(1) of the Charter of the United Nations Act 1945 (the Act), targets specific individuals and entities that are deemed necessary to comply with the resolutions of the United Nations Security Council. In this instance, the listing pertains to a person, Abraham Succarieh, who is identified in Schedule 1 and is subject to measures under the Act to give effect to the requirements of United Nations Security Council Resolution 1373 (2001). This resolution is aimed at preventing and suppressing the financing of terrorist acts. The Act imposes several obligations on the parties it governs. For instance, the Act mandates the listing of individuals and entities as identified by the United Nations Security Council, which requires the freezing of their assets to prevent any financial transactions that could support terrorism. The listing of individuals and entities is to be overseen by the Minister for Foreign Affairs, who must be satisfied that the listed person or entity is indeed subject to the UN resolution. Additionally, the Department of Foreign Affairs and Trade is responsible for maintaining and publishing the list of all listed persons, entities, and assets on their website. The Act also provides mechanisms for listed persons or entities to request a statement of reasons for their listing and to apply for the revocation of their listing if they believe the decision was made in error. Failure to comply with the provisions of the Act can result in significant consequences. The Act does not explicitly state the penalties for breach; however, it is understood that breaches of the Act may result in civil or criminal penalties under other related Australian laws, such as the Charter of the United Nations Act 1945 and the Charter of the United Nations (Dealing with Assets) Regulations 2008. These regulations could impose fines and imprisonment, depending on the severity of the breach and the intent behind it. The precise penalties and enforcement mechanisms are detailed in the relevant regulations and other applicable Australian laws, ensuring that the Act's objectives are effectively upheld and violations are appropriately sanctioned.