Charter of the United Nations Act 1945 Listing 2019 (No. 1)

Overview

The Charter of the United Nations Act 1945, enacted in 1945, was introduced to provide the legal framework for Australia's participation in the United Nations and to facilitate the implementation of United Nations Security Council resolutions within Australian law. This Act empowers the Australian government to give effect to Security Council resolutions, including those related to sanctions and the freezing of assets. The enacting body for this legislation is the Parliament of Australia, reflecting the policy objective of aligning Australia's international obligations with domestic legal requirements. The 2019 listing under this Act, specifically the Charter of the United Nations Act 1945 Listing 2019 (No. 1), was issued by the Minister for Foreign Affairs to comply with United Nations Security Council Resolution 1373, targeting individuals associated with terrorism.

Scope and Application

The Charter of the United Nations Act 1945 Listing 2019 (No. 1) applies to individuals and entities listed in Schedule 1, specifically those whose inclusion is necessary to implement United Nations Security Council Resolution 1373 (2001). This listing is issued by the Minister for Foreign Affairs, and its primary aim is to freeze the assets of designated individuals or entities to prevent them from financing terrorism. The act applies nationally, with the Minister for Foreign Affairs having the authority to list individuals or entities under the authority of the Charter of the United Nations Act 1945. The listing is effective immediately upon gazettal, and the Department of Foreign Affairs and Trade maintains an updated list of all sanctioned individuals and entities, available on their website. The act allows for listed individuals or entities to request a statement of reasons for their inclusion on the list and to apply for the revocation of their listing. Additionally, the owner or holder of frozen assets may apply for a permit to use or deal with these assets under specific conditions, as outlined in the Charter of the United Nations (Dealing with Assets) Regulations 2008.

Key Provisions

The Charter of the United Nations Act 1945 Listing 2019 (No. 1) (C2019G00650) specifies the listing of individuals and entities under Section 15 of the Act (paragraph 2). This listing is necessary to comply with paragraph 1(c) of United Nations Security Council Resolution 1373 (2001). The listing includes an individual, Soheyb Laraibi, who is identified by various aliases and birth details, along with his former addresses and Australian passport number (paragraph 3). The listing came into effect immediately upon its publication in the Gazette on 19 July 2019 (paragraph 2). Under this Act, the Minister for Foreign Affairs is required to ensure that the listed individual's assets are subject to certain restrictions in line with international obligations (paragraph 3). The Act mandates the Department of Foreign Affairs and Trade to maintain and publish a consolidated list of all listed individuals, entities, and assets, which can be accessed online (Notes 2 and 3). Additionally, the Act provides a mechanism for listed individuals or entities to request a statement of reasons for their listing and apply for the revocation of their listing (Schedule 2). It also allows the owner or holder of frozen assets to apply for a permit to use or deal with those assets under specific conditions (Schedule 2). Failure to comply with the provisions of the Charter of the United Nations Act 1945 and its regulations can result in civil or criminal penalties. The Charter of the United Nations (Dealing with Assets) Regulations 2008, for instance, may impose fines and imprisonment for breaches such as dealing with listed assets without proper authorisation (Section 39). The maximum penalties for these offences can vary depending on the specific regulations and the nature of the breach. The Act and its related regulations aim to ensure that Australia adheres to its international obligations under United Nations Security Council resolutions.