Charter of the United Nations Act 1945 Listing Declaration (No. 1) 2016

Overview

The Charter of the United Nations Act 1945 Listing Declaration (No. 1) 2016, signed by Julie Bishop, the Minister for Foreign Affairs, was enacted to address the ongoing threat posed by entities associated with terrorism as outlined in United Nations Security Council Resolution 1373 (2001). The declaration, which commences upon signature, specifically targets the Al-Nusrah Front for the People of the Levant, previously known as the Al-Nusrah Front, identifying it as an entity mentioned in paragraph 1(c) of Resolution 1373 (2001) and reaffirms its listing under section 15 of the Charter of the United Nations Act 1945. This legislative measure is intended to ensure Australia's compliance with international obligations to combat terrorism by freezing assets and prohibiting dealings with listed entities. The declaration aligns with the policy objective of maintaining a consolidated list of sanctioned entities and assets, managed by the Department of Foreign Affairs and Trade, to enforce these measures effectively.

Scope and Application

The Charter of the United Nations Act 1945 Listing Declaration (No. 1) 2016, signed by the Minister for Foreign Affairs, Julie Bishop, aims to enforce the listing of entities under the Act, aligning with the United Nations Security Council's Resolution 1373 (2001). This Declaration applies to the entity specified in Schedule 1, the Al-Nusrah Front for the People of the Levant, formerly known as ‘Al-Nusrah Front’. The Act applies to any person or entity within the Commonwealth of Australia that is associated with the listed entity, thereby imposing legal obligations and restrictions on them. The geographic scope of this Act is national, as it pertains to entities operating within Australia, while also aligning with international obligations under the United Nations framework. The Act does not specify any exclusions or exemptions; however, it does extend its application through subordinate instruments, such as the Charter of the United Nations (Dealing with Assets) Regulations 2008, which provide detailed mechanisms for the implementation and enforcement of the sanctions.

Key Provisions

The main operative sections of the Charter of the United Nations Act 1945 Listing Declaration (No. 1) 2016 are Sections 2 and 3. Section 2 specifies that the declaration is named as the Charter of the United Nations Act 1945 Listing Declaration (No. 1) 2016, and Section 3 establishes the commencement of the declaration upon signature. Section 3 also identifies the entity listed under section 15A of the Act and confirms that it is an entity mentioned in paragraph 1(c) of United Nations Security Council resolution 1373 (2001). The declaration continues the effect of the listing of this entity under section 15 of the Act. The obligations and requirements imposed by this Act primarily revolve around the listing of entities under the Act and the maintenance of the consolidated list. Under section 20 of the Charter of the United Nations (Dealing with Assets) Regulations 2008, the Minister for Foreign Affairs must be satisfied on reasonable grounds that the listed entity is mentioned in paragraph 1(c) of Resolution 1373 (2001). Additionally, the Department of Foreign Affairs and Trade is tasked with maintaining a list of all persons, entities, assets, and classes of assets currently listed under section 15 of the Act and publishing this list on the internet. This ensures transparency and accessibility of the information for the public. Furthermore, the declaration specifies that the listed entity, Al-Nusrah Front for the People of the Levant, continues to be listed under the Act to give effect to the decision of the United Nations Security Council in paragraph 1(c) of resolution 1373 (2001). Breach of the provisions under the Charter of the United Nations Act 1945 can result in significant civil and criminal consequences. For instance, dealing with the listed entity's assets in contravention of the Act may result in fines and imprisonment. Under section 15 of the Act, the Minister for Foreign Affairs can list an entity whose assets are to be frozen. Dealing with these frozen assets without authorisation is an offence under section 15B of the Act, and can result in a fine of up to 5,000 penalty units or imprisonment for up to five years, or both. It is crucial for individuals and entities to comply with the Act to avoid these severe consequences. Additionally, listed entities have the right to request a statement of reasons for their listing and can apply to the Minister for Foreign Affairs to have their listing revoked if they believe it is unjustified.