Charter of the United Nations Act 1945 Listing Declaration (No. 1) 2017

Overview

The Charter of the United Nations Act 1945 Listing Declaration (No. 1) 2017 was enacted to address the need to give effect to the decisions of the United Nations Security Council, particularly those concerning the listing of individuals and entities under Resolution 1373 (2001). This legislation was introduced to ensure Australia's compliance with its international obligations under the Charter of the United Nations. The declaration was made by Julie Isabel Bishop, the Minister for Foreign Affairs, under the authority granted by subsection 15A(2) of the Charter of the United Nations Act 1945. The policy objective of this declaration is to continue the listing of individuals who are deemed to be threats to international peace and security, thereby reinforcing Australia's commitment to global security efforts as directed by the United Nations.

Scope and Application

The Charter of the United Nations Act 1945 Listing Declaration (No. 1) 2017, made by the Minister for Foreign Affairs, Julie Bishop, is a legislative instrument that specifies the continued necessity of listing a particular individual under Australian law to comply with a United Nations Security Council resolution. The Act applies to a specific person, Khaled Sharrouf, who is listed in Schedule 1 and is deemed to be a person mentioned in paragraph 1(c) of United Nations Security Council resolution 1373 (2001). This declaration ensures that the listing under section 15 of the Charter of the United Nations Act 1945 remains effective, which mandates that certain assets be frozen as per the international obligations under the United Nations resolution. The scope of the Act is limited to the individual named and does not extend to entities or broader transactions unless specified by subordinate instruments or further regulations under the Charter of the United Nations (Dealing with Assets) Regulations 2008. The Act's jurisdictional reach is national, as it is an Australian legislative instrument designed to implement international obligations under the Charter of the United Nations.

Key Provisions

The Charter of the United Nations Act 1945 Listing Declaration (No. 1) 2017 (the Declaration) made by the Minister for Foreign Affairs, Julie Isabel Bishop, under subsection 15A(2) of the Act, specifies that the person listed in Schedule 1, Khaled Sharrouf, is a person mentioned in paragraph 1(c) of United Nations Security Council resolution 1373 (2001). The declaration continues the effect of his listing under section 15 of the Act. The Declaration commenced upon signature on 26 October 2017. The Act and associated Regulations impose obligations on relevant parties to comply with the United Nations Security Council resolutions. Specifically, Section 15A of the Act requires the Minister to be satisfied on reasonable grounds that the listed person is a person mentioned in paragraph 1(c) of Resolution 1373 (2001). The Regulations, particularly Section 20, mandate that the Minister must be satisfied of this fact to effect the listing, and Section 40 requires the Department of Foreign Affairs and Trade to maintain and publish a list of all listed persons, entities, assets, and classes of assets. Individuals and entities affected by the listing, such as Khaled Sharrouf, are subject to asset freezing and other restrictions as specified in the Regulations. Additionally, the Department of Foreign Affairs and Trade is obligated to provide listed persons or entities with an unclassified statement of reasons for their listing upon request and to process applications for the revocation of a listing or for sanctions permits to use or deal with frozen assets. The owner or holder of a frozen asset may apply for authorisation to use or deal with the asset in a specified way, which must be done through the Department of Foreign Affairs and Trade’s Online Sanctions Administration System. Breaches of the provisions of the Charter of the United Nations Act 1945 and the associated Regulations may lead to civil and criminal consequences. For instance, dealing with listed assets without the appropriate permit may result in criminal penalties, including fines and imprisonment. The exact penalties depend on the nature and severity of the breach, but they can be significant, reflecting the seriousness of non-compliance with international sanctions.