Charter of the United Nations Act 1945 Listing Declaration (No. 2) 2016

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Legislation au C2016G01336 In force Gazette

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Charter of the United Nations Act 1945 Listing Declaration (No. 2) 2016

 

I, JULIE ISABEL BISHOP, Minister for Foreign Affairs, make this declaration under subsection 15A (2) of the Charter of the United Nations Act 1945.

 

Dated  4/10/2016

 

 

[SIGNED]

 

JULIE BISHOP

Minister for Foreign Affairs

 

 

 

1  Name of Declaration

This Declaration is the Charter of the United Nations Act 1945 Listing Declaration (No. 2) 2016.

2 Commencement

This Declaration commences upon signature.

3  Persons, entities and assets

For section 15A of the Charter of the United Nations Act 1945 (the Act), I am satisfied on reasonable grounds that the entities specified in Schedule 1 are entities mentioned in paragraph 1(c) of United Nations Security Council resolution 1373 (2001) and declare that each of their listings under section 15 of the Act continues to have effect.
 

Note 1: Under section 20 of the Charter of the United Nations (Dealing with Assets) Regulations 2008, the Minister must be satisfied that the person or entity is mentioned in paragraph 1 (c) of Resolution 1373 (2001) of the Security Council of the United Nations.

Note 2: Under section 40 of the Charter of the United Nations (Dealing with Assets) Regulations 2008, the Department of Foreign Affairs and Trade maintains a list of all persons, entities, assets and classes of assets currently listed under section 15 of the Act, and has published this list on the internet at www.dfat.gov.au/sanctions/consolidated-list.html.

Note 3: Additional information about the listing of persons and entities under section 15 of the Act is set out in Schedule 2.


Schedule 1

 

The listing of the following entities continues to be necessary to give effect to the decision of the United Nations Security Council in paragraph 1(c) of resolution 1373 (2001):

 

Primary Name: Real IRA

Aliases: RIRA, The New IRA, 32 County Sovereignty Committee, Irish Republican Army, IRA, Republican Action Against Drugs (RAAD), Real Irish Republican Army, Real Óglaigh na hÉireann

Address: Northern Ireland

Original listing date: First listed by the Minister for Foreign Affairs on 21 December 2001. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: The Real IRA (RIRA) is an Irish republican paramilitary organisation based in Northern Ireland. Founded in 1997, it was originally composed of former members of the Provisional IRA (PIRA) who opposed the PIRA’s engagement in the peace process that would eventually lead to the Good Friday peace agreement in 1998. In July 2012, the RIRA announced that it was merging with the Republican Action Against Drugs (RAAD) and a coalition of unaffiliated armed republican groups into ‘a unified structure, under a single leadership’ and reclaiming the banner of the ‘Irish Republican Army’, and also now known as the ‘New IRA’.

Primary Name: Continuity IRA

Aliases: CIRA

Address: Northern Ireland

Original listing date: First listed by the Minister for Foreign Affairs on 20 March 2002. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: The Continuity IRA (CIRA) is an extreme militant Irish republican group that emerged from a split in the Provisional Irish Republican Army (PIRA) and became active in opposition to PIRA’s ceasefire declaration in 1994.


Primary Name: Loyalist Volunteer Force

Aliases: LVF

Address: Northern Ireland

Original listing date: First listed by the Minister for Foreign Affairs on 20 March 2002. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: The Loyalist Volunteer Force (LVF) was formed in 1996 from disaffected members of the mid-Ulster brigade of the Ulster Volunteer Force (UVF).

Primary Name: Orange Volunteers

Aliases: OV, Orange Volunteer Force, OVF

Address: Northern Ireland

Original listing date: First listed by the Minister for Foreign Affairs on 20 March 2002. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: The original ‘Orange Volunteers’ (OV) was a loyalist paramilitary group, which formed in the early 1970s and was associated with the ‘Orange Order’ (one of the unionist Protestant fraternal societies in Northern Ireland). During the 1980s the Orange Order disbanded. In 1998, a loyalist paramilitary group using the name ‘Orange Volunteers’, claimed responsibility for a number of attacks.

Primary Name: Ulster Defence Association

Aliases: UDA, Ulster Freedom Fighters, UFF

Address: Northern Ireland

Original listing date: First listed by the Minister for Foreign Affairs on 20 March 2002. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: The Ulster Defence Association (UDA) is the largest loyalist paramilitary group in Northern Ireland history. It was formed in September 1971 from a number of loyalist vigilante groups.

 


Primary Name: Red Hand Defenders

Aliases: RHD

Address: Northern Ireland

Original listing date: First listed by the Minister for Foreign Affairs on 20 March 2002. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: The Red Hand Defenders (RHD) is a loyalist paramilitary entity that formed in 1998. The RHD opposes the peace process and peace agreements, including the Good Friday Agreement.


Schedule 2

 

Request for statement of reasons

 

The Department of Foreign Affairs and Trade will provide a listed person or entity with an unclassified statement of reasons for his, her or its listing.  Requests may be submitted in writing to:

 

Director, Legal

Sanctions Section

Department of Foreign Affairs and Trade

John McEwen Crescent

Barton ACT 0221 Australia

 

or by email to asset.freezing@dfat.gov.au.

 

Application for revocation of a listing

 

A listed person or entity may apply to the Minister for Foreign Affairs to have his, her or its listing revoked.  The application must be in writing and set out the circumstances relied upon to justify the application.  Applications may be submitted to:

 

The Minister for Foreign Affairs

C/o Director, Legal

Sanctions Section

Department of Foreign Affairs and Trade

John McEwen Crescent

Barton ACT 0221 Australia

 

or by email to asset.freezing@dfat.gov.au.

 

Application for sanctions permit 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. The application must be in writing and specify whether the application relates to a basic expense dealing, a contractual dealing or an extraordinary expense dealing as those terms are defined in section 30 of the Charter of the United Nations (Dealing with Assets) Regulations 2008. Applications may be submitted through the Department of Foreign Affairs and Trade’s Online Sanctions Administration System at https://sanctions.dfat.gov.au.

 

 

Overview

The Charter of the United Nations Act 1945 Listing Declaration (No. 2) 2016 was enacted to ensure the continued implementation of United Nations Security Council resolutions, specifically Resolution 1373 (2001) related to countering terrorism. This Declaration was made under the authority of the Charter of the United Nations Act 1945 by Julie Isabel Bishop, the Minister for Foreign Affairs. The enactment aimed to maintain the listing of certain entities under section 15 of the Act, affirming their continued relevance in addressing terrorism as directed by the United Nations Security Council. The policy objective behind this Declaration is to uphold international obligations by ensuring that Australia's legislative framework aligns with global efforts to combat terrorism.

Scope and Application

The Charter of the United Nations Act 1945 Listing Declaration (No. 2) 2016 is a legislative instrument made by the Minister for Foreign Affairs under subsection 15A(2) of the Charter of the United Nations Act 1945. This Declaration is effective from the date of its signature, which is 4 October 2016, and concerns the continued listing of specific entities under section 15 of the Act. The entities listed in Schedule 1 are those identified in paragraph 1(c) of United Nations Security Council resolution 1373 (2001) and include the Real IRA, Continuity IRA, Loyalist Volunteer Force, Orange Volunteers, Ulster Defence Association, and Red Hand Defenders, all based in Northern Ireland. The continued listing of these entities is necessary to implement the decisions of the United Nations Security Council as outlined in Resolution 1373 (2001). The Department of Foreign Affairs and Trade maintains and publishes a consolidated list of all listed persons, entities, assets, and classes of assets under section 15 of the Act, accessible on their website. Furthermore, listed persons or entities can request a statement of reasons for their listing and may apply to the Minister for Foreign Affairs to have their listing revoked. Applications for sanctions permits to use or deal with frozen assets can be submitted through the Department of Foreign Affairs and Trade’s Online Sanctions Administration System.

Key Provisions

The Charter of the United Nations Act 1945 Listing Declaration (No. 2) 2016 (Clause 2) is effective from the moment of its signature, immediately bringing into force the provisions contained within it. This declaration, signed by Julie Bishop, the Minister for Foreign Affairs, serves to continue the listing of certain entities under section 15 of the Charter of the United Nations Act 1945 (Clause 3). These entities are specified in Schedule 1 and are deemed necessary to implement the decisions of the United Nations Security Council as outlined in Resolution 1373 (2001). This resolution addresses various measures to be taken by member states to combat terrorism, and the listed entities are those mentioned in paragraph 1(c) of this resolution. Under the Charter of the United Nations Act 1945, the Minister for Foreign Affairs is required to be satisfied on reasonable grounds that the listed entities are indeed those specified in the UN Security Council resolution (Clause 20 of the Charter of the United Nations (Dealing with Assets) Regulations 2008). This declaration ensures that the continued listing of these entities is justified and in line with international obligations. The Department of Foreign Affairs and Trade is mandated to maintain and publish a list of all persons, entities, assets, and classes of assets currently listed under section 15 of the Act, which is accessible on their website (Clause 40 of the Charter of the United Nations (Dealing with Assets) Regulations 2008). This transparency measure ensures that the public and stakeholders are informed about the entities subject to these sanctions. Failure to comply with the provisions of the Charter of the United Nations Act 1945 can result in significant legal consequences. Any person or entity found in breach of the Act may be subject to penalties as outlined in the legislation. The exact penalties are not specified within the provided text, but generally, violations of such international sanctions can lead to both criminal and civil penalties, including fines and imprisonment. Additionally, any dealings with frozen assets without the appropriate authorisation from the Minister for Foreign Affairs could be considered a breach, leading to further legal ramifications. Furthermore, the declaration provides avenues for listed entities to seek a review of their listing or apply for sanctions permits to deal with frozen assets. For instance, a listed person or entity can request an unclassified statement of reasons for their listing from the Department of Foreign Affairs and Trade (Schedule 2). This process allows for a review and potentially the revocation of the listing if the entity can demonstrate that the grounds for listing no longer apply. Similarly, applications for sanctions permits to use or deal with frozen assets can be submitted through the Department of Foreign Affairs and Trade’s Online Sanctions Administration System. These provisions ensure that there is a mechanism for listed entities to challenge their inclusion on the sanctions list and seek relief where appropriate.

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