Charter of the United Nations Act 1945 Listing (No. 1) 2020

Overview

The Charter of the United Nations Act 1945 Listing (No. 1) 2020 was issued by Marise Payne, the Minister for Foreign Affairs, under the authority of subsection 15(1) of the Charter of the United Nations Act 1945. The listing, which came into effect upon gazette, was necessitated to give effect to the decision of the United Nations Security Council as outlined in paragraph 1(c) of United Nations Security Council Resolution 1373 (2001). This resolution pertains to the freezing of assets of individuals or entities associated with terrorism, with the listing of Brenton Harrison Tarrant being a direct response to this directive. The Act aims to align Australian legislation with international efforts to combat terrorism by ensuring that individuals contributing to or associated with terrorist activities are subject to the same sanctions as those imposed by the United Nations. The listing is intended to reinforce Australia's commitment to international security and to prevent the financing of terrorist activities within its jurisdiction.

Scope and Application

The Charter of the United Nations Act 1945 Listing (No. 1) 2020 applies to individuals and entities in Australia who are designated under the provisions of the Charter of the United Nations Act 1945. Specifically, this listing mandates that Brenton Harrison Tarrant, an Australian citizen born on 27 October 1990 in Grafton, New South Wales, is identified as a person mentioned in paragraph 1(c) of United Nations Security Council Resolution 1373 (2001). This resolution pertains to the freezing of assets and other measures aimed at preventing terrorism. The listing is effective from the date of its gazette and is managed under the authority of the Minister for Foreign Affairs. The Act extends its reach nationally, with relevant procedures and additional information maintained by the Department of Foreign Affairs and Trade, accessible via their website. The Act does not specify any exclusions or exemptions in this listing, and its application may be extended or clarified through subordinate instruments such as regulations and departmental guidelines.

Key Provisions

The Charter of the United Nations Act 1945 Listing (No. 1) 2020 (the Listing) is a document issued under the authority of the Minister for Foreign Affairs (section 3). It specifies that the Listing commences on the date of its gazettal (section 2). The Listing is issued under subsection 15(1) of the Charter of the United Nations Act 1945 (the Act) (section 4), and it includes a list of a person, Brenton Harrison Tarrant, who is subject to sanctions under the Act because he is considered to be a person mentioned in paragraph 1(c) of United Nations Security Council Resolution 1373 (2001) (Schedule 1). This means that the person is considered to be associated with terrorism and is subject to certain sanctions as a result. The Act imposes a number of obligations and requirements on the parties or entities it governs. For example, it requires the Department of Foreign Affairs and Trade to maintain a list of all persons, entities, assets and classes of assets currently listed under section 15 of the Act, and to publish this list on the internet (regulation 40 of the Charter of the United Nations (Dealing with Assets) Regulations 2008). It also requires the Minister for Foreign Affairs to be satisfied on reasonable grounds that a person or entity is mentioned in paragraph 1(c) of United Nations Security Council Resolution 1373 (2001) before listing them under the Act (regulation 20 of the Charter of the United Nations (Dealing with Assets) Regulations 2008). Breaching the provisions of the Act or the Listing can result in a range of civil, criminal and administrative penalties. For example, the Act makes it an offence to deal with the assets of a listed person or entity, or to provide financial services to such a person or entity, without a permit from the Minister for Foreign Affairs (section 15 of the Act). The maximum penalty for contravening this provision is imprisonment for five years, or a fine of up to $210,000, or both (section 15 of the Act). The Act also provides for the imposition of administrative penalties, such as fines, for breaches of the Listing or the regulations made under the Act (section 33 of the Act). In addition to the criminal and administrative penalties, listed persons and entities have the right to request a statement of reasons for their listing from the Department of Foreign Affairs and Trade, and they can also apply to the Minister for Foreign Affairs to have their listing revoked (Schedule 2 of the Listing). The owner or holder of a frozen asset can also apply for permission to use or deal with the asset in a specified way, subject to certain conditions and requirements (section 30 of the Charter of the United Nations (Dealing with Assets) Regulations 2008). These provisions provide a mechanism for listed persons and entities to challenge their listing and to seek relief from the sanctions imposed on them.