Charter of the United Nations Amendment Act 2002
No. 124, 2002
An Act to amend the Charter of the United Nations Act 1945, and for related purposes
Contents
1 Short title...................................
2 Commencement...............................
3 Schedule(s)..................................
Schedule 1—Amendments
Charter of the United Nations Act 1945
Charter of the United Nations Amendment Act 2002
No. 124, 2002
An Act to amend the Charter of the United Nations Act 1945, and for related purposes
[Assented to 10 December 2002]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Charter of the United Nations Amendment Act 2002.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent | 10 December 2002 |
2. Schedule 1 | Immediately after the commencement of Part 4 of the Charter of the United Nations Act 1945 | 13 December 2002 |
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Charter of the United Nations Act 1945
1 Subsection 22(1)
After “owner”, insert “or holder”.
2 Subsection 22(2)
After “owner”, insert “or holder”.
3 After subsection 22(3)
Insert:
(3A) The Minister may issue such a notice on his or her own initiative or upon application under subsection (1) or (2).
4 Subsection 22(5)
After “owner”, insert “or holder”.
[Minister’s second reading speech made in—
House of Representatives on 14 November 2002
Senate on 5 December 2002]
Overview
The Charter of the United Nations Amendment Act 2002 was enacted to make amendments to the Charter of the United Nations Act 1945, thereby enhancing Australia's compliance with its obligations under the United Nations Charter. This Act was introduced to address the need for more precise terminology in relation to the holding and ownership of property, ensuring that the legislation reflects current legal and practical realities. The Act was passed by the Parliament of Australia and received Royal Assent on 10 December 2002. Its primary objective was to align the domestic legislation more closely with the international obligations under the United Nations Charter by incorporating specific changes aimed at improving clarity and enforcement.
Scope and Application
The Charter of the United Nations Amendment Act 2002 amends the Charter of the United Nations Act 1945, impacting the scope and application of the original Act. This amendment applies to any person or entity involved in transactions or conduct that relates to the Charter of the United Nations. The geographic reach of this Act is national, as it pertains to the federal legislation enacted by the Parliament of Australia. The amendments introduced by this Act are specific and target certain subsections of the Charter of the United Nations Act 1945, altering definitions and the procedures for issuing notices related to the charter. The Act commenced on 10 December 2002, with further provisions taking effect on 13 December 2002, immediately after the commencement of Part 4 of the Charter of the United Nations Act 1945. This Act does not explicitly state any exclusions, exemptions, or thresholds, but its impact is confined to the specific changes outlined in the Schedule, which amends the original Act by inserting new terms and altering existing subsections.
Key Provisions
The Charter of the United Nations Amendment Act 2002 (C2004A01061) amends the Charter of the United Nations Act 1945 to update the language and provisions regarding the handling of UN-related assets. The primary operative sections (sections 1 to 3) commence on the day the Act receives Royal Assent, which was 10 December 2002. The amendments detailed in Schedule 1 come into effect immediately after the commencement of Part 4 of the Charter of the United Nations Act 1945, which was 13 December 2002. The amendments modify subsection 22(1) and 22(2) by inserting "or holder" after "owner," and they introduce a new subsection 22(3A) which allows the Minister to issue a notice on their own initiative or upon application. Additionally, subsection 22(5) is amended to include "or holder" after "owner."
The Act imposes specific obligations on the parties or entities it governs. It requires that any reference to "owner" in the Charter of the United Nations Act 1945 now also include "holder," thereby broadening the scope of individuals or entities subject to the Act's provisions. Furthermore, the Minister is granted the authority to issue notices regarding UN-related assets, which can be done independently or in response to an application. This amendment aims to provide more flexibility and authority in managing UN assets within Australia.
Breaches of the provisions outlined in this Act can result in various civil or criminal consequences. While the Act itself does not explicitly detail penalties for non-compliance, contraventions of the Charter of the United Nations Act 1945 can lead to legal repercussions. These may include fines, imprisonment, or other penalties as prescribed by the relevant laws governing UN-related activities in Australia. The exact penalties would depend on the nature of the breach and the applicable sections of the Charter of the United Nations Act 1945.