Charter of the United Nations Legislation Amendment Regulations 2011 (No. 1)

Administered by Department of Foreign Affairs and Trade

Legislation au F2011L00788 Regulations Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Select Legislative Instrument 2011 No. 65

 

Charter of the United Nations Act 1945

 

Charter of the United Nations Legislation Amendment Regulations 2011 (No. 1)

 

Section 6 of the Charter of the United Nations Act 1945 (the Act) provides that the

Governor-General may make regulations for, and in relation to, giving effect to decisions that the United Nations Security Council (UNSC) has made under Chapter VII of the Charter of the United Nations (UN) that Article 25 of the Charter requires Australia to carry out, in so far as those decisions require Australia to apply measures not involving the use of armed force. Section 39 of the Act provides, in part, that the Governor-General may make regulations prescribing matters necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

The Regulations amend nine sets of Principal Regulations made under the Act to authorise the Minister for Foreign Affairs (Minister) to delegate certain powers and functions (other than the power of delegation) to either the Secretary of the Department of Foreign Affairs and Trade (DFAT) or a Senior Executive Service (SES) employee, or acting SES employee, in DFAT.

 

The Regulations amend the:

(1)   Charter of the United Nations (Sanctions – Al-Qaida and the Taliban) Regulations 2008;

(2)   Charter of the United Nations (Sanctions – Cote d’Ivoire) Regulations 2008;

(3)   Charter of the United Nations (Sanctions – Democratic Republic of the Congo) Regulations 2008;

(4)   Charter of the United Nations (Sanctions - Eritrea) Regulations 2010;

(5)   Charter of the United Nations (Sanctions - Iraq) Regulations 2008;

(6)   Charter of the United Nations (Sanctions - Lebanon) Regulations 2008;

(7)   Charter of the United Nations (Sanctions - Liberia) Regulations 2008;

(8)   Charter of the United Nations (Sanctions - Somalia) Regulations 2008; and

(9)   Charter of the United Nations (Sanctions - Sudan) Regulations 2008.

 

The Regulations expedite the process of assessing applications for permits authorising what would otherwise be unlawful activity. Such permits were previously granted by the Minister after consideration of criteria specified in relevant UNSC resolutions. As the process of determining compliance with UNSC resolutions involves a legal rather than political assessment, the process is optimised if it is delegated to the Secretary of DFAT or an SES, or acting SES, DFAT officer.

 

No public consultation was undertaken in relation to the Regulations as they implement Australia’s international legal obligations arising from decisions of the UNSC.

 

UN resolutions adopted under Article 41 of Chapter VII of the Charter are binding on Australia pursuant to Article 25 of that Charter. The relevant UNSC resolutions can be found on the UN website (www.un.org).

 

Details of the Amendment Regulations are set out in the Attachment.

Attachment

 

Details of the Charter of the United Nations Legislation Amendment Regulations 2011 (No. 1)

 

Regulation 1 – Name of Regulations

Regulation 1 provides that the name of the Regulations is the Charter of the United Nations Legislation Amendment Regulations 2011 (No. 1).

 

Regulation 2 – Commencement

Regulation 2 provides that the Regulations commence on the day after they are registered.

 

Regulation 3 – Amendment of the Charter of the United Nations (Sanctions – Al-Qaida and the Taliban) Regulations 2008

Regulation 3 provides that Schedule 1 amends the Charter of the United Nations (Sanctions – Al-Qaida and the Taliban) Regulations 2008.

 

Regulation 4 – Amendment of the Charter of the United Nations (Sanctions – Cote d’Ivoire) Regulations 2008

Regulation 4 provides that Schedule 2 amends the Charter of the United Nations (Sanctions – Cote d’Ivoire) Regulations 2008.

 

Regulation 5 – Amendment of the Charter of the United Nations (Sanctions – Democratic Republic of the Congo) Regulations 2008

Regulation 5 provides that Schedule 3 amends the Charter of the United Nations (Sanctions – Democratic Republic of the Congo) Regulations 2008.

 

Regulation 6 – Amendment of the Charter of the United Nations (Sanctions – Eritrea) Regulations 2010

Regulation 6 provides that Schedule 4 amends the Charter of the United Nations (Sanctions – Eritrea) Regulations 2010.

 

Regulation 7 – Amendment of the Charter of the United Nations (Sanctions – Iraq) Regulations 2008

Regulation 7 provides that Schedule 5 amends the Charter of the United Nations (Sanctions – Iraq) Regulations 2008.

 

Regulation 8 – Amendment of the Charter of the United Nations (Sanctions – Lebanon) Regulations 2008

Regulation 8 provides that Schedule 6 amends the Charter of the United Nations (Sanctions – Lebanon) Regulations 2008.

 

Regulation 9 – Amendment of the Charter of the United Nations (Sanctions – Liberia) Regulations 2008

Regulation 9 provides that Schedule 7 amends the Charter of the United Nations (Sanctions – Liberia) Regulations 2008.

 

Regulation 10 – Amendment of the Charter of the United Nations (Sanctions – Somalia) Regulations 2008

Regulation 10 provides that Schedule 8 amends the Charter of the United Nations (Sanctions – Somalia) Regulations 2008.

 

Regulation 11 – Amendment of the Charter of the United Nations (Sanctions – Sudan) Regulations 2008

Regulation 11 provides that Schedule 9 amends the Charter of the United Nations (Sanctions – Sudan) Regulations 2008.

 

Schedule 1 – Amendment of the Charter of the United Nations (Sanctions – Al-Qaida and the Taliban) Regulations 2008

 

[1] Part 3

Item [1] inserts a new Part 3 following regulation 12. Part 3 comprises a new regulation 13 which provides for the Minister to delegate the Minister’s powers and functions, other than the power of delegation, to the Secretary of DFAT or an SES employee, or acting SES employee, in DFAT. The new regulation requires both the delegation to be in writing, and the delegate to comply with any directions of the Minister in exercising powers or functions under the delegation.

 

Schedule 2 - Amendment of the Charter of the United Nations (Sanctions – Cote d’Ivoire) Regulations 2008

 

[1] Part 3

Item [1] inserts a new Part 3 following regulation 16. Part 3 comprises a new regulation 17 which provides for the Minister to delegate the Minister’s powers and functions, other than the power of delegation, to the Secretary of DFAT or an SES employee, or acting SES employee, in DFAT. The new regulation requires both the delegation to be in writing, and the delegate to comply with any directions of the Minister in exercising powers or functions under the delegation.

 

Schedule 3 – Amendment of the Charter of the United Nations (Sanctions – Democratic Republic of the Congo) Regulations 2008

 

[1] Part 3

Item [1] inserts a new Part 3 following regulation 14. Part 3 comprises a new regulation 15 which provides for the Minister to delegate the Minister’s powers and functions, other than the power of delegation, to the Secretary of DFAT or an SES employee, or acting SES employee, in DFAT. The new regulation requires both the delegation to be in writing, and the delegate to comply with any directions of the Minister in exercising powers or functions under the delegation.

 

Schedule 4 – Amendment of the Charter of the United Nations (Sanctions – Eritrea) Regulations 2010

 

[1] Part 3

Item [1] inserts a new Part 3 following regulation 14. Part 3 comprises a new regulation 15 which provides for the Minister to delegate the Minister’s powers and functions, other than the power of delegation, to the Secretary of DFAT or an SES employee, or acting SES employee, in DFAT. The new regulation requires both the delegation to be in writing, and the delegate to comply with any directions of the Minister in exercising powers or functions under the delegation.

 

Schedule 5 – Amendment of the Charter of the United Nations (Sanctions – Iraq) Regulations 2008

 

[1] Part 3

Item [1] inserts a new Part 3 following regulation 12. Part 3 comprises a new regulation 13 which provides for the Minister to delegate the Minister’s powers and functions, other than the power of delegation, to the Secretary of DFAT or an SES employee, or acting SES employee, in DFAT. The new regulation requires both the delegation to be in writing, and the delegate to comply with any directions of the Minister in exercising powers or functions under the delegation.

 

Schedule 6 – Amendment of the Charter of the United Nations (Sanctions – Lebanon) Regulations 2008

 

[1] Part 3

Item [1] inserts a new Part 3 following regulation 13. Part 3 comprises a new regulation 14 which provides for the Minister to delegate the Minister’s powers and functions, other than the power of delegation, to the Secretary of DFAT or an SES employee, or acting SES employee, in DFAT. The new regulation requires both the delegation to be in writing, and the delegate to comply with any directions of the Minister in exercising powers or functions under the delegation.

 

Schedule 7 – Amendment of the Charter of the United Nations (Sanctions – Liberia) Regulations 2008

 

[1] Part 3

Item [1] inserts a new Part 3 following regulation 14. Part 3 comprises a new regulation 15 which provides for the Minister to delegate the Minister’s powers and functions, other than the power of delegation, to the Secretary of DFAT or an SES employee, or acting SES employee, in DFAT. The new regulation requires both the delegation to be in writing, and the delegate to comply with any directions of the Minister in exercising powers or functions under the delegation.

 

Schedule 8 – Amendment of the Charter of the United Nations (Sanctions – Somalia) Regulations 2008

 

[1] Part 3

Item [1] inserts a new Part 3 following regulation 15. Part 3 comprises a new regulation 16 which provides for the Minister to delegate the Minister’s powers and functions, other than the power of delegation, to the Secretary of DFAT or an SES employee, or acting SES employee, in DFAT. The new regulation requires both the delegation to be in writing, and the delegate to comply with any directions of the Minister in exercising powers or functions under the delegation.

 

Schedule 9 – Amendment of the Charter of the United Nations (Sanctions – Sudan) Regulations 2008

 

[1] Part 3

Item [1] inserts a new Part 3 following regulation 14. Part 3 comprises a new regulation 15 which provides for the Minister to delegate the Minister’s powers and functions, other than the power of delegation, to the Secretary of DFAT or an SES employee, or acting SES employee, in DFAT. The new regulation requires both the delegation to be in writing, and the delegate to comply with any directions of the Minister in exercising powers or functions under the delegation.

Overview

The Charter of the United Nations Legislation Amendment Regulations 2011 (No. 1), enacted by the Governor-General under the Charter of the United Nations Act 1945, address the need for streamlined administration of sanctions related to various entities under Chapter VII of the Charter of the United Nations. These regulations were introduced to facilitate the delegation of certain powers and functions to the Secretary of the Department of Foreign Affairs and Trade or a Senior Executive Service employee, or acting Senior Executive Service employee, within the Department. This change aims to expedite the process of assessing applications for permits that authorise activities which would otherwise be unlawful, by ensuring that the legal assessments required for compliance with United Nations Security Council resolutions are conducted efficiently by appropriately qualified personnel. The objective of these amendments is to implement Australia’s international legal obligations arising from the United Nations Security Council’s decisions without the need for public consultation, as the resolutions themselves are binding on Australia.

Scope and Application

The Charter of the United Nations Act 1945, as amended by the Charter of the United Nations Legislation Amendment Regulations 2011 (No. 1), applies to the enforcement of decisions made by the United Nations Security Council (UNSC) under Chapter VII of the Charter, which are binding on Australia. These decisions often require Australia to implement measures that do not involve the use of armed force. The Act applies to the Commonwealth of Australia and its entities, and pertains specifically to conduct and transactions that need to comply with UNSC resolutions. The Regulations delegate certain powers and functions to the Minister for Foreign Affairs to the Secretary of the Department of Foreign Affairs and Trade (DFAT) or a Senior Executive Service (SES) employee, or acting SES employee, within DFAT, streamlining the permit application process for activities that would otherwise be unlawful under UNSC sanctions. The Regulations do not specify exclusions, exemptions, or thresholds; however, the delegation is limited to powers and functions other than the power of delegation itself. The Regulations extend the application of the Act through subordinate instruments, ensuring that the enforcement of UNSC resolutions is efficiently managed within the DFAT.

Key Provisions

The Charter of the United Nations Legislation Amendment Regulations 2011 (No. 1) (Regulations) primarily focus on amending existing regulations under the Charter of the United Nations Act 1945 (Act) to facilitate the delegation of certain powers and functions to specific officials within the Department of Foreign Affairs and Trade (DFAT). Section 6 of the Act allows the Governor-General to make regulations in relation to decisions made by the United Nations Security Council (UNSC) under Chapter VII of the UN Charter, while Section 39 provides authority to prescribe matters necessary for carrying out the Act. The Regulations specifically amend nine sets of Principal Regulations concerning sanctions imposed by the UNSC on various entities, including Al-Qaida and the Taliban, Cote d’Ivoire, the Democratic Republic of the Congo, Eritrea, Iraq, Lebanon, Liberia, Somalia, and Sudan. These Regulations impose obligations on the Minister for Foreign Affairs to delegate certain powers and functions, other than the power of delegation itself, to either the Secretary of DFAT or a Senior Executive Service (SES) employee, or an acting SES employee, within DFAT. This delegation is intended to streamline the process of assessing applications for permits that authorise activities that would otherwise be unlawful under UNSC sanctions. The Regulations ensure that the delegation is documented in writing and that the delegate must comply with any directions from the Minister when exercising delegated powers or functions. The intent behind these amendments is to expedite the assessment process by ensuring it is handled by officials with the appropriate legal expertise. The Regulations do not explicitly outline specific offences, penalties, or consequences for non-compliance within the text provided. However, non-compliance with UNSC resolutions can have significant legal and diplomatic repercussions, as UNSC resolutions are binding on Australia under Article 25 of the UN Charter. Non-compliance with these international obligations could potentially lead to international condemnation, strained diplomatic relations, or other consequences as determined by the UNSC. It is important to note that while the Regulations themselves do not detail specific penalties, breaches of UNSC resolutions could result in sanctions or other measures imposed by the UNSC.

Legal classification tags

Area of Law
International Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Delegation
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.