Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) (Documents) Instrument 2017

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Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) (Documents) Instrument 2017

made under subregulation 5(3) of the

Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) Regulations 2008

Compilation No. 2

Compilation date:   22 May 2018

Includes amendments up to: F2018L00639

Registered:    11 July 2018

 

About this compilation

This compilation

This is a compilation of the Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) (Documents) Instrument 2017 that shows the text of the law as amended and in force on 22 May 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Name

3 Authority

5 Specification of documents

Schedule 1—Documents

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

1  Name

  This Instrument is the Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) (Documents) Instrument 2017.

3  Authority

  This Instrument is made under subregulation 5(3) of the Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) Regulations 2008.

5  Specification of documents

  Each document that is mentioned in an item in Schedule 1 is specified for subparagraph 5(1)(c)(i) of the Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) Regulations 2008.

Schedule 1—Documents

 

Item

Document

 

 

 

 

1

 

 

 

 

 

2

 

 

 

 

 

3

 

 

 

 

 

4

 

 

 

 

 

5

S/2017/829

 

 

 

 

 

S/2017/822

 

 

 

 

 

S/2017/760

 

 

 

 

 

S/2017/728

 

 

 

 

 

S/2016/1069

A United Nations Security Council document, covering a letter dated 2 October 2017 from the Chair of the Security Council Committee established pursuant to resolution 1718 (2006) addressed to the President of the Security Council.

 

A United Nations Security Council document, covering a letter dated 29 September 2017 from the Chair of the Security Council Committee established pursuant to resolution 1718 (2006) addressed to the President of the Security Council.

 

A United Nations Security Council document, covering a letter dated 5 September 2017 from the Chair of the Security Council Committee established pursuant to resolution 1718 (2006) addressed to the President of the Security Council.

 

A United Nations Security Council document, covering a letter dated 22 August 2017 from the Chair of the Security Council Committee established pursuant to resolution 1718 (2006) addressed to the President of the Security Council.

 

A United Nations Security Council document, covering a letter dated 16 December 2016 from the Chair of the Security Council Committee established pursuant to resolution 1718 (2006) addressed to the President of the Security Council.

 

 

 

6

INFCIRC/254/Rev.13/Part 1

An International Atomic Energy Agency Information Circular dated 8 November 2016, covering a communication received from the Permanent Mission of the Republic of Korea to the International Atomic Energy Agency regarding Certain Member States’ Guidelines for the Export of Nuclear Material, Equipment and Technology.

 

 

 

7

INFCIRC/254/Rev.10/Part 2

 

An International Atomic Energy Agency Information Circular dated 8 November 2016, covering a communication received from the Permanent Mission of the Republic of Korea to the International Atomic Energy Agency regarding Certain Member States’ Guidelines for Transfers of Nuclear-related Dual-use Equipment, Materials, Software and Related Technology.

 

 

 

8

S/2016/308

A United Nations Security Council document, covering a letter dated 4 April 2016 from the Chair of the Security Council Committee established pursuant to resolution 1718 (2006) addressed to the President of the Security Council.

 

 

 

9

S/2014/253

A United Nations Security Council document, covering a letter dated 8 April 2014 from the Chair of the Security Council Committee established pursuant to resolution 1718 (2006) addressed to the President of the Security Council.

 

 

 

10

S/2006/853/Corr. 1

A United Nations Security Council document, covering a letter dated 1 November 2006 from the Chairman of the Security Council Committee established pursuant to resolution 1718 (2006) concerning the Democratic People’s Republic of Korea addressed to the President of the Security Council.

 

 

 

11

S/2006/853*

A United Nations Security Council document, covering a letter dated 1 November 2006 from the Chairman of the Security Council Committee established pursuant to resolution 1718 (2006) concerning the Democratic People’s Republic of Korea addressed to the President of the Security Council.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /subsubparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

SubCh = SubChapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) (Documents) Instrument 2017

18 May 2017 (F2017L00539)

19 May 2017 (s 2)

 

Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) (Documents) Amendment Instrument 2017 (No. 1)

8 Nov 2017 (F2017L01456)

9 Nov 2017 (s 2)

Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) (Documents) Amendment Instrument 2018 (No. 1)

21 May 2018 (F2018L00639)

22 May 2018 (s 2)

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.....................

rep LA s 48D

s 4.....................

rep LA s 48C

Schedule 1

 

Schedule 1................

rs F2017L01456; F2018L00639

 

 

Overview

The Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) (Documents) Instrument 2017 was enacted to address the problem of enforcing United Nations sanctions against the Democratic People's Republic of Korea (DPRK). This legislative instrument was made under the authority of subregulation 5(3) of the Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) Regulations 2008. The primary objective of the Instrument is to specify particular documents for the purposes of enforcing sanctions against the DPRK. The Instrument was developed in response to ongoing international concerns about the DPRK's nuclear and missile activities, and it facilitates the implementation of United Nations Security Council resolutions and other related measures by identifying and specifying relevant documents. This legislative instrument was enacted by the Parliament of Australia to align Australian law with international obligations under the Charter of the United Nations.

Scope and Application

The Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) (Documents) Instrument 2017 applies to the specified documents listed in Schedule 1, which includes United Nations Security Council documents and International Atomic Energy Agency Information Circulars relevant to sanctions against the Democratic People’s Republic of Korea. This Instrument is made under the Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) Regulations 2008, and it specifies these documents for the purposes of subparagraph 5(1)(c)(i) of those Regulations. The geographic and jurisdictional reach of this Instrument is national, as it pertains to the implementation of United Nations Security Council resolutions within Australia. The Instrument does not specify any exclusions, exemptions, or thresholds, but rather focuses on the identification and specification of documents that are subject to the sanctions regime. The application of this Instrument may be extended or restricted through subordinate instruments, which can be accessed on the Legislation Register.

Key Provisions

The main operative sections of the Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) (Documents) Instrument 2017 (sections 1 to 5) outline the name, authority, and specification of documents that are relevant to the implementation of the United Nations sanctions against the Democratic People’s Republic of Korea (DPRK). Section 1 establishes the name of the instrument, while section 3 specifies the authority under which it is made. Section 5 identifies the documents mentioned in Schedule 1, which are specified for subparagraph 5(1)(c)(i) of the Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) Regulations 2008. The Schedule lists the specific documents, including United Nations Security Council documents and International Atomic Energy Agency Information Circulars, which are integral to the sanctions regime. The obligations and requirements imposed by this Act on the parties or entities it governs are primarily focused on the implementation and enforcement of the United Nations sanctions against DPRK. This includes ensuring compliance with the specified documents, which detail measures such as the prohibition of certain trade activities, restrictions on financial transactions, and controls on the export of goods and technologies that could contribute to DPRK's nuclear and ballistic missile programs. Entities within Australia must adhere to these sanctions by not engaging in any activities that contravene the specified documents, such as dealing with listed individuals or entities, or transferring prohibited goods and technologies. Any breach of the obligations and requirements under this Act can lead to both civil and criminal consequences. Civil penalties may include fines, and in some cases, the cancellation of licenses or permits related to the activities that contravene the sanctions. Criminal penalties may also apply, depending on the severity and intent of the breach. For instance, knowingly or recklessly dealing with sanctioned entities or transferring prohibited items can result in criminal charges, with potential penalties including imprisonment. The exact penalties depend on the specific nature of the offence, but they are intended to be significant enough to deter non-compliance with the sanctions regime.

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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.