EXPLANATORY STATEMENT
Select Legislative Instrument 2006 No. 300
Issued by the Authority of the Minister for Foreign Affairs
Charter of the United Nations Act 1945
Charter of the United Nations (Sanctions – Lebanon) Regulations 2006
The purpose of the Regulations is to implement Australia’s obligations under United Nations Security Council Resolution (UNSCR) 1701 adopted on 11 August 2006. This Resolution was adopted by the Security Council under Article 41 of Chapter VII of the Charter of the United Nations, and the measures are binding on Australia pursuant to Article 25.
Under the above Resolution, Australia, as a UN Member State must take necessary measures to prevent the sale of arms or related matériel to Lebanon and prevent the provision of technical training or assistance relating to the provision, manufacture, maintenance or use of arms or related matériel to any recipient in Lebanon. The above Resolutions sets out certain exceptions to this embargo.
Regulation 7 of the Regulations prohibits “conduct that assists, or results in, the sale or supply of arms or related matériel to any recipient in Lebanon”. Regulation 8 prohibits “conduct that assists, or results in, the provision of technical training or assistance relating to the provision, manufacture, maintenance or use of arms or related matériel to any recipient in Lebanon”. Regulation 9 would prohibit an Australian aircraft or ship to be used “in a way that assists, or results in,” the activities prohibited in Regulation 7.
However, regulations 7, 8 and 9 of the Regulations will not apply in respect of a sale or supply of arms and related matériel that is authorised by the United Nations Interim Force in Lebanon or the Government of Lebanon or technical training or assistance relating to the provision, manufacture, maintenance or use of arms or related matériel that is authorised by the United Nations Interim Force in Lebanon or the Government of Lebanon.
These Regulations should be read in conjunction with regulation 13E of the Customs (Prohibited Exports) Regulations 1958 administered by the Australian Customs Service, which sets out Australia’s general defence exports control regime.
The relevant United Nations Security Council Resolutions can be found on the UN website (www.un.org).
The Regulations are a legislative instrument for the purpose of the Legislative Instruments Act 2003. The Regulations commenced the day after they were registered. An exemption from the provision of a Regulation Impact Statement has been grated because the Regulations implement a non-discretionary international obligation.
Overview
The Charter of the United Nations (Sanctions – Lebanon) Regulations 2006 was enacted to implement Australia's obligations under United Nations Security Council Resolution 1701, which was adopted on 11 August 2006. This resolution was enacted under Article 41 of Chapter VII of the Charter of the United Nations and is binding on Australia pursuant to Article 25. The problem these regulations aim to address is the need for Australia to prevent the sale of arms and related matériel to Lebanon, as well as the provision of technical training or assistance in relation to the provision, manufacture, maintenance, or use of arms and related matériel to any recipient in Lebanon, in accordance with the provisions of the aforementioned resolution. The enacting body for these regulations is the Minister for Foreign Affairs, and the policy objective is to uphold international peace and security by complying with the binding obligations set out in the resolution.
Scope and Application
The Charter of the United Nations (Sanctions – Lebanon) Regulations 2006 applies to all Australian citizens, entities, and vessels within Australia's jurisdiction, including those conducting activities abroad. These Regulations are designed to ensure compliance with the obligations set forth in United Nations Security Council Resolution 1701, particularly the prohibition on the sale and supply of arms and related materiel to Lebanon, as well as the provision of technical training or assistance related to such materials. This mandate extends to all persons, entities, and vessels subject to Australian law, irrespective of their location, thereby reinforcing Australia's commitment to international peace and security. The Regulations also incorporate exceptions where activities are authorised by the United Nations Interim Force in Lebanon or the Government of Lebanon. The application of these measures is further clarified and supplemented by the Customs (Prohibited Exports) Regulations 1958, administered by the Australian Customs Service. Notably, the Regulations do not require a Regulation Impact Statement as they implement a non-discretionary international obligation.
Key Provisions
The Charter of the United Nations (Sanctions – Lebanon) Regulations 2006, as referenced in F2006L03701, are designed to ensure that Australia adheres to its international obligations under United Nations Security Council Resolution (UNSCR) 1701. The primary sections of these Regulations include Regulation 7, which prohibits any conduct that assists or results in the sale or supply of arms or related matériel to any recipient in Lebanon (reg 7). Regulation 8 similarly prohibits the provision of technical training or assistance relating to the manufacture, maintenance, or use of such arms or matériel to any recipient in Lebanon (reg 8). Regulation 9 extends these prohibitions to Australian aircraft or ships, preventing their use in a manner that assists or results in these activities (reg 9). It is crucial to note that these prohibitions do not apply to sales or supplies of arms and related matériel that are authorised by the United Nations Interim Force in Lebanon or the Government of Lebanon, or to technical training or assistance authorised by these entities (reg 7, reg 8).
The Regulations impose specific obligations on all Australian citizens, residents, and entities within Australia. They must refrain from engaging in any activities that facilitate the sale or supply of arms or related matériel to Lebanon or providing technical training or assistance related to such matériel (reg 7, reg 8). Additionally, they are prohibited from using Australian aircraft or ships to assist in these activities (reg 9). These obligations are designed to ensure that Australia does not contribute to the unauthorised proliferation of arms in Lebanon, thereby supporting international peace and security efforts.
Failure to comply with these Regulations can result in serious consequences. The Regulations do not explicitly state penalties for non-compliance, but violations of similar legislative frameworks can attract criminal penalties, including fines and imprisonment, under Australian law. Furthermore, breaches of these Regulations could potentially lead to civil liabilities, as well as reputational and diplomatic repercussions given the international nature of the obligations involved. The severity of penalties would depend on the specifics of the breach and the discretion of the court or relevant authority.