EXPLANATORY STATEMENT
Select Legislative Instrument 2008 No. 177
Charter of the United Nations Act 1945
Charter of the United Nations (Sanctions — Rwanda) Repeal Regulations 2008
Section 6 of the Charter of the United Nations Act 1945 provides that the Governor-General may make regulations for, and in relation to, giving effect to decisions that the Security Council has made under Chapter VII of the Charter of the United Nations (the Charter) and 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.
The purpose of the Regulations is to repeal the Charter of the United Nations (Sanctions — Rwanda) Regulations 2008, which were made on 10 April 2008 and which implemented United Nations Security Council (UNSC) sanctions in relation to Rwanda.
UNSC resolutions 1005 and 1011 required Australia to prevent the supply, sale or transfer, directly or indirectly, to Rwanda of arms and related matériel of all types, except for narrow exceptions as provided in those resolutions. Australia was required to prevent such supply, sale or transfer from Australian territory, by Australian nationals, by persons using Australian flag vessels, and by persons using Australian flag aircraft.
Similarly, resolution 1011 required Australia to prevent the supply, sale or transfer, directly or indirectly, of arms and related matériel of all types, to persons in the States neighbouring Rwanda (Burundi, Democratic Republic of Congo, Tanzania, and Uganda), if the sale or supply was for the purpose of the use of such arms or matériel within Rwanda contrary to resolutions 1005 and 1011.
On 10 July 2008 the UNSC adopted resolution 1823 which terminated the prohibitions on the supply, sale or transfer of arms and related matériel to Rwanda imposed originally by resolutions 1005 and 1011. Accordingly, the Regulations repeal the Charter of the United Nations (Sanctions — Rwanda) Regulations 2008, which formerly gave effect to UNSC sanctions in relation to Rwanda.
Resolutions 1005, 1011 and 1823 were adopted under Article 41 of Chapter VII of the Charter and the measures 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).
Regulations made under the Customs Act 1901, which also gave effect to prohibitions on the supply, sale or transfer of arms and related matériel to Rwanda imposed originally by resolution 1011, will be amended to reflect the termination of UNSC sanctions in relation to Rwanda.
The Australian Customs Service, Attorney-General’s Department and Department of Defence were consulted during the preparation of the Regulations.
Details of the Regulations are set out in the Annex.
Annex
Charter of the United Nations (Sanctions — Rwanda) Repeal Regulations 2008
Details of the Regulations are as follows:
Regulation 1 states that the name of the Regulations is the Charter of the United Nations (Sanctions — Rwanda) Repeal Regulations 2008.
Regulation 2 provides that the Regulations commence on the day after they are registered.
Regulation 3 provides that the Charter of the United Nations (Sanctions — Rwanda)
Regulations 2008 are repealed.
Overview
The Charter of the United Nations (Sanctions — Rwanda) Repeal Regulations 2008, issued under the Charter of the United Nations Act 1945, were introduced to repeal the previously enacted Charter of the United Nations (Sanctions — Rwanda) Regulations 2008. This earlier legislation had been put in place to enforce United Nations Security Council sanctions against Rwanda, particularly those concerning the prohibition of the supply, sale or transfer of arms and related matériel. These sanctions, originally imposed by UNSC resolutions 1005 and 1011, were aimed at preventing such activities within Rwanda and to neighbouring states under certain conditions. However, with the adoption of UNSC resolution 1823 on 10 July 2008, which terminated the arms embargo on Rwanda, the need for the former sanctions regulations diminished. The repealing of these regulations aligns Australia's domestic laws with the updated UNSC directives, ensuring compliance with international obligations as stipulated in the Charter of the United Nations. The Regulations were developed with consultation from the Australian Customs Service, the Attorney-General’s Department, and the Department of Defence.
Scope and Application
The Charter of the United Nations (Sanctions — Rwanda) Repeal Regulations 2008 apply to the specific set of United Nations Security Council (UNSC) sanctions previously imposed on Rwanda and its neighbouring states, including Burundi, Democratic Republic of Congo, Tanzania, and Uganda. These Regulations, made under Section 6 of the Charter of the United Nations Act 1945, concern the implementation of UNSC decisions that require Australia to take certain measures as per Article 25 of the Charter. The Regulations specifically target the supply, sale or transfer of arms and related materiel to Rwanda, and the same activities to neighbouring states if intended for use within Rwanda. They affect any person or entity within Australia's jurisdiction, including Australian nationals, individuals using Australian flag vessels or aircraft, and transactions originating from Australian territory. The repeal of these Regulations follows the termination of the UNSC sanctions on Rwanda by resolution 1823, and thus they no longer apply as of their repeal, though other related measures under the Customs Act 1901 will be amended accordingly. The Regulations themselves have a national jurisdictional reach, applying across Australia in accordance with the international obligations under the Charter of the United Nations.
Key Provisions
The Charter of the United Nations (Sanctions — Rwanda) Repeal Regulations 2008 (Regulations) primarily concern the repeal of previously existing sanctions against Rwanda. These sanctions were implemented to prevent the supply, sale, or transfer of arms and related matériel to Rwanda and to neighbouring countries under United Nations Security Council (UNSC) resolutions 1005 and 1011. These resolutions required Australia to enforce these prohibitions, which were binding under Article 25 of the Charter of the United Nations Act 1945 (Section 6) and were initially established to address specific threats to international peace and security. Regulation 3 repeals the Charter of the United Nations (Sanctions — Rwanda) Regulations 2008, effectively removing these sanctions following the UNSC's adoption of resolution 1823 on 10 July 2008.
The obligations imposed by these Regulations include the formal repeal of the sanctions that were previously in place against Rwanda. This repeal reflects the UNSC's decision to terminate the prohibitions on the supply, sale, or transfer of arms and related matériel to Rwanda, as detailed in Resolution 1823. The Regulations also necessitate amendments to other regulations made under the Customs Act 1901, ensuring they align with the termination of UNSC sanctions against Rwanda. Compliance with these Regulations means that Australia is no longer bound by the specific prohibitions that previously applied to Rwanda and the neighbouring countries.
Any breach of the obligations or requirements set out in these Regulations could result in both civil and criminal consequences. While the specific penalties are not detailed within the explanatory statement, under the overarching Charter of the United Nations Act 1945, breaches of UNSC resolutions could potentially lead to penalties as prescribed by Australian law. The severity of these penalties could vary depending on the nature and extent of the breach, but they could include fines or imprisonment for individuals, and financial penalties for entities involved in the supply, sale, or transfer of prohibited materials. It is important for parties to adhere to these Regulations to avoid any legal repercussions.