EXPLANATORY STATEMENT
Select Legislative Instrument 2010 No. 325
Charter of the United Nations Act 1945
Charter of the United Nations (Sanctions — Sierra Leone) Repeal Regulations 2010
The purpose of the Regulations is to repeal the Charter of the United Nations (Sanctions — Sierra Leone) Regulations 2008 (the Principal Regulations), which were made on 10 April 2008 (repealing the Charter of the United Nations (Sanctions – Sierra Leone) Regulations 1997) and which implemented United Nations Security Council (UNSC) sanctions in relation to Sierra Leone.
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 UNSC has made under Chapter VII of the Charter of the United Nations (the Charter) and those 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.
UNSC resolutions 1132 (8 October 1997) and 1171 (5 June 1998) required Australia to prevent the unauthorised supply, sale or transfer, directly or indirectly, to Sierra Leone of arms and related matériel. 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.
On 29 September 2010, the UNSC adopted resolution 1940 which terminated the prohibitions on the supply, sale or transfer of arms and related matériel to Sierra Leone. Accordingly, the Regulations repeal the Principal Regulations, which formerly gave effect to UNSC sanctions in relation to Sierra Leone.
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 Sierra Leone imposed by UNSC resolutions 1132 and 1171, will be amended to reflect the termination of UNSC sanctions in relation to Sierra Leone.
The Australian Customs and Border Protection Service, Attorney-General’s Department and Department of Defence were consulted during the preparation of the Regulations. Interdepartmental and industry consultations were undertaken during the preparation of the Principal Regulations. Public consultations on the implementation of regulations made under the Charter of the United Nations Act 1945 are conducted annually. No specific public consultation was undertaken in relation to the present regulations as they implement Australia’s international legal obligations arising from decisions of the UNSC.
Resolutions 1132, 1171 and 1940 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).
Details of the Regulations are set out in the Attachment.
Attachment
Details of the Charter of the United Nations (Sanctions — Sierra Leone) Repeal Regulations 2010
Regulation 1 – Name of the Regulations
Regulation 1 provides that the name of the Regulations is the Charter of the United Nations (Sanctions — Sierra Leone) Repeal Regulations 2010.
Regulation 2 – Commencement
Regulation 2 provides that the Regulations are taken to have commenced on 29 September 2010.
Regulation 3 – Repeal
Regulation 3 provides that the Charter of the United Nations (Sanctions — Sierra Leone)
Regulations 2008 are repealed.
Overview
The Charter of the United Nations (Sanctions — Sierra Leone) Repeal Regulations 2010 (F2010L03162) were enacted to address the need for the repeal of existing sanctions against Sierra Leone, as mandated by the United Nations Security Council (UNSC). The legislation was introduced to give effect to UNSC resolution 1940, which terminated the prohibitions on the supply, sale or transfer of arms and related matériel to Sierra Leone, previously established by resolutions 1132 and 1171. Enacted by the Australian Parliament, the Charter of the United Nations Act 1945 empowers the Governor-General to make regulations that align Australia's domestic laws with its obligations under Chapter VII of the UN Charter, specifically Article 25, which requires Australia to carry out UNSC decisions. The policy objective of the Regulations is to ensure that Australia's domestic legal framework remains consistent with the latest UNSC mandates, thus maintaining compliance with international obligations.
Scope and Application
The Charter of the United Nations (Sanctions — Sierra Leone) Repeal Regulations 2010 applies to the cessation of United Nations Security Council sanctions previously imposed on Sierra Leone, specifically the prohibitions on the supply, sale or transfer of arms and related matériel. These Regulations are designed to align Australian law with the termination of these sanctions as per UNSC resolution 1940, which was adopted on 29 September 2010. The Regulations repeal the Charter of the United Nations (Sanctions — Sierra Leone) Regulations 2008, which were made to give effect to UNSC resolutions 1132 and 1171. The repealed Regulations had mandated Australia to prevent the unauthorised supply, sale or transfer of arms and related matériel to Sierra Leone from Australian territory, by Australian nationals, by persons using Australian flag vessels, and by persons using Australian flag aircraft. The new Regulations effectively nullify these previous obligations, reflecting the UNSC’s decision to lift the sanctions. The repeal is applicable across the Commonwealth of Australia, impacting any persons or entities previously bound by the former sanctions regulations. Additionally, the Regulations coordinate with amendments to be made to the Customs Act 1901 to ensure consistency in Australia's regulatory framework.
Key Provisions
The Charter of the United Nations (Sanctions — Sierra Leone) Repeal Regulations 2010, made under the Charter of the United Nations Act 1945, repeal the Charter of the United Nations (Sanctions — Sierra Leone) Regulations 2008. This repeal occurs due to the United Nations Security Council’s (UNSC) adoption of resolution 1940 on 29 September 2010, which terminated the prohibitions on the supply, sale, or transfer of arms and related matériel to Sierra Leone (Reg. 3). These Regulations come into effect on the same date as the UNSC resolution, 29 September 2010 (Reg. 2). The name of these Regulations is clearly stated as the Charter of the United Nations (Sanctions — Sierra Leone) Repeal Regulations 2010 (Reg. 1).
The Act imposes specific obligations on entities and individuals within Australia. Under Section 6 of the Charter of the United Nations Act 1945, the Governor-General has the authority to make regulations that give effect to decisions made by the UNSC under Chapter VII of the Charter, as well as those required by Article 25. The Regulations, therefore, formalise the cessation of the sanctions previously imposed by resolutions 1132 and 1171. The Act ensures that Australia adheres to its international obligations by aligning domestic regulations with the UNSC’s decisions.
There are no explicit offences or penalties stated within the Explanatory Statement or the Regulations themselves for the breach of these repealed sanctions. However, the obligations under the Charter of the United Nations Act 1945 and the UNSC resolutions would still hold legal weight, and failure to comply with them could result in significant legal consequences. For instance, any continued unauthorised supply, sale, or transfer of arms and related matériel to Sierra Leone post-repeal could lead to civil or criminal penalties under other relevant Australian laws, such as the Customs Act 1901. The specific penalties for such breaches would be determined by the applicable laws at the time of the alleged breach.