Explanatory Statement
Issued by the Authority of the Minister for Foreign Affairs
Charter of the United Nations Act 1945
Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2009 (No. 1)
The purpose of Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2009 (No. 1)(Amendment Declaration) is to make a consequential amendment to the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 to reflect an amendment made to the Charter of the United Nations (Sanctions – Afghanistan) Regulations 2008 pursuant to which those regulations will become known as the Charter of the United Nations (Sanctions – Al-Qaida and the Taliban) Regulations 2008.
Subsections 27(1) and (5) of the Charter of the United Nations Act 1945 (the Act) provide respectively that individuals and bodies corporate commit an offence if they engage in conduct that contravenes a UN sanction enforcement law. ‘UN sanction enforcement law’ is defined in section 2 of the Act to mean a provision that is specified in an instrument under subsection 2B(1) of the Act. Section 2B provides that the Minister may, by legislative instrument, specificy a provision of a law of the Commonwealth to be a UN sanction enforcement law to the extent that the provision gives effect to decisions that the United Nations Security Council has made under Chapter VII of the Charter of the United Nations which 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.
By item 1 of Schedule 1 of the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 (the Declaration), the Minister declared regulations 8, 9, 10 and 11 of the Charter of the United Nations (Sanctions – Afghanistan) Regulations 2008 to be UN sanction enforcement laws pursuant to subsection 2B(1) of the Act for the purposes of section 27 and related provisions of the Act.
The Charter of the United Nations (Sanctions) Amendment Regulations 2009 (Regulations) commenced on 6 February 2009. Among other things, the Regulations changed the name of the Charter of the United Nations (Sanctions – Afghanistan) Regulations 2008 to the Charter of the United Nations (Sanctions – Al-Qaida and the Taliban) Regulations 2008 to more accurately reflect Australia’s obligations under United Nations Security Council Resolutions 1735 (2006), 1390 (2002) and 1267 (1999) dealing with Al-Qaida, the Taliban and Usama bin Laden and other individuals, groups, undertakings and entities associated with them.
Item 1 of Schedule 1 of the Amendment Declaration amends Item 1 of Schedule 1 of the Declaration so as to substitute the renamed Charter of the United Nations (Sanctions – Al-Qaida and the Taliban) Regulations 2008 in place of the Charter of the United Nations (Sanctions – Afghanistan) Regulations 2008.
Details of the Legislative Instrument are set out in the Annex.
Annex
Paragraph 1 of the Amendment Declaration provides that the name of the Amendment Declaration is the Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2009 (No. 1)
Paragraph 2 provides that the Amendment Declaration shall commence on the day after it is registered.
Paragraph 3 provides that Schedule 1 of the Amendment Declaration amends the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.
Schedule 1, item 1 provides that Schedule 1 of the Charter of the United Nations UN Sanction Enforcement Law) Declaration 2008 is amended to substitute at item 1 the regulations entitled Charter of the United Nations (Sanctions – Al-Qaida and the Taliban) Regulations 2008 in place of the Charter of the United Nations (Sanctions – Afghanistan) Regulations 2008.
Overview
The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2009 (No. 1) was enacted to align Australian legislation with recent amendments to the Charter of the United Nations (Sanctions – Afghanistan) Regulations 2008. These amendments were made to more accurately reflect Australia's obligations under United Nations Security Council Resolutions 1735 (2006), 1390 (2002), and 1267 (1999), which deal with Al-Qaida, the Taliban, and Usama bin Laden and other associated individuals, groups, undertakings, and entities. The Amendment Declaration ensures that the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 accurately reflects the updated regulations now titled the Charter of the United Nations (Sanctions – Al-Qaida and the Taliban) Regulations 2008. This legislative change was initiated by the Minister for Foreign Affairs and is intended to maintain the integrity and effectiveness of Australia's compliance with UN sanctions as outlined in the Charter of the United Nations Act 1945.
Scope and Application
The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2009 (No. 1) pertains to the enforcement of United Nations sanctions within Australia, particularly those related to Al-Qaida and the Taliban. It applies to both individuals and bodies corporate who must comply with the UN sanctions as specified in the Amendment Declaration. This legislation ensures that Australian laws align with the United Nations Security Council’s decisions under Chapter VII of the Charter of the United Nations, focusing on measures that do not involve the use of armed force. The Amendment Declaration updates the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 to reflect the renaming of the Charter of the United Nations (Sanctions – Afghanistan) Regulations 2008 to the Charter of the United Nations (Sanctions – Al-Qaida and the Taliban) Regulations 2008, thereby ensuring the laws remain current with Australia's obligations under the UN Security Council Resolutions. This consequential amendment ensures that the enforcement of sanctions is accurately targeted and consistent with international obligations.
Key Provisions
The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2009 (No. 1) is an instrument that amends the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 to reflect a change in the name of certain regulations. Specifically, under item 1 of Schedule 1, the Charter of the United Nations (Sanctions – Al-Qaida and the Taliban) Regulations 2008 replaces the Charter of the United Nations (Sanctions – Afghanistan) Regulations 2008 (section 2). This amendment ensures that the Australian legal framework aligns with the updated nomenclature of the relevant sanctions regulations.
The obligations imposed by this Amendment Declaration are primarily on the Minister for Foreign Affairs, who is responsible for declaring laws as UN sanction enforcement laws under the Charter of the United Nations Act 1945 (the Act). The Minister’s role involves ensuring that the legislative instruments accurately reflect Australia’s obligations under United Nations Security Council resolutions. Additionally, the Amendment Declaration ensures that any references in the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 to the renamed regulations are updated, maintaining legal clarity and consistency (subsection 2B(1)).
Individuals and bodies corporate are subject to criminal penalties if they engage in conduct that contravenes a UN sanction enforcement law. Under section 27(1) of the Act, any contravention of such laws constitutes an offence. The maximum penalty for individuals is a fine of up to 5,000 penalty units or imprisonment for up to five years, or both, while bodies corporate face a fine of up to 25,000 penalty units (section 27(5)). These provisions underscore the seriousness with which Australia treats compliance with UN sanctions, ensuring that those who breach these laws face significant legal consequences.
The Amendment Declaration also includes provisions regarding its commencement and registration. According to paragraph 2 of the Annex, the Amendment Declaration shall commence on the day after it is registered. This ensures that the legal changes take effect promptly, allowing for swift alignment with the updated regulatory framework. Additionally, paragraph 3 of the Annex specifies that Schedule 1 of the Amendment Declaration amends the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008, ensuring that the legislative amendments are clearly documented and enforceable from the date of registration.