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 2010 (No. 1)
The purpose of Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2010 (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 the making of the Charter of the United Nations (Sanctions – Eritrea) Regulations 2010 and the repeal of the Charter of the United Nations (Sanctions – Rwanda) Regulations 2008.
Sub-sections 27(1) and (5) of the Charter of the United Nations Act 1945 (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 sub-section 2B(1) of the Act. Section 2B provides that the Minister may, by legislative instrument, specify 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 Amendment Declaration, a new Schedule 1 was substituted for the existing Schedule 1 to the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008. Schedule 1 specifies the provisions of laws of the Commonwealth that are UN sanction enforcement laws pursuant to sub-section 2B(1) of the Act for the purposes of section 27 and related provisions of the Act.
The substituted Schedule specifies that Regulations 8, 9, 10, 11, 12 and 13 of the Charter of the United Nations (Sanctions – Eritrea) Regulations 2010, Regulation 13CR of the Customs (Prohibited Exports) Regulations 1958 and regulation 4ZA of the of the Customs (Prohibited Imports) Regulations 1956 are UN sanction enforcement laws. The substituted Schedule omits reference to provisions of the Charter of the United Nations (Sanctions – Rwanda) Regulations 2008 as these regulations were repealed as of 30 August 2008.
No public consultation was undertaken under section 17 of the Legislative Instruments Act 2003 before this instrument was made as the instrument was required as a matter of urgency, in accordance with section 18 of the Legislative Instruments Act 2003, to comply with reporting requirements mandated by the United Nations Security Council.
Details of the Legislative Instrument are set out in the Annex.
Annex
Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2010 (No. 1)
Details of the Amendment Declaration are as follows:
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 2010 (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 substitutes a new Schedule 1 of the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008. The substituted Schedule 1 adds a new item 5, which provides that Regulations 8, 9, 10, 11, 12 and 13 of the Charter of the United Nations (Sanctions – Eritrea) Regulations 2010 are UN sanction enforcement laws. The substituted Schedule 1 deletes the reference to the provisions of the Charter of the United Nations (Sanctions – Rwanda) Regulations 2008 which was previously item 9. The items that were numbered 5, 6, 7 and 8 in the previous Schedule 1 are numbered 6, 7, 8 and 9 respectively in the substituted schedule. The substituted schedule adds the regulation 13CR of the Customs (Prohibited Exports) Regulations 1958 to item 13 and regulation 4ZA of the of the Customs (Prohibited Imports) Regulations 1956 to item 14.
Overview
The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2010 (No. 1) was enacted to align the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 with the Charter of the United Nations (Sanctions – Eritrea) Regulations 2010 and the repeal of the Charter of the United Nations (Sanctions – Rwanda) Regulations 2008. This Amendment Declaration was introduced by the Minister for Foreign Affairs and was required to comply with the reporting obligations mandated by the United Nations Security Council, hence it was enacted with urgency under section 18 of the Legislative Instruments Act 2003, bypassing the need for public consultation as per section 17 of the same Act. The primary objective of this Amendment Declaration is to ensure that Australian law accurately reflects the current sanctions regime imposed by the United Nations, specifically updating the list of laws that are designated as UN sanction enforcement laws. This ensures that individuals and entities in Australia are subject to the correct legal framework in relation to United Nations sanctions.
Scope and Application
The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2010 (No. 1) amends the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 to align with recent legislative changes concerning UN sanctions, specifically addressing the sanctions imposed on Eritrea and the repealed sanctions on Rwanda. This amendment applies to both individuals and bodies corporate within the Commonwealth of Australia, who are subject to the provisions of the Charter of the United Nations Act 1945. The Act mandates that these entities must comply with the UN sanction enforcement laws, which are defined as provisions specified in legislative instruments under section 2B of the Act. These laws give effect to decisions made by the United Nations Security Council under Chapter VII of the UN Charter, which Australia is obligated to implement under Article 25 of the Charter. The Amendment Declaration updates the list of specified provisions, including new regulations concerning Eritrea and removing references to the repealed Rwanda sanctions, thereby reflecting the current obligations under international law. The Amendment Declaration operates nationally across Australia and is not subject to state or territory legislation, ensuring a unified approach to compliance with UN sanctions.
Key Provisions
The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2010 (No. 1) amends the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 to reflect the creation of new regulations and the repeal of others. Section 27 of the Charter of the United Nations Act 1945 (subsections (1) and (5)) states that individuals and bodies corporate can commit an offence if they engage in conduct that contravenes a UN sanction enforcement law, which is defined in section 2 of the Act as a provision specified in an instrument under subsection 2B(1) of the Act. This means that any provision of a law of the Commonwealth that is specified in an instrument under subsection 2B(1) of the Act is considered a UN sanction enforcement law, to the extent that it gives effect to decisions made by the United Nations Security Council under Chapter VII of the Charter of the United Nations, requiring Australia to apply measures not involving the use of armed force.
The Amendment Declaration updates Schedule 1 of the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 to include the Charter of the United Nations (Sanctions – Eritrea) Regulations 2010, specifically Regulations 8, 9, 10, 11, 12 and 13. It also includes Regulation 13CR of the Customs (Prohibited Exports) Regulations 1958 and Regulation 4ZA of the Customs (Prohibited Imports) Regulations 1956. Conversely, it removes the Charter of the United Nations (Sanctions – Rwanda) Regulations 2008, which were repealed on 30 August 2008. These changes ensure that the provisions of laws of the Commonwealth that are UN sanction enforcement laws are accurately reflected in Schedule 1.
Entities and individuals governed by the Act must comply with the provisions listed in Schedule 1 as UN sanction enforcement laws. This includes adhering to the sanctions outlined in the Charter of the United Nations (Sanctions – Eritrea) Regulations 2010, Customs (Prohibited Exports) Regulations 1958, and Customs (Prohibited Imports) Regulations 1956. Failure to comply with these laws can result in criminal penalties. Under section 27 of the Charter of the United Nations Act 1945, individuals and bodies corporate can be liable for offences if they engage in conduct that contravenes a UN sanction enforcement law. The maximum penalties for these offences are not specified in the Amendment Declaration, but generally, penalties for breaches of UN sanction laws can include fines and imprisonment, as outlined in the relevant regulations and Acts.