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. 2)
The purpose of the Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2010 (No. 2) (the Amendment Declaration) is to make a consequential amendment to the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 to reflect amendments to the Charter of the United Nations (Sanctions – Iran) Regulations 2008, made under the Charter of the United Nations (Sanctions – Iran) Amendment Regulations 2010.
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 10, 11A, 12, 13, 15, 16, 17A, 17B, 17C and 17E of the Charter of the United Nations (Sanctions – Iran) Regulations 2008 are UN sanction enforcement laws.
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
Details of the Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2010 (No. 2)
Paragraph 1 – Name of Instrument
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. 2)
Paragraph 2 - Commencement
Paragraph 2 provides that the Amendment Declaration shall commence on the day after it is registered.
Paragraph 3 - Amendment of Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.
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 - Amendment
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 new regulations 11A, 17A, 17B, 17C and 17E to item 6, which provides that Regulations 10, 11A, 12, 13, 15 and 16 of the Charter of the United Nations (Sanctions – Iran) Regulations 2008 are UN sanction enforcement laws.