Explanatory Statement
Issued by the Authority of the Minister for Trade
Charter of the United Nations Act 1945
Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2011 (No. 1)
The purpose of Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2011 (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 – Libyan Arab Jamahiriya) Regulations 2011.
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 6, 8, 9, 11 and 12 of the Charter of the United Nations (Sanctions – Libyan Arab Jamahiriya) Regulations 2011, Regulation 13CS of the Customs (Prohibited Exports) Regulations 1958 and regulation 4ZB of the of the Customs (Prohibited Imports) Regulations 1956 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
Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2011 (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 2011 (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 10, which provides that Regulations 6, 8, 9, 11 and 12 of the Charter of the United Nations (Sanctions – Libyan Arab Jamahiriya) Regulations 2011 are UN sanction enforcement laws. The items that were numbered 10, 11, 12, 13, 14 and 15 in the previous Schedule 1 are numbered 11, 12, 13, 14, 15 and 16 respectively in the substituted schedule. The substituted schedule adds the regulation 13CS of the Customs (Prohibited Exports) Regulations 1958 to renumbered item 14 and regulation 4ZB of the of the Customs (Prohibited Imports) Regulations 1956 to renumbered item 15.
Overview
The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2011 (No. 1) was enacted to make consequential amendments to the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008, in response to the creation of the Charter of the United Nations (Sanctions – Libyan Arab Jamahiriya) Regulations 2011. This Amendment Declaration was made by the Minister for Trade under the authority of the Charter of the United Nations Act 1945, aiming to align Australian law with the obligations imposed by United Nations Security Council resolutions concerning Libya. The policy objective is to ensure that Australian law effectively enforces United Nations sanctions, thereby supporting international efforts to maintain peace and security. This was achieved by specifying additional provisions of Commonwealth law as UN sanction enforcement laws, thereby expanding the scope of the Act to cover new sanctions regulations.
Scope and Application
The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2011 (No. 1) amends the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 to reflect the creation of the Charter of the United Nations (Sanctions – Libyan Arab Jamahiriya) Regulations 2011. This amendment is necessary to ensure the alignment of Australian law with United Nations Security Council decisions under Chapter VII of the Charter of the United Nations, which require Australia to implement measures not involving the use of armed force. The Amendment Declaration specifies additional Commonwealth regulations as UN sanction enforcement laws, including Regulations 6, 8, 9, 11, and 12 of the Charter of the United Nations (Sanctions – Libyan Arab Jamahiriya) Regulations 2011, Regulation 13CS of the Customs (Prohibited Exports) Regulations 1958, and regulation 4ZB of the Customs (Prohibited Imports) Regulations 1956. These laws apply to individuals and bodies corporate who engage in conduct that contravenes UN sanction enforcement laws. The Amendment Declaration operates on a national level, with its scope extending across Australia in accordance with the provisions of the Charter of the United Nations Act 1945. The Amendment Declaration does not specify any exclusions or exemptions, and compliance with the specified regulations is mandatory for all entities within its jurisdictional reach. The application of these laws can be further detailed or modified through subordinate instruments as necessary.
Key Provisions
The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2011 (No. 1) amends the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 to reflect the making of the Charter of the United Nations (Sanctions – Libyan Arab Jamahiriya) Regulations 2011. Section 27(1) and (5) of the Charter of the United Nations Act 1945 (Act) establishes that individuals and bodies corporate commit an offence if they engage in conduct that contravenes a UN sanction enforcement law. This Amendment Declaration specifies that certain regulations are UN sanction enforcement laws, thus making compliance with these regulations legally binding under the Act.
Entities and individuals governed by the Act are required to adhere to the provisions specified in the new Schedule 1 of the Declaration. Specifically, they must comply with Regulations 6, 8, 9, 11, and 12 of the Charter of the United Nations (Sanctions – Libyan Arab Jamahiriya) Regulations 2011, regulation 13CS of the Customs (Prohibited Exports) Regulations 1958, and regulation 4ZB of the Customs (Prohibited Imports) Regulations 1956. These regulations mandate measures related to sanctions against the Libyan Arab Jamahiriya, prohibiting certain actions that could contravene the UN Security Council’s resolutions.
Failure to comply with the provisions specified in the Amendment Declaration can result in legal consequences. According to section 27 of the Act, individuals and bodies corporate who engage in conduct that contravenes a UN sanction enforcement law commit an offence. The penalties for such offences are not explicitly stated in the Amendment Declaration but are governed by the broader provisions of the Charter of the United Nations Act 1945. Typically, penalties for breaches of such laws can include substantial fines and imprisonment, reflecting the seriousness of contravening international sanctions mandated by the United Nations Security Council.
The Amendment Declaration was made without public consultation, as it was required urgently to meet the reporting requirements mandated by the UN Security Council. This urgency underscores the importance of swift compliance with international sanctions to maintain Australia’s obligations under the Charter of the United Nations. The Declaration’s provisions are designed to ensure that Australian entities and individuals do not engage in activities that could undermine the effectiveness of international sanctions, thereby supporting global efforts to maintain peace and security.