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 2014 (No. 1)
The purpose of Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2014(No. 1) (Amendment Declaration) is to make a consequential amendment to the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 (Declaration) to reflect the enactment of the Charter of the United Nations (Sanctions – Central African Republic) Regulation 2014 (CAR Regulation).
‘UN sanction enforcement law’ is defined in section 2 of the Charter of the United Nations Act 1945 (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.
For subsection 2B (1) of the Act, each item in Schedule 1 of the Declaration is specified as a UN sanction enforcement law. Item 1 of Schedule 1 of the Amendment Declaration substitutes a new Schedule 1 which includes as items regulations 8 and 10 of the CAR Regulation.
No public consultation was undertaken in relation to the Amendment Declaration as it implements Australia’s international legal obligations arising from decisions of the United Nations Security Council.
Details of the Legislative Instrument are set out in the Annex.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2014 (No. 1)
The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2014 (No. 1) (Amendment Declaration) makes consequential amendments to the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 (Declaration) to reflect the enactment of the Charter of the United Nations (Sanctions – Central African Republic) Regulation 2014 (CAR Regulation).
Each item in Schedule 1 of the Declaration is specified as a UN sanction enforcement law. The Amendment Declaration substitutes a new Schedule 1 so that it includes as items regulations 8 and 10 of the CAR Regulation. Regulations 8 and 10 of the CAR Regulation implement the decision by the United Nations Security Council in resolution 2127 of 5 December 2013, which imposed an arms embargo in connection with the Central African Republic.
The consequential amendments made by the Amendment Declaration do not engage, and are therefore compatible with, the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Annex
Details of the Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2014 (No. 1)
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 2014 (No. 1).
Paragraph 2 - Commencement
Paragraph 2 provides that the Amendment Declaration shall commence on the day after it is registered.
Paragraph 3 – Amendment of the 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 reflects the enactment of the Charter of the United Nations (Sanctions – Central African Republic) Regulation 2014.
The substituted Schedule 1 inserts regulations 8 and 10 of the Charter of the United Nations (Sanctions – Central African Republic) Regulation 2014 as item 3.
The implementation of an arms embargo in connection with the Central African Republic implements Australia’s obligations under United Nations Security Council Resolution 2127.
The substituted Schedule 1 also changes the numbering of items 3 to 15 to take account of the above insertions.