Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2014 (No. 1)

Administered by Department of Foreign Affairs and Trade

Legislation au F2014L00378 Not in force Legislative Instrument

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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.

  

 

 

Overview

The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2014 (No. 1) was enacted to amend the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 in response to the enactment of the Charter of the United Nations (Sanctions – Central African Republic) Regulation 2014. This amendment was necessary to ensure that the relevant Australian laws align with the United Nations Security Council's decisions under Chapter VII of the Charter of the United Nations, specifically Resolution 2127, which imposed an arms embargo in connection with the Central African Republic. The Amendment Declaration was made by the Minister for Foreign Affairs, reflecting Australia's commitment to its international obligations. The policy objective of the Amendment Declaration is to facilitate the enforcement of UN sanctions in Australia, ensuring that Australian law gives effect to the decisions of the UN Security Council, thereby supporting global peace and security.

Scope and Application

The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2014 (No. 1) applies to provisions specified in instruments under the Charter of the United Nations Act 1945, which are intended to enforce United Nations Security Council resolutions. This amendment updates the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 to include regulations 8 and 10 of the Charter of the United Nations (Sanctions – Central African Republic) Regulation 2014. These regulations pertain to the implementation of an arms embargo in connection with the Central African Republic, as required by United Nations Security Council Resolution 2127. The Amendment Declaration applies nationally, in accordance with Australia's international legal obligations under the Charter of the United Nations. There are no exclusions, exemptions, or thresholds specified in this Amendment Declaration, and its application is directly linked to the enactment of the CAR Regulation.

Key Provisions

The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2014 (No. 1) is a legislative instrument that updates the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 (Declaration) to incorporate the Charter of the United Nations (Sanctions – Central African Republic) Regulation 2014 (CAR Regulation). This Amendment Declaration, referenced in paragraph 1, is designed to align Australian law with international obligations arising from United Nations Security Council decisions. Specifically, it specifies provisions of the CAR Regulation as UN sanction enforcement laws, as defined in section 2 of the Charter of the United Nations Act 1945 (Act), thereby formalising Australia's commitment to implementing these sanctions. This legislative update imposes obligations on parties and entities in Australia to comply with the newly specified provisions of the CAR Regulation. The key obligation, as set out in the substituted Schedule 1 of the Declaration, is to adhere to regulations 8 and 10 of the CAR Regulation. These regulations pertain to the implementation of an arms embargo in connection with the Central African Republic, as mandated by United Nations Security Council Resolution 2127. This arms embargo is a critical measure to enforce peace and stability in the region, and compliance is mandatory for all relevant parties within Australia. Failure to comply with the provisions of the Amendment Declaration and the CAR Regulation may result in legal consequences. Under section 2B of the Act, breaches of UN sanction enforcement laws can lead to civil or criminal penalties. Although specific penalties are not detailed in the Amendment Declaration, the nature of the sanctions typically includes fines and potential imprisonment. These penalties underscore the seriousness with which the Australian government treats compliance with international sanctions, reflecting the broader legal and ethical obligations that govern Australia's international conduct.

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