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 2015 (No. 1)
The purpose of the Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2015 (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 – South Sudan) Regulation 2015 (the 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 (UNSC) 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 sections 5 and 6 of the 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 UNSC.
Details of the Legislative Instrument are set out in the Attachment.
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 2015 (No. 1)
The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2015 (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 – South Sudan) Regulation 2015 (the 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 sections 5 and 6 of the Regulation. Sections 5 and 6 of the Regulation implement the decision by the United Nations Security Council (UNSC) in resolution 2206 (2015) of 3 March 2015, which provided for the imposition of targeted financial sanctions on persons and entities deisgnated by the Committee established under that resolution.
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.
Attachment
Details of the Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2015 (No. 1)
Paragraph 1 – Name of Instrument
Paragraph 1 provides that the name of the instrument is the Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2015 (No. 1).
Paragraph 2 - Commencement
Paragraph 2 provides that the instrument commences 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 instrument 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 – South Sudan) Regulation 2015.
The substituted Schedule 1 inserts sections 5 and 6 of the Charter of the United Nations (Sanctions – South Sudan) Regulation 2015 as item 14.
The implementation of targeted financial sanctions on designated persons and entities connected with South Sudan implements Australia’s obligations under United Nations Security Council resolutions 2206 (2015).
The substituted Schedule 1 also changes the numbering of items 14 to 19 to take account of the above insertions.
Overview
The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2015 (No. 1) was enacted to amend the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008, aligning it with the Charter of the United Nations (Sanctions – South Sudan) Regulation 2015. This amendment was necessary to reflect the imposition of targeted financial sanctions on individuals and entities linked to South Sudan, as mandated by United Nations Security Council Resolution 2206 (2015). This legislation was introduced by the Australian Government to ensure compliance with international obligations arising from the decisions of the United Nations Security Council. The policy objective is to facilitate the enforcement of UN sanctions in Australia, thereby contributing to international peace and security.
The enacting body was the Minister for Foreign Affairs, acting under the authority of the Charter of the United Nations Act 1945. The Amendment Declaration makes consequential changes to the existing law to include sections 5 and 6 of the new Regulation in the list of UN sanction enforcement laws. This ensures that the Australian legal framework supports the implementation of targeted sanctions, as specified by the UNSC, without involving the use of armed force. The amendments are deemed compatible with human rights as they do not interfere with the rights and freedoms recognised under international instruments.
Scope and Application
The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2015 (No. 1) is a legislative instrument that serves to amend the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 to align with the Charter of the United Nations (Sanctions – South Sudan) Regulation 2015. This Amendment Declaration is relevant to individuals, entities, and any conduct or transactions that may be impacted by the targeted financial sanctions imposed on designated persons and entities connected with South Sudan, as mandated by the United Nations Security Council resolution 2206 (2015). The Amendment Declaration applies on a national level, reflecting Australia's commitment to its international obligations under the UN Charter, specifically Article 25, which requires member states to implement UNSC decisions. The Amendment Declaration does not engage with human rights and freedoms as stipulated in the Human Rights (Parliamentary Scrutiny) Act 2011, indicating its compatibility with these rights. This legislative amendment ensures that Australia's domestic law remains in harmony with its international obligations, particularly those concerning UN sanctions.
Key Provisions
The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2015 (No. 1) (Amendment Declaration) makes consequential amendments to the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 (Declaration) to align with the Charter of the United Nations (Sanctions – South Sudan) Regulation 2015 (the Regulation). Section 2B(1) of the Charter of the United Nations Act 1945 (Act) allows the Minister to specify a Commonwealth law as a UN sanction enforcement law, provided it implements UNSC decisions under Chapter VII of the UN Charter, excluding those requiring the use of armed force. The Amendment Declaration modifies the Declaration by replacing its Schedule 1 with a new one that includes sections 5 and 6 of the Regulation. These sections implement the UNSC resolution 2206 (2015) by imposing targeted financial sanctions on individuals and entities linked to South Sudan.
The Amendment Declaration imposes specific obligations on relevant parties and entities. It mandates the enforcement of targeted financial sanctions against designated individuals and entities associated with South Sudan, in line with the UNSC resolution. These sanctions include measures such as asset freezes and travel bans. The Amendment Declaration also ensures that sections 5 and 6 of the Regulation are recognised as UN sanction enforcement laws, thus reinforcing Australia's commitment to implementing UNSC resolutions. Compliance with these provisions is essential for entities and individuals within Australia to avoid potential legal repercussions.
Breaches of the obligations under the Amendment Declaration can result in both civil and criminal consequences. Under the Charter of the United Nations (Sanctions – South Sudan) Regulation 2015, violations of the imposed sanctions may lead to fines and imprisonment. Specifically, section 12 of the Regulation provides for maximum penalties of up to 10,000 penalty units (approximately AUD 1.7 million) or imprisonment for up to 10 years, or both, for serious breaches. Additionally, non-compliance with the specified sanctions can result in civil penalties, including fines and legal action against offending entities or individuals. The severity of these penalties underscores the importance of adhering to the UNSC resolutions and the consequential legislative measures implemented by the Amendment Declaration.