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. 2)
The purpose of Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2010 (No. 2) (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 –Syria) Regulations 2015.
Sub-sections 27(1) and (5) of the 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, specificy 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 Amendment Declaration the Minister substituted for the existing Schedule 1 of the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 a replacement Schedule 1 specifying 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 includes Regulations 5 and 6 of the Charter of the United Nations (Sanctions-Syria) Regulation 2015.
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.
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 2013 (No. 2)
The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2015 (No. 2) (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 – Syria) Regulation 2015 (Syria 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 5 and 6 of the Syria Regulation. Regulations 5 and 6 of the Syria Regulation implement the decision by the UNSC in resolutions 2199 of 14 February 2015.
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
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 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, which provides that Regulations 5 and 6 of the Charter of the United Nations (Sanctions – Syria) Regulations 2015 are UN sanction enforcement laws.
Overview
The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2015 (No. 2) was enacted to address the need for Australia to comply with United Nations Security Council resolutions related to sanctions, specifically concerning Syria. This amendment was made necessary by the enactment of the Charter of the United Nations (Sanctions – Syria) Regulations 2015, which required corresponding adjustments to the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008. The Australian Minister for Foreign Affairs introduced this amendment under the authority granted by the Charter of the United Nations Act 1945, ensuring alignment with Australia's obligations under Chapter VII of the UN Charter, particularly Article 25. The policy objective is to enforce UN sanctions that do not involve the use of armed force, thereby facilitating international cooperation in maintaining global peace and security. The amendment was made urgently to meet international reporting obligations, and it has been confirmed as compatible with human rights obligations under the Human Rights (Parliamentary Scrutiny) Act 2011.
Scope and Application
The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2015 (No. 2) 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 – Syria) Regulations 2015. The Amendment Declaration specifies provisions of Commonwealth laws as UN sanction enforcement laws, giving effect to decisions made by the United Nations Security Council under Chapter VII of the Charter of the United Nations, as required by Australia under Article 25 of the Charter. These decisions pertain to measures not involving the use of armed force, and the Amendment Declaration includes Regulations 5 and 6 of the Charter of the United Nations (Sanctions – Syria) Regulations 2015 within the specified laws. The Amendment Declaration applies to individuals and bodies corporate who commit an offence if they engage in conduct that contravenes a UN sanction enforcement law, as defined in section 2 of the Act. This legislation has a national jurisdictional reach, as it pertains to the enforcement of UN sanctions within Australia. The Amendment Declaration extends the application of the relevant laws through its Schedule, which was substituted to include the new regulations. The instrument was made without public consultation due to the urgency required to comply with the United Nations Security Council's reporting requirements.
Key Provisions
The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2015 (No. 2) amends the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008, integrating new regulations that reflect the Charter of the United Nations (Sanctions – Syria) Regulations 2015. Specifically, sections 27(1) and (5) of the Act criminalise any conduct by individuals or bodies corporate that contravenes a UN sanction enforcement law, as defined in section 2 of the Act (Section 27(1) and (5)). The term "UN sanction enforcement law" is defined to mean any provision specified in an instrument under section 2B(1) of the Act (Section 2). Section 2B allows the Minister to specify Commonwealth laws as UN sanction enforcement laws if they implement decisions made by the United Nations Security Council under Chapter VII of the UN Charter, provided these decisions require Australia to apply measures that do not involve the use of armed force (Section 2B).
The Amendment Declaration imposes obligations on individuals and bodies corporate to comply with the specified provisions of the Charter of the United Nations (Sanctions – Syria) Regulations 2015, which are now considered UN sanction enforcement laws (Schedule 1, item 1). This includes adherence to regulations 5 and 6 of the Syria Regulations, which implement UNSC resolutions 2199 of 14 February 2015. The consequential amendments ensure that the Declaration now includes these regulations, thereby expanding the scope of laws that enforce UN sanctions against Syria (Schedule 1, item 1).
For breach of any provision specified as a UN sanction enforcement law, individuals and bodies corporate may face legal consequences. The maximum penalties for contravening these laws can include substantial fines and imprisonment, reflecting the serious nature of non-compliance with UN sanctions. The precise penalties are not specified within the Amendment Declaration but are outlined in the relevant regulations and the principal Act. The consequential amendments made by the Amendment Declaration are deemed to be compatible with human rights and freedoms as recognised in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011.