Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2015 (No. 3)

Overview

The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2015 (No. 3) was enacted by the Australian Parliament to amend the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008. This amendment was made to ensure the implementation of the Charter of the United Nations (Sanctions – Yemen) Amendment Regulation 2015 (No. 1) and the Charter of the United Nations (Sanctions-Syria) Regulation 2015, correcting an earlier inclusion error in the Amendment Declaration. The purpose of this Amendment Declaration is to reflect the decisions made by the United Nations Security Council under Chapter VII of the Charter of the United Nations, which require Australia to apply measures not involving the use of armed force, in accordance with Article 25 of the Charter. The Declaration provides the legal framework for Australia to enforce UN sanctions, ensuring compliance with international obligations while maintaining Australia’s commitment to global peace and security.

Scope and Application

The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2015 (No. 3) amends the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 to incorporate recent regulatory changes concerning sanctions on Yemen and Syria, as mandated by United Nations Security Council resolutions. This amendment applies to individuals and bodies corporate who must comply with the updated list of UN sanction enforcement laws specified in the amended declaration, ensuring they adhere to the sanctions as per Australia's obligations under Chapter VII of the UN Charter. The amendment does not extend the geographic reach of the Act beyond its original application to Commonwealth laws and entities; however, it refines the scope of applicable regulations to more accurately reflect current UN sanctions. No exclusions or thresholds are altered by this amendment, but it ensures that the regulatory framework remains current and aligned with international obligations. The Act’s application may be further extended or restricted through additional legislative instruments as needed to reflect ongoing changes in UN sanctions.

Key Provisions

The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2015 (No. 3) (Amendment Declaration) primarily focuses on updating the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 to reflect recent legislative changes. The key provisions of this Amendment Declaration are found in Schedule 1, item 1, where it specifies the provisions of Commonwealth laws that are designated as UN sanction enforcement laws. Section 27(1) and (5) of the Charter of the United Nations Act 1945 (Act) establish that individuals and bodies corporate commit an offence if they engage in conduct that contravenes a UN sanction enforcement law. The term 'UN sanction enforcement law' is defined in section 2 of the Act as any provision specified in an instrument under sub-section 2B(1) of the Act. This means that the Minister has the authority 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 Charter of the United Nations, which Article 25 of the Charter requires Australia to carry out, particularly those decisions that require Australia to apply measures not involving the use of armed force. The obligations imposed by the Amendment Declaration on the parties and entities it governs are primarily focused on compliance with the updated Schedule 1. This updated Schedule now includes Regulations 4D and 4E of the Charter of the United Nations (Sanctions – Yemen) Amendment Regulation 2015 (No. 1), which implement the decision by the UNSC in resolutions 2216 of 14 April 2015, and removes Regulation 5 of the Charter of the United Nations (Sanctions – Syria) Regulation 2015, which had been erroneously included in an earlier Amendment Declaration. This ensures that the laws governing the enforcement of UN sanctions are current and accurate. The Amendment Declaration also ensures that the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 are not infringed upon by these changes. In terms of penalties and consequences for breach, the Amendment Declaration does not introduce new offences or penalties itself. However, section 27(1) and (5) of the Act outline that individuals and bodies corporate who engage in conduct that contravenes a UN sanction enforcement law commit an offence. The precise penalties for such offences would be detailed in the relevant regulations and could include substantial fines and imprisonment. 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. The instrument was made without public consultation as it represents a minor amendment and does not substantially alter existing arrangements, in accordance with section 18(2)(a) of the Legislative Instruments Act 2003.