Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2016 (No. 2)

Administered by Department of Foreign Affairs and Trade

Legislation au F2016L01857 Not in force Legislative Instrument

Legislation content

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 2016 (No. 2)

 

The purpose of the Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2016 (No.2) (the 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 – Democratic People’s Republic of Korea) Amendment Regulation 2016.  The Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) Amendment Regulation 2016 amended the Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) Regulation 2008.

 

Sub-sections 27(1) and (5) of the Charter of the United Nations Act 1945 (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, 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.

 

By item 1 of Schedule 1 of the 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. The replacement Schedule 1 specifies the provisions of Commonwealth laws 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 references to all of the provisions of the Charter of the United Nations (Sanctions-Democratic People’s Republic of Korea) Regulation 2008 (as amended by the Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) Amendment Regulation 2016) that are declared to be UN sanction enforcement laws.

 

No public consultation was undertaken under section 17 of the Legislation Act 2003 before this instrument was made as the instrument represents a minor amendment and does not substantially alter existing arrangements, in accordance with section 17(2) of the Legislation Act 2003.

 

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 2016 (No.2)

 

The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2016 (No. 2) (Amendment Declaration) makes consequential amendments to the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 (Declaration) to reflect the implemetation of the Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) Amendment Regulation 2016.  The Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) Amendment Regulation 2016 amended the Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) Regulation 2008.

 

Each item in Schedule 1 of the Declaration is specified as a UN sanction enforcement law.  The Amendment Declaration substitutes a new Schedule 1 to include all the provisions of the Charter of the United Nations (Sanctions - Democratic People’s Republic of Korea) Regulation 2008 (as amended by the Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) Amendment Regulation 2016) that are declared to be UN sanction enforcement laws.

 

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 2016 (No. 2)

 

 

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 2016 (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 to include all the provisions of the Charter of the United Nations (Sanctions-Democratic People’s Republic of Korea) Regulation 2008 (as amended by Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) Amendment Regulation 2016) that are declared to be UN sanction enforcement laws.

 

 

 

Overview

The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2016 (No. 2) was enacted to amend the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008, thereby updating the legal framework to reflect the changes made by the Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) Amendment Regulation 2016. The primary objective of this Amendment Declaration is to ensure that Australian law remains aligned with United Nations Security Council resolutions concerning sanctions on the Democratic People’s Republic of Korea. By substituting the existing Schedule 1 of the Declaration 2008 with a new one, the Amendment Declaration specifies the Commonwealth laws that are now considered UN sanction enforcement laws, in accordance with the Charter of the United Nations Act 1945. This amendment was introduced by the Minister for Foreign Affairs and was made without public consultation, as it did not substantially alter existing arrangements. Furthermore, the Amendment Declaration has been assessed for compatibility with human rights, finding no conflict with the rights recognised in relevant international instruments.

Scope and Application

The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2016 (No. 2) amends the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 to incorporate the Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) Amendment Regulation 2016. This amendment is made to ensure that the Australian implementation of United Nations Security Council sanctions against the Democratic People’s Republic of Korea remains current and comprehensive. Under the Charter of the United Nations Act 1945, individuals and corporate bodies are subject to criminal penalties if they engage in conduct that contravenes a UN sanction enforcement law, which is defined as a provision specified in an instrument under the Act that gives effect to certain UN Security Council decisions. The Amendment Declaration updates the list of specified provisions to include all relevant provisions of the amended Korea sanctions regulation. The instrument applies nationally and affects any individual or corporation within Australia that might otherwise engage in prohibited conduct under the UN sanctions regime. The scope of the amendment is limited to the specified provisions of the Korea sanctions regulation and does not require public consultation as it does not substantially alter existing arrangements.

Key Provisions

The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2016 (No. 2) amends the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 to incorporate the changes made by the Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) Amendment Regulation 2016. The primary purpose of this amendment is to ensure that the Australian domestic laws align with the updated United Nations sanctions against the Democratic People’s Republic of Korea (DPRK). Section 27(1) and (5) of the Charter of the United Nations Act 1945 (the Act) outline that individuals and bodies corporate are prohibited from engaging in conduct that contravenes a UN sanction enforcement law. These laws are specified under section 2B(1) of the Act, which allows the Minister to designate certain Commonwealth laws as UN sanction enforcement laws if they give effect to decisions made by the United Nations Security Council under Chapter VII of the Charter of the United Nations. The Amendment Declaration imposes obligations on individuals and entities in Australia to comply with the updated sanctions against the DPRK. By item 1 of Schedule 1, the Minister has replaced the existing Schedule 1 of the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 with a new Schedule 1 that specifies the provisions of the Charter of the United Nations (Sanctions-Democratic People’s Republic of Korea) Regulation 2008 (as amended) that are now considered UN sanction enforcement laws. This includes all measures and restrictions that have been updated by the Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) Amendment Regulation 2016. The updated Schedule ensures that Australian laws reflect the latest sanctions imposed by the UN Security Council. The Amendment Declaration does not specify any new offences or penalties but reinforces the existing provisions of the Charter of the United Nations Act 1945. Engaging in conduct that contravenes a UN sanction enforcement law is an offence under section 27(1) and (5) of the Act. The penalties for breaching these provisions can include imprisonment for up to 10 years or a fine of up to 5,000 penalty units, or both, as specified under section 27(7) of the Act. Additionally, any body corporate found guilty of an offence under section 27 may be subject to a penalty of up to 50,000 penalty units, as outlined in section 27(8). These stringent penalties underscore the importance of compliance with international sanctions imposed by the United Nations.

Legal classification tags

Area of Law
International Law
Instrument
Legislative Instrument
Concepts
Commencement Provisions
Regulatory Standards
Offence Provisions

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.