Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2017 (No. 1)

Administered by Department of Foreign Affairs and Trade

Legislation au F2017L00200 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 2017 (No. 1)

 

The purpose of the Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2017 (No.1) (Amendment Declaration) is to make a consequential amendments to the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 (Declaration) to reflect the repealing of the Charter of the United Nations (Sanctions – Cote d’Ivoire) Regulations 2008 (Cote d’Ivoire Regulations) and regulation 4N of the Customs (Prohibited Imports) Regulations 1956 (Customs Regulations).

 

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

 

By item 1 of Schedule 1 of the Amendment Declaration, the Minister substitutes the existing Schedule 1 of the Declaration with 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.  The substitute Schedule removes references to all of the provisions of the Cote d’Ivoire Regulations.  In accordance with section 8 of the Act, the Cote d’Ivoire Regulations ceased to have effect with the adoption of UN Security Council Resolution 2283 (2016) on 28 April 2016 (New York time, being 29 April 2016 in Canberra).  The cessation of UN Security Council sanctions on Cote d’Ivoire resulted in the Cote d’Ivoire Regulations being repealed.

 

The substitute Schedule also removes reference to regulation 4N of the Customs Regulations.  Regulation 4N of the Customs Regulations imposed an absolute prohibition on the importation of rough diamonds from Cote d’Ivoire.  The regulation was originally introduced to give domestic effect to Australia’s international obligations pursuant to UN Security Council Resolution 1643 (2005) to prohibit the importation of rough diamonds from certain countries including Cote d’Ivoire.  However, the UN Security Council’s adoption of Resolution 2153 (2014) on 29 April 2014 lifted the sanctions imposed by Resolution 1643 (2005).  Regulation 4N of the Customs Regulations was repealed by the Customs (Prohibited Imports) Amendment (Cote d’Ivoire Rough Diamonds) Regulation 2015.

 

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 2017 (No. 1)

 

The purpose of the Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2017 (No.1) (Amendment Declaration) is to make a consequential amendments to the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 (Declaration) to reflect the repealing of the Charter of the United Nations (Sanctions – Cote d’Ivoire) Regulations 2008 (Cote d’Ivoire Regulations) and regulation 4N of the Customs (Prohibited Imports) Regulations 1956 (Customs Regulations).

 

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

 

By item 1 of Schedule 1 of the Amendment Declaration, the Minister substitutes the existing Schedule 1 of the Declaration with 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.  The substitute Schedule removes references to all of the provisions of the Cote d’Ivoire Regulations.  In accordance with section 8 of the Act, the Cote d’Ivoire Regulations ceased to have effect with the adoption of UN Security Council Resolution 2283 (2016) on 28 April 2016 (New York time, being 29 April 2016 in Canberra).  The cessation of UN Security Council sanctions on Cote d’Ivoire resulted in the Cote d’Ivoire Regulations being repealed.

 

The substitute Schedule also removes reference to regulation 4N of the Customs Regulations.  Regulation 4N of the Customs Regulations imposed an absolute prohibition on the importation of rough diamonds from Cote d’Ivoire.  The regulation was originally introduced to give domestic effect to Australia’s international obligations pursuant to UN Security Council Resolution 1643 (2005) to prohibit the importation of rough diamonds from certain countries including Cote d’Ivoire.  However, the UN Security Council’s adoption of Resolution 2153 (2014) on 29 April 2014 lifted the sanctions imposed by Resolution 1643 (2005).  Regulation 4N of the Customs (Prohibited Imports) Regulations 1956 was repealed by the Customs (Prohibited Imports) Amendment (Cote d’Ivoire Rough Diamonds) Regulation 2015.

 

These 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 2017 (No. 1)

 

 

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 2017 (No. 1) (Amendment Declaration).

 

Paragraph 2 provides that the Amendment Declaration and Schedule 1 of 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 remove reference to all of the provisions of the Charter of the United Nations (Sanctions-Cote d’Ivoire) Regulations 2008 (Cote d’Ivoire Regulations) as well as regulation 4N of the Customs (Prohibited Imports) Regulations 1956 (Customs Regulations).  The cessation of UN Security Council sanctions on Cote d’Ivoire under UN Security Council Resolution 2283 (2016) has resulted in the Cote d’Ivoire Regulations being repealed.  The UN Security Council’s adoption of Resolution 2153 (2014) lifted the sanctions imposed by Resolution 1643 (2005).  Given regulation 4N of the Customs Regulation was originally introduced to give domestic effect to Australia’s international obligations pursuant to Resolution 1643 (2005), regulation 4N has now been repealed.

 

 

Overview

The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2017 (No. 1) was enacted to make consequential amendments to the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008, reflecting the repealing of the Charter of the United Nations (Sanctions – Cote d’Ivoire) Regulations 2008 and regulation 4N of the Customs (Prohibited Imports) Regulations 1956. This amendment was introduced by the Australian Parliament to ensure that the Australian legal framework aligns with the current international sanctions regime set by the United Nations. Specifically, the Declaration updates the list of Commonwealth laws considered UN sanction enforcement laws by removing references to the repealed Cote d’Ivoire Regulations and the Customs Regulation concerning the prohibition of rough diamond imports from Cote d’Ivoire. This update follows the cessation of UN Security Council sanctions on Cote d’Ivoire and the lifting of related sanctions, ensuring that Australian laws remain consistent with current international obligations.

Scope and Application

The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2017 (No.1) serves to update the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 by removing references to the repealed Charter of the United Nations (Sanctions – Cote d’Ivoire) Regulations 2008 and regulation 4N of the Customs (Prohibited Imports) Regulations 1956. This amendment follows the cessation of UN Security Council sanctions on Cote d’Ivoire and the lifting of the ban on importing rough diamonds from the country, as per UN Security Council Resolutions 2283 (2016) and 2153 (2014) respectively. Under the Charter of the United Nations Act 1945, both individuals and bodies corporate are subject to offences if their conduct contravenes any UN sanction enforcement law, which is defined as any provision specified in an instrument under sub-section 2B(1) of the Act. The Amendment Declaration effectively aligns the Australian domestic legislation with the current international sanctions regime by updating the specified Commonwealth laws that constitute UN sanction enforcement laws. The changes made are consequential and do not require public consultation, as they do not substantially alter existing arrangements.

Key Provisions

The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2017 (No. 1) amends the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 to update the list of Commonwealth laws that are considered UN sanction enforcement laws (sections 27(1) and (5) of the Charter of the United Nations Act 1945). Specifically, the Amendment Declaration removes references to the Charter of the United Nations (Sanctions – Cote d’Ivoire) Regulations 2008 and regulation 4N of the Customs (Prohibited Imports) Regulations 1956. These changes were necessitated by the repeal of the Cote d’Ivoire Regulations following the cessation of UN Security Council sanctions on Cote d’Ivoire under Resolution 2283 (2016), and the repeal of regulation 4N of the Customs Regulations after the lifting of sanctions on the importation of rough diamonds from Cote d’Ivoire by Resolution 2153 (2014). These amendments ensure that Australian law remains aligned with current international obligations and resolutions. Entities and individuals governed by the Charter of the United Nations Act 1945 must now comply with the updated Schedule 1 of the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008. This means they are required to adhere to the specified Commonwealth laws that are now recognised as UN sanction enforcement laws, excluding the previously applicable Cote d’Ivoire Regulations and regulation 4N of the Customs Regulations. Failure to comply with these laws could result in legal repercussions as outlined under section 27 of the Charter of the United Nations Act 1945. Violating the provisions of the UN sanction enforcement laws specified in the updated Schedule 1 constitutes an offence under section 27(1) of the Charter of the United Nations Act 1945. Individuals found guilty of contravening these laws can face criminal penalties. Section 27(5) of the Act specifies that bodies corporate can also be held liable for offences committed by their employees or agents. The exact penalties for these offences are not detailed in the Amendment Declaration but are likely to be severe given the nature of UN sanctions. It is important for entities and individuals to stay informed about the current UN sanction enforcement laws to avoid potential legal consequences.

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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.