Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2019 (No. 2)

Overview

The Charter of the United Nations Act 1945 establishes the legislative framework for the implementation of the United Nations Charter in Australian law. This Act allows Australia to comply with its obligations under the Charter, particularly in relation to decisions made by the United Nations Security Council (UNSC) under Chapter VII, which addresses threats to the peace, breaches of the peace, and acts of aggression. Article 25 of the Charter mandates that UN Member States, including Australia, must accept and implement UNSC decisions. The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2019 (No. 2) was enacted to amend the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008, reflecting the Charter of the United Nations Legislation Amendment (2019 Measures No. 1) Regulations 2019. The primary objective of this amendment is to adjust Australian law to align with the UNSC's Resolution 2444 (2018), which lifted the UN-mandated sanctions on Eritrea. The Minister for Foreign Affairs issued this explanatory statement, affirming the compatibility of the Amendment Declaration with human rights as outlined in relevant international instruments, and noting that no public consultation was undertaken due to the minor nature of the amendment.

Scope and Application

The Charter of the United Nations Act 1945 provides legislative approval for the Charter of the United Nations in Australian law, specifically enabling Australia to implement decisions made by the United Nations Security Council (UNSC) under Chapter VII, which relates to threats to the peace, breaches of the peace, and acts of aggression. Pursuant to Article 25 of the Charter, United Nations Member States, including Australia, are obligated to accept and carry out decisions of the UNSC. The Act facilitates this by allowing the Minister for Foreign Affairs to specify Commonwealth laws as UN sanction enforcement laws to the extent that they give effect to UNSC decisions. The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2019 (No. 2) amends the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 to reflect the Charter of the United Nations Legislation Amendment (2019 Measures No. 1) Regulations 2019, removing the Charter of the United Nations (Sanctions—Eritrea) Regulations 2010 as a UN sanction enforcement law following the lifting of UN-mandated sanctions in relation to Eritrea under UNSC Resolution 2444 (2018). The Amendment Declaration applies to all individuals and bodies corporate within Australia and ensures compliance with international obligations arising from UNSC decisions. The Act extends its jurisdiction nationally, and the Amendment Declaration ensures that Australian laws remain aligned with UNSC resolutions, thereby facilitating the enforcement of international sanctions and maintaining Australia's compliance with its international obligations. No public consultation was undertaken for this minor amendment as it solely implements an international decision. Additionally, the Amendment Declaration is compatible with human rights as it does not engage any human rights issues, as outlined in the Statement of Compatibility with Human Rights.

Key Provisions

The Charter of the United Nations Act 1945 (the Act) provides legislative approval for the Charter of the United Nations (the Charter) in Australian law. The Act, specifically sections 27(1) and 27(5), mandates 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 to mean a provision that is specified in an instrument under subsection 2B(1) of the Act. Section 2B of the Act allows the Minister to 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, which Australia is required to carry out pursuant to Article 25 of the Charter. The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2019 (No. 2) (the Amendment Declaration) amends the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 to reflect the making of the Charter of the United Nations Legislation Amendment (2019 Measures No. 1) Regulations 2019. The Amendment Declaration removes reference to the Charter of the United Nations (Sanctions—Eritrea) Regulations 2010 as a UN sanction enforcement law, in response to the lifting of UN-mandated sanctions in relation to Eritrea pursuant to UNSC Resolution 2444 (2018). The preamble to UNSCR 2444 notes that the Security Council was acting under Chapter VII of the Charter. This Amendment Declaration ensures that Australian law aligns with the latest UNSC decisions and sanctions. The Amendment Declaration imposes obligations on individuals and bodies corporate to comply with the provisions specified under the Charter of the United Nations Act 1945. This includes adhering to the decisions of the UNSC as outlined in Chapter VII of the Charter, particularly those that pertain to sanctions enforcement. The Amendment Declaration specifically mandates that the sanctions against Eritrea, as previously enforced under the Charter of the United Nations (Sanctions—Eritrea) Regulations 2010, are no longer applicable following the UNSC's decision to lift these sanctions. There are significant consequences for breaching the provisions of the Charter of the United Nations Act 1945. Under sections 27(1) and 27(5) of the Act, individuals and bodies corporate can be found guilty of an offence if they engage in conduct that contravenes a UN sanction enforcement law. The maximum penalties for these offences are not explicitly stated in the Amendment Declaration, but generally, the penalties for contravening UN sanction enforcement laws can include substantial fines and imprisonment, reflecting the serious nature of such breaches. The Amendment Declaration ensures that Australian law remains compliant with international obligations and maintains the integrity of UNSC resolutions.