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 Instrument 2025

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. Section 6 of the Act provides that the Governor-General may make regulations to give effect to decisions of the United Nations Security Council (the UNSC) under Chapter VII of the Charter that Australia is required to carry out under Article 25 of the Charter in so far as those decisions require Australia to apply measures not involving the use of armed force.

Since 2006, Iran has been subject to sanctions over its nuclear programme. The UNSC adopted Resolutions 1696 (2006), 1737 (2006), 1747 (2007), 1803 (2008), 1835 (2008), and 1929 (2010) which contained measures to constrain Iran’s development of sensitive technologies in support of its nuclear and missiles programmes.

On 20 July 2015, following an agreement from Iran to the Joint Comprehensive Plan of Action (the JCPOA), the UNSC adopted Resolution 2231 (2015) which conditionally eased sanctions related to Iran, subject to confirmation by the International Atomic Energy Agency (the IAEA) that Iran had made changes to its nuclear program. Resolution 2231 (2015) also made provisions to address significant non-compliance of the commitments contained therein. This is contained in paragraph 12.

On 28 August 2025, the United Kingdom, France and Germany notified the UNSC of significant non-performance of Iran’s commitments under the JCPOA, resulting in the termination of the sanctions relief, and re-application of all the provisions of the earlier resolutions relating to the Iranian nuclear issue on 28 September 2025.

Australia has given effect to these obligations through the Charter of the United Nations (Sanctions–Iran) Regulations 2025 (the Regulations). In particular, the Regulations give effect to paragraph 12 of Resolution 2231 (2015) by prohibiting a person from, doing the following in circumstances where it is not authorised by a permit:

• making a sanctioned supply of export sanctioned goods;
• supplying, selling or transferring goods that are the subject of a prohibition notice;
• procuring import sanctioned goods from Iran, or a person or entity in Iran;
• providing a sanctioned service;
• directly or indirectly making an asset available to, or for the benefit of, a designated person or entity, a person or entity acting on behalf of or at the direction of a designated person or entity, or an entity owned or controlled by a designated person or entity;
• using or dealing with a controlled asset;
• selling or otherwise making available, an interest in a sensitive commercial activity;
• transferring technology, or providing technical assistance to Iran about ballistic missiles;
• providing a bunkering service to an Iranian vessel; and
• conducting business with a specified entity, or an individual or entity acting on behalf of, or under the direction of a specified entity, or an entity owned or controlled by a specified entity.

The purposes of the Charter of the United Nations (UN Sanction Enforcement Law) Amendment Instrument 2025 (the Instrument) is to specify the above-mentioned prohibitions as UN sanction enforcement laws.

Once specified, amongst other things:

• a person commits an offence if they engage in conduct that contravenes those provisions under section 27 of the Act;
• a person commits an offence if they give false or misleading information to a Commonwealth entity in connection with the administration of a UN sanction enforcement law under section 28 of the Act; and
• certain persons and entities, including the Secretary of the Department of Foreign Affairs and Trade, have powers relating to information, for a purpose in connection with the administration of those provisions under Part 6 of the Act.

Details of the Instrument are set out at Attachment A.

No public consultation was undertaken in relation to the Instrument under section 17 of the Legislation Act 2003 as it is intended to give effect to, and continue to implement Australia’s ongoing obligations under international law. Having regard to those obligations, consultation about the Instrument was considered not to be appropriate or reasonably practicable to undertake in the circumstances.  The Department of Foreign Affairs and Trade conducts regular outreach to the Australian business community to explain Australian sanctions laws that implement UNSC sanctions.

The Office of Impact Analysis has advised that an Impact Analysis is not required for instruments of this nature (OIA23-06254).

The Instrument is exempt from sunsetting under paragraph 54(2)(b) of the Legislation Act 2003 and table item 1 of section 11 of the Legislation (Exemptions and Other Matters) Regulation 2015.

A Statement of Compatibility with Human Rights of the Instrument prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is set out at Attachment B.

Attachment A

Charter of the United Nations (UN Sanction Enforcement Law) Amendment Instrument 2025

Section 1

This section provides that the name of the instrument is the Charter of the United Nations (UN Sanction Enforcement Law) Amendment Instrument 2025 (the Instrument).

Section 2

This section provides that the Instrument commences the later of the day after the Instrument is registered and the day the Charter of the United Nations (Sanctions—Iran) Regulations 2025 (the Regulations) commences. 

Section 3

This section provides that the Instrument is made under subsection 2B(1) of the Charter of the United Nations Act 1945 (the Act).

Section 4

This section provides that each instrument that is specified in the Schedule is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in the Schedule has effect according to its terms.

Schedule 1 - Amendments

Item 1

This item amends the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 by omitting table item 7 of Schedule 1 and substitutes sections ^9, ^12, ^14, ^16, ^19, ^21, ^23, ^24, ^25 and ^27 of the Regulations.

This item is intended to reflect the new prohibitions applying sanctions to Iran, consistent with Australia’s international obligations under paragraph 12 of Resolution 2231 (2015). The effect of this change is that the prohibitions mentioned in the Regulations are UN sanction enforcement laws. As a consequence:

• a person commits an offence if they engage in conduct that contravenes those provisions under section 27 of the Act;
• a person commits an offence if they give false or misleading information to a Commonwealth entity in connection with the administration of a UN sanction enforcement law under section 28 of the Act; and
• certain persons and entities, including the Secretary of the Department of Foreign Affairs and Trade, have powers relating to information, for a purpose in connection with the administration of those provisions under Part 6 of the Act.

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 Instrument 2025

This Disallowable Legislative Instrument is 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.

Overview of the Disallowable Legislative Instrument

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. Section 6 of the Act provides that the Governor-General may make regulations to give effect to decisions of the United Nations Security Council (the UNSC) under Chapter VII of the Charter that Australia is required to carry out under Article 25 of the Charter in so far as those decisions require Australia to apply measures not involving the use of armed force.

Since 2006, Iran has been subject to sanctions over its nuclear programme. The UNSC adopted Resolutions 1696 (2006), 1737 (2006), 1747 (2007), 1803 (2008), 1835 (2008), and 1929 (2010) which contained measures to constrain Iran’s development of sensitive technologies in support of its nuclear and missiles programmes.

On 20 July 2015, following an agreement from Iran to the Joint Comprehensive Plan of Action (the JCPOA), the UNSC adopted Resolution 2231 (2015) which conditionally eased sanctions related to Iran, subject to confirmation by the International Atomic Energy Agency (the IAEA) that Iran had made changes to its nuclear program. Resolution 2231 (2015) also made provisions to address significant non-compliance of the commitments contained therein. This is contained in paragraph 12.

On 28 August 2025, the United Kingdom, France and Germany notified the UNSC of significant non-performance of Iran’s commitments under the JCPOA, resulting in the termination of the sanctions relief, and re-application of all the provisions of the earlier resolutions relating to the Iranian nuclear issue on 28 September 2025.

Australia has given effect to these obligations through the Charter of the United Nations (Sanctions–Iran) Regulations 2025 (the Regulations). In particular, the Regulations give effect to paragraph 12 of Resolution 2231 (2015) by prohibiting a person from, doing the following in circumstances where it is not authorised by a permit:

• making a sanctioned supply of export sanctioned goods;
• supplying, selling or transferring goods that are the subject of a prohibition notice;
• procuring import sanctioned goods from Iran, or a person or entity in Iran;
• providing a sanctioned service;
• directly or indirectly making an asset available to, or for the benefit of, a designated person or entity, a person or entity acting on behalf of or at the direction of a designated person or entity, or an entity owned or controlled by a designated person or entity;
• using or dealing with a controlled asset;
• selling or otherwise making available, an interest in a sensitive commercial activity;
• transferring technology, or providing technical assistance to Iran about ballistic missiles;
• providing a bunkering service to an Iranian vessel; and
• conducting business with a specified entity, or an individual or entity acting on behalf of, or under the direction of a specified entity, or an entity owned or controlled by a specified entity.

The purposes of the Charter of the United Nations (UN Sanction Enforcement Law) Amendment Instrument 2025 (the Instrument) is to specify the above-mentioned prohibitions as UN sanction enforcement laws.

Once specified, amongst other things:

• a person commits an offence if they engage in conduct that contravenes those provisions under section 27 of the Act;
• a person commits an offence if they give false or misleading information to a Commonwealth entity in connection with the administration of a UN sanction enforcement law under section 28 of the Act; and
• certain persons and entities, including the Secretary of the Department of Foreign Affairs and Trade, have powers relating to information, for a purpose in connection with the administration of those provisions under Part 6 of the Act.

Human rights implications

The Instrument may engage the right to privacy in the International Covenant on Civil and Political Rights (the ICCPR). Article 17 of the ICCPR prohibits unlawful or arbitrary interferences with a person's privacy, family, home and correspondence.

The use of the term ‘arbitrary’ in the ICCPR means that any interferences with privacy must be in accordance with the provisions, aims and objectives of the ICCPR and should be reasonable in the individual circumstances. Arbitrariness connotes elements of injustice, unpredictability, unreasonableness, capriciousness and ‘unproportionality’.[1]

Part 6 of the Act confers a range of powers on entities, including the Secretary of the Department of Foreign Affairs and Trade, to collect, use and disclose information for a purpose in connection with the administration of a UN sanction enforcement law. This may include information or an opinion about an individual.

• Section 30 of the Act provides that the CEO of a designated Commonwealth entity may, give a person a written notice requiring the person to give the CEO information or a document. Failure to comply with such a requirement constitutes an offence under section 32 of the Act.
• Section 35 provides for the copying, making a record or use of, and disclosure of information for a purpose in connection with the administration of a UN sanction enforcement law.

Permissible limitations

The Instrument is not an unlawful interference with an individual’s right to privacy.  The purposes for which these powers may be exercised is limited to a purpose in connection with the administration of a UN sanction enforcement law, or with a decision of the United Nations Security Council that Australia is required to carry out. This is a reasonable limitation on the right to privacy.

Australia has implemented sanctions on Iran consistent with its obligations under international law, to deal with a situation of international concern, and to establish and maintain international peace and security. Iran’s nuclear programme and its potential military dimensions threaten to undermine the peace, stability and security of the international community, including the Middle East. The power to collect, use or disclose information may only be directed towards administering the sanctions of the United Nations, and is therefore targeted and proportionate.

Conclusion

The Instrument is compatible with human rights because to the extent that it may limit human rights, those limitations are reasonable, necessary and proportionate.

[1] Manfred Nowak, United Nations Covenant on Civil and Political Rights: CCPR Commentary (NP Engel, 1993) 178.