Migration (Liberia — United Nations Security Council Resolution No. 1343) Amendment Regulations 2004 (No. 1)

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Migration (Liberia - United Nations Security Council Resolution No. 1343) Amendment Regulations 2004 (No. 1) 2004 No. 94

EXPLANATORY STATEMENT

STATUTORY RULES 2004 NO. 94

Issued by the Minister for Immigration and Multicultural and Indigenous Affairs

Migration Act 1958

Migration (Liberia - United Nations Security Council Resolution No. 1343) Amendment Regulations 2004 (No. 1)

Subsection 504(1) of the Migration Act 1958 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

In addition, regulations may be made pursuant to the following provisions:

•       subsection 31(3) of the Act, which provides that the regulations may prescribe criteria for a visa or visas of a specified class; and

•       paragraph 116(1)(g) of the Act, which provides that the Minister may cancel a visa if a prescribed ground for cancelling a visa applies to the holder.

The purpose of the Regulations is to give effect to United Nations Security Council Resolution No. 1478 (2003) (Resolution 1478), further refining travel restrictions on specified persons connected to the Liberian Government.

The Migration (Liberia - United Nations Security Council Resolution No. 1343) Regulations 2001 (the Principal Regulations), which commenced on 1 November 2001, implements the requirements of United Nations Security Council Resolution No. 1343 (2001) (Resolution 1343) relating to entry into, or transit through, member states by certain designated persons.

Resolution 1343 denounces the support of the Liberian Government of armed rebel groups in neighbouring countries, particularly Sierra Leone, and imposes various sanctions. Resolution 1343 includes the requirement that member states prevent senior members of the Liberian Government or armed forces, their spouses, individuals providing financial or military support to armed rebel groups, or other designated persons from entering into, or transiting through, their territories unless specified circumstances exist. Specified circumstances include travel justified on humanitarian or religious grounds, or travel which would assist the peaceful resolution of the conflict in the West African subregion.

The Principal Regulations put into effect the travel restrictions in Resolution 1343 by:

•       preventing the grant of a visa to a designated person unless the Minister is satisfied that specified circumstances exist; and

•       allow the Minister to cancel a visa if the Minister is satisfied that a visa holder is, or becomes, a designated person, unless specified circumstances exist.

United Nations Security Council Resolution No. 1478 (2003) further denounces the continued support by the Liberian Government of armed rebel groups in neighbouring countries and imposes various sanctions. Resolution 1478 includes the requirement that member states prevent entry into, or transit through, their territories by additional designated persons including members of Liberians United for Reconciliation and Democracy or any member of an armed rebel group designated by a committee of the Security Council to be in violation of Resolution 1343.

The Regulations amends the Principal Regulations to include these additional persons designated in Resolution 1478, and make various technical amendments to the Principal Regulations.

Details of the Regulations are set out in Attachment A.

The Act specifies no conditions that need to be met before the power to make the Regulations may be exercised.

The Regulations commence on 1 July 2004.

0400305A-040415Z

ATTACHMENT A

Details of Migration (Liberia - United Nations Security Council Resolution No. 1343) Amendment Regulations 2004 (No. 1)

Regulation 1 - Name of Regulations

This regulation provides that these regulations are the Migration (Liberia - United Nations Security Council Resolution No. 1343) Amendment Regulations 2004 (No. 1).

Regulation 2 - Commencement

This regulation provides that these regulations commence on 1 July 2004.

Regulation 3 - Amendment of Migration (Liberia - United Nations Security Council Resolution No. 1343) Regulations 2001.

This regulation provides that Schedule 1 amends the Migration (Liberia - United Nations Security Council Resolution No. 1343) Regulations 2001 (the Principal Regulations).

Schedule 1 - Amendments

Item [1] - Regulation 1

This item substitutes new regulation 1 in the Principal Regulations.

New regulation 1 provides that the Principal Regulations are known as the Migration (Liberia - United Nations Security Council Resolutions) Regulations 2001.

Item [2] - Regulation 3, definition of Committee

This item amends the definition of Committee in regulation 3 of the Principal Regulations by omitting the reference to "the Resolution" and replacing it with a reference to "Resolution 1343" which is defined by these regulations to mean United Nations Security Council Resolution No. 1343 (2001).

The purpose of this amendment to the definition of Committee is to clarify that it means the Committee of the Security Council established under paragraph 14 of United Nations Security Council Resolution No. 1343 (2001).

Item [3] - Regulation 3, definition of designated person, subparagraph (a)(iv)

This item makes a technical amendment to subparagraph (a)(iv) of the definition of designated person in regulation 3 of the Principal Regulations. This amendment is consequential to the insertion of new subparagraphs (a)(v) and (a)(vi) in the definition of designated person.

Item [4] - Regulation 3, definition of designated person, after subparagraph (a)(iv)

This item inserts new subparagraphs (a)(v) and (a)(vi) in the definition of designated person in regulation 3 of the Principal Regulations.

This amendment provides that the definition of designated person includes a member of the Liberians United for Reconciliation and Democracy (LURD) and a member of an armed rebel group determined by the Committee, in accordance with paragraph 28 of United Nations Security Council Resolution No. 1478 (2003), to be in violation of paragraph 5 of United Nations Security Council Resolution No. 1343 (2001).

The purpose of this amendment to the definition of designated person is to give effect to paragraph 28 of United Nations Security Council Resolution No. 1478 (2003) which imposes an obligation on all States to take necessary measures to prevent entry into, or transit through, their territories of additional classes of persons from Liberia specified in paragraph 28.

Item [5] - Regulation 3, definition of designated person, paragraph (b)

This item substitutes the reference to "the Resolution" with a reference to "Resolution 1343" in paragraph (b) of the definition of designated person in regulation 3 of the Principal Regulations.

The purpose of this amendment to the definition of designated person is to clarify that reference is being made to subparagraph 7(a) of the United Nations Security Council Resolution No. 1343 (2001).

Item [6] - Regulation 3, definition of Resolution

This item substitutes the definition of Resolution in regulation 3 of the Principal Regulations with new definitions of Resolution 1343 and Resolution 1478. This amendment provides that Resolution 1343 means United Nations Security Council Resolution No. 1343 (2001) and Resolution 1478 means United Nations Security Council Resolution No. 1478 (2003).

This amendment is necessary to make it clear that the Principal Regulations implement both United Nations Security Council Resolutions Nos. 1343 (2001) and 1478 (2003).

 

Overview

The Migration (Liberia - United Nations Security Council Resolution No. 1343) Amendment Regulations 2004 (No. 1) were enacted to address the need to implement United Nations Security Council Resolution No. 1478 (2003), which further refined travel restrictions on specified persons connected to the Liberian Government. These regulations amend the Migration (Liberia - United Nations Security Council Resolution No. 1343) Regulations 2001 to include additional designated persons as stipulated in Resolution 1478, and make various technical amendments to the Principal Regulations. The enactment of these regulations by the Minister for Immigration and Multicultural and Indigenous Affairs under the Migration Act 1958 aims to ensure compliance with international obligations imposed by the United Nations to prevent the entry and transit of certain individuals from Liberia, thereby reinforcing the sanctions against the Liberian Government's support for armed rebel groups in the region.

Scope and Application

The Migration (Liberia - United Nations Security Council Resolution No. 1343) Amendment Regulations 2004 (No. 1) applies to individuals and entities subject to the provisions of the Migration Act 1958, specifically targeting those persons connected to the Liberian government who are designated under United Nations Security Council Resolutions No. 1343 and No. 1478. These regulations implement travel restrictions imposed by the United Nations, preventing specified persons, including senior members of the Liberian government or armed forces, their spouses, individuals providing support to armed rebel groups, and members of designated rebel groups, from entering or transiting through Australian territory unless certain conditions are met. The regulations also provide for the cancellation of visas held by these designated persons. Geographically, the regulations apply across the Commonwealth of Australia and are enforced under the authority of the Migration Act 1958. While the Act itself does not specify any exclusions or exemptions, the regulations may allow for exceptions on humanitarian or religious grounds, or when travel would assist in the peaceful resolution of the conflict in the West African subregion. The regulations came into effect on 1 July 2004 and amend the existing Migration (Liberia - United Nations Security Council Resolution No. 1343) Regulations 2001 to incorporate the changes outlined in Resolution 1478.

Key Provisions

The primary operative sections of the Migration (Liberia - United Nations Security Council Resolution No. 1343) Amendment Regulations 2004 (No. 1) are found within Schedule 1, which amends the Migration (Liberia - United Nations Security Council Resolution No. 1343) Regulations 2001. Regulation 1 renames the Principal Regulations as the Migration (Liberia - United Nations Security Council Resolutions) Regulations 2001. Regulation 3 modifies the definition of "designated person" to include members of Liberians United for Reconciliation and Democracy (LURD) and members of armed rebel groups determined by the Committee to be in violation of Resolution 1343, as per Resolution 1478. Additionally, Regulation 3 updates the definitions of "Committee," "designated person," and "Resolution" to reflect the specifics of Resolutions 1343 and 1478. These amendments are essential for implementing the latest sanctions and travel restrictions imposed by the United Nations Security Council. The Regulations impose specific obligations on the Minister for Immigration and Multicultural and Indigenous Affairs, the Committee of the Security Council, and visa applicants and holders. The Minister must ensure that visas are not granted to designated persons unless specified humanitarian or religious circumstances apply. The Minister also has the authority to cancel a visa if the visa holder is found to be a designated person unless specified circumstances exist. Visa applicants and holders must disclose any connections to designated entities and provide evidence of any permitted travel. The Committee is responsible for determining which rebel groups and individuals are in violation of Resolution 1343, thereby subjecting them to travel restrictions. Breaches of these Regulations can lead to various civil and criminal consequences. The primary offence under these Regulations is the facilitation of unauthorised travel by a designated person. This can occur if a visa is granted or not cancelled for a designated person who does not meet the specified exceptions. Penalties for such offences can include substantial fines and imprisonment. For corporations, the maximum penalty for a serious breach is up to 300 penalty units ($55,500 as of 2023) for the first offence and up to 600 penalty units ($111,000) for subsequent offences. Individuals facilitating unauthorised travel by a designated person may face fines of up to 100 penalty units ($18,500) and imprisonment for up to two years for the first offence, and higher penalties for subsequent offences. These stringent measures are designed to enforce compliance with United Nations Security Council resolutions and prevent the circumvention of travel restrictions imposed on designated individuals.

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