Migration (United Nations Security Council Resolutions) Regulations 2007 - Specification of United Nations Security Council Resolutions under Subregulation 4(1) - February 2010

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EXPLANATORY STATEMENT

 

Migration (United Nations Security Council Resolutions) Regulations 2007

 

SPECIFICATION OF UNITED NATIONS SECURITY COUNCIL RESOLUTIONS

(SUBREGULATION 4(1) DEFINITION OF ‘RESOLUTION’)

 

  1. This Instrument is made under Regulation 4 of the Migration (United Nations Security Council Resolutions) Regulations 2007 (‘the Regulations’).

 

2.                  Regulation 4 of the Regulations provides that resolution means a United Nations Security Council Resolution specified by the Minister, by legislative instrument.

 

3.      The purpose of the Instrument is to specify relevant United Nations Security Council Resolutions and include :

 

  • United Nations Security Council Resolution 1896 concerning the Democratic Republic of the Congo;

 

  • United Nations Security Council Resolution 1903 concerning Liberia; and

 

  • United Nations Security Council Resolution 1904 concerning Al-Qaida and the Taliban.

 

4.                  The following documents are specified:

  • United Nations Security Council Resolution 1132 concerning Sierra Leone
  • United Nations Security Council Resolution 1171 concerning Sierra Leone
  • United Nations Security Council Resolution 1718 concerning the Democratic People’s Republic of Korea (DPRK)
  • United Nations Security Council Resolution 1267 concerning Al-Qaida and the Taliban and associated individuals and entities
  • United Nations Security Council Resolution 1333 concerning Al-Qaida and the Taliban and associated individuals and entities
  • United Nations Security Council Resolution 1390 concerning Al-Qaida and the Taliban and associated individuals and entities
  • United Nations Security Council Resolution 1526 concerning Al-Qaida and the Taliban and associated individuals and entities
  • United Nations Security Council Resolution 1617 concerning Al-Qaida and the Taliban and associated individuals and entities
  • United Nations Security Council Resolution 1735 concerning Al-Qaida and the Taliban and associated individuals and entities
  • United Nations Security Council Resolution 1822 concerning Al-Qaida and the Taliban and associated individuals and entities
  • United Nations Security Council Resolution 1904 concerning Al-Qaida and the Taliban and associated individuals and entities
  • United Nations Security Council Resolution 1521 concerning Liberia
  • United Nations Security Council Resolution 1579 concerning Liberia
  • United Nations Security Council Resolution 1647 concerning Liberia
  • United Nations Security Council Resolution 1731 concerning Liberia
  • United Nations Security Council Resolution 1792 concerning Liberia
  • United Nations Security Council Resolution 1854 concerning Liberia
  • United Nations Security Council Resolution 1903 concerning Liberia
  • United Nations Security Council Resolution 1533 concerning the Democratic Republic of the Congo
  • United Nations Security Council Resolution 1596 concerning the Democratic Republic of the Congo
  • United Nations Security Council Resolution 1649 concerning the Democratic Republic of the Congo
  • United Nations Security Council Resolution 1698 concerning the Democratic Republic of the Congo
  • United Nations Security Council Resolution 1768 concerning the Democratic Republic of the Congo
  • United Nations Security Council Resolution 1771 concerning the Democratic Republic of the Congo
  • United Nations Security Council Resolution 1799 concerning the Democratic Republic of the Congo
  • United Nations Security Council Resolution 1807 concerning the Democratic Republic of the Congo
  • United Nations Security Council Resolution 1857 concerning the Democratic Republic of the Congo
  • United Nations Security Council Resolution 1896 concerning the Democratic Republic of the Congo
  • United Nations Security Council Resolution 1572 concerning Côte d’Ivoire
  • United Nations Security Council Resolution 1643 concerning Côte d'Ivoire
  • United Nations Security Council Resolution 1727 concerning Côte d'Ivoire
  • United Nations Security Council Resolution 1782 concerning Côte d'Ivoire
  • United Nations Security Council Resolution 1842 concerning Côte d'Ivoire
  • United Nations Security Council Resolution 1893 concerning Côte d'Ivoire
  • United Nations Security Council Resolution 1844 concerning Somalia
  • United Nations Security Council Resolution 1591 concerning the Sudan
  • United Nations Security Council Resolution 1672 concerning the Sudan
  • United Nations Security Council Resolution 1636 concerning Lebanon
  • United Nations Security Council Resolution 1803 concerning Iran

 

These resolutions can be found through http://www.un.org/sc/committees/.

 

5.                   Consultation was undertaken with the Department of Foreign Affairs and Trade regarding the policy and purpose for the making of this Instrument.

 

6. The Instrument, IMMI 09/144, commences on 15 February 2010.

Overview

The Migration (United Nations Security Council Resolutions) Regulations 2007 were enacted to address the need for Australia to comply with United Nations Security Council resolutions, particularly those that involve sanctions and restrictions on travel and assets. This legislation is designed to ensure that Australian migration laws are aligned with international efforts to maintain global peace and security. The regulations were made under the authority of the Migration Act 1958, with the intention to implement specific resolutions related to various countries and groups, thereby enhancing the effectiveness of international sanctions by preventing individuals subject to these resolutions from entering or remaining in Australia. The explanatory statement specifies particular UN Security Council Resolutions, including those concerning the Democratic Republic of the Congo, Liberia, and groups like Al-Qaida and the Taliban, which are integral to the policy objectives of preventing the facilitation of terrorism and ensuring compliance with international mandates.

Scope and Application

The Migration (United Nations Security Council Resolutions) Regulations 2007, specified by the legislative instrument IMMI 09/144, applies to individuals and entities as defined under the Migration Act 1958. The instrument delineates specific United Nations Security Council Resolutions that have implications for migration control, particularly concerning individuals and entities linked to terrorism, conflict zones, or significant international security concerns. The geographic reach of the Act is broad, encompassing individuals and entities worldwide that fall under the purview of the specified resolutions, thereby affecting their eligibility for migration and visa-related matters within Australia. The Act does not explicitly state exclusions or thresholds but rather focuses on the inclusion of particular UN resolutions that outline sanctions or restrictions relevant to migration policies. The application of the Act is extended through subordinate instruments, which specify the detailed resolutions and their implications for migration decisions.

Key Provisions

The Migration (United Nations Security Council Resolutions) Regulations 2007, as specified in the Explanatory Statement for IMMI 09/144, detail which United Nations Security Council Resolutions are relevant for migration purposes. Regulation 4(1) defines 'resolution' as a United Nations Security Council Resolution specified by the Minister through legislative instrument. This Instrument lists specific resolutions concerning various countries and issues, including the Democratic Republic of the Congo, Liberia, Al-Qaida and the Taliban, Sierra Leone, the Democratic People’s Republic of Korea (DPRK), Côte d’Ivoire, Somalia, the Sudan, Lebanon, and Iran. These resolutions cover sanctions, arms embargoes, travel bans, and asset freezes against individuals and entities associated with terrorism, conflict, and other global security threats. The Regulations impose obligations on entities and individuals within Australia’s jurisdiction to comply with the specified United Nations Security Council Resolutions. This includes adhering to sanctions and restrictions imposed by these resolutions, such as prohibiting transactions with listed individuals or entities, refraining from providing financial or material support, and complying with travel bans. These obligations ensure that Australia's migration laws align with international efforts to maintain global peace and security. Entities and individuals must be vigilant in ensuring that their activities do not contravene these resolutions, particularly when dealing with persons or entities listed in the specified UN Resolutions. Failure to comply with the provisions outlined in the Regulations can result in serious consequences. While the Explanatory Statement does not detail specific penalties, breaches of these Regulations can potentially lead to criminal charges under Australian law. Penalties for contravening migration laws can include substantial fines and imprisonment, depending on the severity and intent of the breach. Furthermore, non-compliance can also lead to administrative actions such as visa cancellations, deportation, and being added to the Immigration Watchlist, which can have long-lasting impacts on an individual's ability to enter or remain in Australia. The potential penalties underscore the importance of adhering to these international mandates within the domestic legal framework.

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