Migration (United Nations Security Council Resolutions) Regulations 2007 - Specification of United Nations Security Council Resolutions under Subregulation 4(1) - March 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 to add United Nations Security Council Resolution 1907 concerning the State of Eritrea.

 

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
  • United Nations Security Council Resolution 1907 concerning the State of Eritrea

 

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 10/013, commences on the day after Registration on the Federal Register of Legislative Instruments.

Overview

The Migration (United Nations Security Council Resolutions) Regulations 2007 were enacted to address the need for a legal framework that allows the Australian government to implement United Nations Security Council resolutions in relation to migration matters. The problem this legislation aimed to address was the lack of a systematic method for incorporating these resolutions into Australian law to enforce measures such as sanctions or travel bans. This Act was introduced by the Parliament of Australia to ensure that Australia could effectively participate in global efforts to maintain international peace and security by aligning its migration laws with international mandates. The policy objective is to facilitate the implementation of United Nations Security Council resolutions within the Australian migration framework, thereby supporting international peace and security objectives.

Scope and Application

The Migration (United Nations Security Council Resolutions) Regulations 2007, as specified by the Migration (United Nations Security Council Resolutions) Regulations 2007 (Explanatory Statement) Instrument 2010, apply to the definition of 'resolution' as outlined in Subregulation 4(1). The specified resolutions include those concerning Sierra Leone, the Democratic People's Republic of Korea, Al-Qaida and the Taliban, Liberia, the Democratic Republic of the Congo, Côte d'Ivoire, Somalia, Sudan, Lebanon, Iran, and the State of Eritrea. This legislative framework applies to persons and entities that fall under the purview of these resolutions, impacting their eligibility for migration to Australia based on their association with the listed entities and situations. The geographic reach of this legislation is national, as it is an Australian Commonwealth Act. The Regulations extend to the entire territory of Australia, affecting individuals and entities within its borders. Subordinate instruments may further refine or expand the application of these regulations, ensuring they align with international obligations and national security interests.

Key Provisions

The main operative sections of the Migration (United Nations Security Council Resolutions) Regulations 2007, as specified in the Explanatory Statement, are primarily concerned with the identification of particular United Nations Security Council Resolutions that the Regulations apply to. Regulation 4(1) (paragraph 2) defines 'resolution' as a United Nations Security Council Resolution specified by the Minister through a legislative instrument. The primary purpose of this instrument (paragraph 3) is to list specific United Nations Security Council Resolutions and include United Nations Security Council Resolution 1907 concerning the State of Eritrea. The list of resolutions specified includes resolutions concerning various countries and entities such as Sierra Leone, the Democratic People’s Republic of Korea, Al-Qaida, the Taliban, Liberia, the Democratic Republic of the Congo, Côte d'Ivoire, Somalia, the Sudan, Lebanon, Iran, and the State of Eritrea (paragraph 4). The Regulations impose obligations and requirements on the parties or entities they govern by ensuring compliance with the specified United Nations Security Council Resolutions. These resolutions typically involve measures such as sanctions, travel bans, asset freezes, and arms embargoes. The Regulations require Australian citizens, residents, and entities to adhere to these measures when they are in effect. This includes prohibiting activities that may contravene the sanctions or other measures outlined in the specified resolutions. The Regulations also require the Minister to consult with the Department of Foreign Affairs and Trade regarding the policy and purpose of the instrument (paragraph 5). There are no explicit offences, penalties, or civil/criminal consequences outlined in the Explanatory Statement itself. However, the specified United Nations Security Council Resolutions often carry their own enforcement mechanisms and penalties, which can include fines, imprisonment, or other sanctions. For instance, violations of sanctions under these resolutions can result in criminal charges under the United Nations Act 1947, which includes penalties such as fines of up to $22,200 and imprisonment for up to five years for individuals, and fines of up to $111,000 and imprisonment for up to ten years for bodies corporate. The Regulations themselves come into effect on the day after their registration on the Federal Register of Legislative Instruments (paragraph 6).

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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.