Migration (United Nations Security Council Resolutions) Regulations 2007 - Specification under regulation 4 definition of 'resolution' - Specification of United Nations Security Council Resolutions - August 2011

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EXPLANATORY STATEMENT

 

Migration (United Nations Security Council Resolutions) Regulations 2007

 

SPECIFICATION OF UNITED NATIONS SECURITY COUNCIL RESOLUTIONS

(REGULATION 4 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. In this case, the following resolutions will be added to the Instrument:

a)      United Nations Security Council Resolution 1952 (2010) which renews existing measures against the Democratic Republic of the Congo (S/RES/1952 (2010)).

b)     United Nations Security Council Resolution 1970 (2011) in relation to Libya (S/RES/1970 (2011)).

c)      United Nations Security Council Resolution 1973 (2011) in relation to Libya (S/RES/1973 (2011)).

d)     United Nations Security Council Resolution 1975 (2011) which renews existing measures against Côte d'Ivoire (S/RES/1975 (2011)).

 

4.                  In accordance with United Nations Security Council Resolution 1940 (2010), which terminates existing sanctions against Sierra Leone, the following resolutions will be removed from the Legislative Instrument:

a)        United Nations Security Council Resolution 1132 (1997) concerning Sierra Leone, adopted on 8 October 1997 (S/RES/1132 (1997)).

b)        United Nations Security Council Resolution 1171 (1998) concerning Sierra Leone, adopted on 5 June 1998 (S/RES/1171 (1998)).

 

5.  The following resolutions will be specified within the updated instrument:

 

  • United Nations Security Council Resolution 1718 (2006) concerning the Democratic People’s Republic of Korea, adopted on 14 October 2006 (S/RES/1718 (2006)).

 

  • United Nations Security Council Resolution 1267 (1999) concerning Al-Qaida and the Taliban and associated individuals and entities, adopted on 15 October 1999
    (S/RES/1267 (1999)).
  • United Nations Security Council Resolution 1333 (2000) concerning Al-Qaida and the Taliban and associated individuals and entities, adopted on 19 December 2000 (S/RES/1333 (2000)).
  • United Nations Security Council Resolution 1390 (2002) concerning Al-Qaida and the Taliban and associated individuals and entities, adopted on 16 January 2002
    (S/RES/1390 (2002)).
  • United Nations Security Council Resolution 1526 (2004) concerning Al-Qaida and the Taliban and associated individuals and entities, adopted on 30 January 2004
    (S/RES/1526 (2004)).
  • United Nations Security Council Resolution 1617 (2005) concerning Al-Qaida and the Taliban and associated individuals and entities, adopted on 29 July 2005
    (S/RES/1617 (2005)).
  • United Nations Security Council Resolution 1735 (2006) concerning Al-Qaida and the Taliban and associated individuals and entities, adopted on 22 December 2006 (S/RES/1735 (2006)).
  • United Nations Security Council Resolution 1822 (2008) concerning Al-Qaida and the Taliban and associated individuals and entities, adopted on 30 June 2008
    (S/RES/1822 (2008)).
  • United Nations Security Council Resolution 1904 (2009) concerning Al-Qaida and the Taliban and associated individuals and entities, adopted on 17 December 2009 (S/RES/1904 (2009)).

 

  • United Nations Security Council Resolution 1521 (2003) concerning Liberia, adopted on 22 December 2003 (S/RES/1521 (2003)).
  • United Nations Security Council Resolution 1579 (2004) concerning Liberia, adopted on 21 December 2004 (S/RES/1579 (2004)).
  • United Nations Security Council Resolution 1647 (2005) concerning Liberia, adopted on 20 December 2005 (S/RES/1647 (2005)).
  • United Nations Security Council Resolution 1731 (2006) concerning Liberia, adopted on 20 December 2006 (S/RES/1731 (2006)).
  • United Nations Security Council Resolution 1792 (2007) concerning Liberia, adopted on 19 December 2007 (S/RES/1792 (2007)).
  • United Nations Security Council Resolution 1854 (2008) concerning Liberia, adopted on 19 December 2008 (S/RES/1854 (2008)).
  • United Nations Security Council Resolution 1903 (2009) concerning Liberia, adopted on 17 December 2009 (S/RES/1903 (2009)).

 

  • United Nations Security Council Resolution 1533 (2004) concerning the Democratic Republic of the Congo, adopted on 12 March 2004 (S/RES/1533 (2004)).
  • United Nations Security Council Resolution 1596 (2005) concerning the Democratic Republic of the Congo, adopted on 18 April 2005 (S/RES/1596 (2005)).
  • United Nations Security Council Resolution 1649 (2005) concerning the Democratic Republic of the Congo, adopted on 21 December 2005 (S/RES/1649 (2005)).
  • United Nations Security Council Resolution 1698 (2006) concerning the Democratic Republic of the Congo, adopted on 31 July 2006 (S/RES/1698 (2006)).
  • United Nations Security Council Resolution 1768 (2007) concerning the Democratic Republic of the Congo, adopted on 31 July 2007 (S/RES/1768 (2007)).
  • United Nations Security Council Resolution 1771 (2007) (concerning the Democratic Republic of the Congo, adopted on 10 August 2007 (S/RES/1771 (2007)).
  • United Nations Security Council Resolution 1799 (2008) concerning the Democratic Republic of the Congo, adopted on 15 February 2008 (S/RES/1799 (2008)).
  • United Nations Security Council Resolution 1807 (2008) concerning the Democratic Republic of the Congo, adopted on 31 March 2008 (S/RES/1807 (2008)).
  • United Nations Security Council Resolution 1857 (2008) concerning the Democratic Republic of the Congo, adopted on 22 December 2008 (S/RES/1857 (2008)).
  • United Nations Security Council Resolution 1896 (2009) concerning the Democratic Republic of the Congo, adopted on 30 November 2009 (S/RES/1896 (2009)).
  • United Nations Security Council Resolution 1952 (2010) concerning the Democratic Republic of the Congo, adopted on 29 November 2010 (S/RES/1952 (2010)).

 

  • United Nations Security Council Resolution 1572 (2004) concerning Côte d’Ivoire, adopted on 15 November 2004 (S/RES/1572 (2004)).
  • United Nations Security Council Resolution 1643 (2005) concerning Côte d'Ivoire, adopted on 15 December 2005 (S/RES/1643 (2005)).
  • United Nations Security Council Resolution 1727 (2006) concerning Côte d'Ivoire, adopted on 15 December 2006 (S/RES/1727 (2006)).
  • United Nations Security Council Resolution 1782 (2007) concerning Côte d'Ivoire, adopted on 29 October 2007 (S/RES/1782 (2007)).
  • United Nations Security Council Resolution 1842 (2008) concerning Côte d'Ivoire, adopted on 29 October 2008 (S/RES/1842 (2008)).
  • United Nations Security Council Resolution 1893 (2009) concerning Côte d'Ivoire, adopted on 29 October 2009 (S/RES/1893 (2009)).
  • United Nations Security Council Resolution 1975 (2011) concerning Côte d'Ivoire, adopted on 30 March 2011 (S/RES/1975 (2011)).

 

  • United Nations Security Council Resolution 1844 (2008) concerning Somalia, adopted on 20 November 2008 (S/RES/1844 (2008)).

 

  • United Nations Security Council Resolution 1591 (2005) concerning Sudan, adopted on 29 March 2005 (S/RES/1591 (2005)).
  • United Nations Security Council Resolution 1672 (2006) concerning Sudan, adopted on 25 April 2006 (S/RES/1672 (2006)).

 

  • United Nations Security Council Resolution 1636 (2005) concerning Lebanon, adopted on 31 October 2005 (S/RES/1636 (2005)).

 

  • United Nations Security Council Resolution 1737 (2006) concerning Iran, adopted on 23 December 2006 (S/RES/1737 (2006)).
  • United Nations Security Council Resolution 1747 (2007) concerning Iran, adopted on 24 March 2007 (S/RES/1747 (2007)).
  • United Nations Security Council Resolution 1803 (2008) concerning Iran, adopted on 3 March 2008 (S/RES/1803 (2008)).
  • United Nations Security Council Resolution 1929 (2010) concerning Iran, adopted on 9 June 2010 (S/RES/1929 (2010)).

 

  • United Nations Security Council Resolution 1907 (2009) concerning the State of Eritrea, adopted on 23 December 2009 (S/RES/1907 (2009)).

 

  • United Nations Security Council Resolution 1970 (2011) in relation to Libya, adopted on 26 February 2011 (S/RES/1970 (2011)).
  • United Nations Security Council Resolution 1973 (2011) in relation to Libya, adopted on 17 March 2011 (S/RES/1973 (2011)).

 

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

 

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

 

7.                  The Office of Best Practice Regulation’s Business Cost Calculator and Assessment Checklists were used to determine that there was no compliance cost on business or impact on competition in relation to this instrument (OBPR Reference 12117).

 

8.                  The Instrument, IMMI 10/081, 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 problem of aligning Australian migration laws with United Nations Security Council resolutions concerning specific countries and global security issues. This legislation was introduced by the Australian government to ensure that visa issuance and immigration policies are in harmony with international sanctions and measures imposed by the United Nations. The policy objective of these regulations is to facilitate the implementation of these resolutions within Australian territory, thereby contributing to global peace and security efforts. The enacting body is the Australian Parliament, which authorised the creation of these regulations to effectively integrate international resolutions into domestic law. The explanatory statement outlines the addition and removal of specific United Nations Security Council resolutions from the instrument, reflecting the dynamic nature of international relations and the ongoing commitment to global peace and security.

Scope and Application

The Migration (United Nations Security Council Resolutions) Regulations 2007, as amended by this legislative instrument, apply to individuals and entities within the jurisdiction of Australia, including Australian citizens, permanent residents, and temporary visa holders, as well as foreign nationals outside Australia who may be subject to Australian immigration measures pursuant to these resolutions. This legislation is designed to enforce United Nations Security Council resolutions that pertain to sanctions and other measures against specific countries and entities, impacting conduct and transactions that may otherwise facilitate violations of these resolutions. The geographic reach of this Act is national, as it applies throughout Australia and affects any Australian citizens, residents, or entities within its territory. The Act does not specify exclusions, exemptions, or thresholds, but its application is determined by the specific content of the listed United Nations Security Council Resolutions. The application of the Act can be extended or restricted through subordinate instruments, which may detail further specific measures or adjustments in response to evolving international mandates or national policy considerations.

Key Provisions

The main operative sections of the Migration (United Nations Security Council Resolutions) Regulations 2007 pertain to the specification of United Nations Security Council Resolutions (Regulation 4), which are identified by the Minister via legislative instruments. These regulations mandate that certain United Nations Security Council Resolutions are to be included or excluded from the legislative instrument, thereby determining their applicability under Australian law. For instance, Regulation 4 defines 'resolution' as a United Nations Security Council Resolution specified by the Minister, thereby setting the legal framework for which resolutions are enforced domestically. The explanatory statement outlines the process of adding or removing specific resolutions, such as United Nations Security Council Resolution 1952 (2010) concerning the Democratic Republic of the Congo and Resolution 1970 (2011) concerning Libya, among others. The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, it mandates that certain resolutions be specified within the legislative instrument, which means that these resolutions become enforceable under Australian law. This includes the addition of resolutions such as United Nations Security Council Resolution 1718 (2006) concerning the Democratic People’s Republic of Korea and Resolution 1267 (1999) concerning Al-Qaida and the Taliban. Additionally, the Act requires the removal of resolutions that are no longer applicable, such as those concerning Sierra Leone. These obligations ensure that the legislative instrument remains current and aligned with international mandates set forth by the United Nations Security Council. Furthermore, any breaches of these regulations can lead to significant consequences. While the explanatory statement does not explicitly detail criminal or civil penalties, violations of these resolutions could result in legal actions under related Australian laws, such as the Migration Act 1958. Non-compliance with United Nations Security Council Resolutions could potentially lead to sanctions, fines, or other legal repercussions as prescribed by the relevant Australian legislation. The specific penalties would depend on the nature of the breach and the applicable laws under which the offence is prosecuted.

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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.