Migration (United Nations Security Council Resolutions) Regulations 2007 - Specification under regulation 4 definition of 'resolution' - Specification of United Nations Security Council Resolutions - IMMI 14/034

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Legislation au F2014L00516 Not in force Legislative Instrument

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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’). The Instrument revokes Instrument IMMI 13/091, (F2013L01686), signed on 2 September 2013.

 

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 that prohibit specified individuals and entities from entering Australia. Resolution 2134 (2014) regarding the Central African Republic (CAR), adopted on 28 January 2014 and Resolution 2140 (2014) regarding Yemen, adopted on 26 February 2014, are being added to the list of resolutions appearing in the Instrument.

 

4.                   Consultation was undertaken with the Department of Foreign Affairs and Trade.

 

5.                   The Office of Best Practice Regulation has granted a standing exemption for Legislative Instruments which give legal effect to changes to the United Nations Security Council’s consolidated travel ban lists. (OBPR Reference 14721).

 

6.                   Under section 42 of the Legislative Instruments Act 2003 the Instrument is subject to disallowance and therefore a Human Rights Statement of Compatibility has been provided.

 

7. The Instrument, IMMI 14/034, commences on the day after Registration on the Federal Register of Legislative Instruments.

 

 

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Regulation 4 of the Migration (United Nations Security Council Resolutions) Regulations 2007

 

This 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 Legislative Instrument

The purpose of the Legislative Instrument is to give effect under Australian law to United Nations travel sanctions specified in UNSC Resolutions 2134 (2014) and 2140 (2014).

Some resolutions passed by the United Nations Security Council (UNSC) require United Nations (UN) member states, including Australia, to impose travel sanctions against certain individuals, or members of a group, undertaking or entity. Australia meets these obligations through the Migration (United Nations Security Council Resolutions) Regulations 2007 (UNSCR Regulations).

In accordance with the UNSCR Regulations, the Minister specifies UNSC Resolutions through a Legislative Instrument (LI). The LI is revised each time a resolution is passed imposing new travel sanctions or terminating existing travel sanctions.

UNSC Resolution 2134 (2014)

On 28 January 2014, the Security Council adopted Resolution 2134, which, in paragraphs 30 through 42, provides UN member states the necessary legal provisions with which to impose travel sanctions against individuals, as well as financial sanctions against commercial entities or individuals specified by the relevant Security Council Committee under this Resolution. Paragraph 30 (subject to exceptions listed in paragraph 31) of the Resolution enjoins member states to:

‘… take the necessary measures to prevent the entry into or transit through their territories of individuals designated by the Committee established pursuant to paragraph 57 of resolution 2127 (2013), provided that nothing in this paragraph shall oblige a State to refuse its own nationals entry into its territory’

 

 

UNSC Resolution 2140 (2014)

On 26 February 2014, the Security Council adopted Resolution 2140, which, in paragraphs 10 through 20, provides UN member states the necessary legal provisions with which to impose travel sanctions against individuals, as well as financial sanctions against commercial entities or individuals specified by the relevant Security Council Committee under this Resolution for the initial period of one year. Paragraph 15 (subject to exceptions listed in paragraph 16) of the Resolution enjoins member states to:

‘…take the necessary measures to prevent the entry into or transit through their territories of individuals designated by the Committee established pursuant to paragraph 19 below, provided that nothing in this paragraph shall oblige a State to refuse its own nationals entry into its territory’

As these Resolutions give the UN Security Council power to impose travel sanctions on individuals, there is potential for a Legislative Instrument incorporating them to infringe on human rights.

Human rights implications

 

This Legislative Instrument does not engage any of the relevant rights or freedoms.

Right to freedom of movement

The right to freedom of movement in Article 12 of the ICCPR applies, relevantly, to the right to move freely within a country for those who are lawfully within the country, and the right to leave any country.

The travel sanctions to which the Instrument gives effect operate in relation to entry into and transit through Australia.  They do not operate in relation to movement within, and departure from, Australia.

The Instrument does not affect the right of an Australian citizen to enter Australia. Therefore, the part of Article 12 of the ICCPR dealing with the right of a citizen to enter his or her own country is not engaged.

In the extremely remote event of it applying, the right to freedom of movement in Article 10 of the CRC obliges the State Party to merely deal with an application to enter in a positive, humane, and expeditious manner. It does not confer a right to enter Australia that is inconsistent with the travel sanction.

The Instrument does not affect the variations on the right to freedom of movement appearing in Article 10 of the CRPD, Article 5 of the CERD or Article 15 of the CEDAW.

 

 

 

Conclusion

The Instrument is compatible with human rights as it does not raise any human rights issues.

 

The Minister for Immigration and Border Protection, the Hon. Scott Morrison MP

 

 

Overview

The Migration (United Nations Security Council Resolutions) Regulations 2007 were enacted to ensure that Australia complies with its obligations under various United Nations Security Council resolutions, which impose travel sanctions on certain individuals and entities. These Regulations allow the Minister for Immigration and Border Protection to specify which resolutions apply, thereby enabling Australia to implement these sanctions. The purpose of the 2014 Legislative Instrument is to update the list of specified resolutions to include UNSC Resolution 2134 (2014) regarding the Central African Republic and Resolution 2140 (2014) concerning Yemen. The Legislative Instrument has been crafted to align with Australia's international obligations and is subject to disallowance, with a Statement of Compatibility with Human Rights provided to ensure it does not infringe upon human rights as recognised in international instruments. The Regulations were made under the authority of the Australian Parliament and aim to uphold international peace and security by enforcing the travel sanctions outlined in the specified resolutions.

Scope and Application

The Migration (United Nations Security Council Resolutions) Regulations 2007 and its associated legislative instruments apply to individuals and entities that are subject to travel sanctions imposed by the United Nations Security Council (UNSC) resolutions specified by the Minister for Immigration and Border Protection. Specifically, the regulations give effect to UNSC resolutions that prohibit designated individuals and entities from entering or transiting through Australia. The scope of the act is to implement international travel sanctions into Australian law, ensuring that Australia complies with its obligations under the relevant UNSC resolutions. The geographic reach of the act is national, as it applies to the entire territory of Australia. The act includes no explicit exclusions but is limited to those individuals and entities specified under the UNSC resolutions. The application of the act can be extended or modified through additional legislative instruments issued by the Minister. The act does not specify any exemptions or thresholds but operates on the principle that it applies to those individuals and entities as designated by the UNSC resolutions. The human rights implications of the act have been considered, and it has been determined that the act does not engage any of the relevant rights or freedoms under the international human rights instruments.

Key Provisions

The Migration (United Nations Security Council Resolutions) Regulations 2007, particularly as amended by the Legislative Instrument IMMI 14/034, require the Minister to specify United Nations Security Council Resolutions under Regulation 4. This latest amendment adds UNSC Resolutions 2134 (2014) and 2140 (2014) to the list of resolutions that mandate travel sanctions against specified individuals and entities. Resolution 2134 pertains to the Central African Republic, and Resolution 2140 pertains to Yemen. These resolutions impose obligations on member states, including Australia, to prevent the entry and transit of designated individuals and entities. The regulations apply to those subject to these resolutions, requiring compliance with the sanctions specified. The Regulations impose obligations on the Minister for Immigration and Border Protection to specify the resolutions through legislative instruments and on Australian authorities to enforce the sanctions. This includes preventing the entry and transit of individuals and entities designated by the UN Security Council Committee. The Regulations also require consultation with relevant departments, such as the Department of Foreign Affairs and Trade, to ensure alignment with international obligations and best practices. Furthermore, the Office of Best Practice Regulation has granted a standing exemption for Legislative Instruments that implement changes to UN Security Council travel ban lists, facilitating timely compliance with international mandates. Breaches of the regulations can result in significant legal consequences. While specific penalties are not detailed in the text, penalties for non-compliance with similar regulations generally include fines and imprisonment. The severity of penalties can depend on the nature and extent of the breach, with potential for maximum penalties under Australian law. Additionally, the Regulations are subject to disallowance, which means that Parliament can review and potentially reject the regulations if deemed necessary, underscoring the importance of compliance and alignment with human rights considerations. The compatibility of the Legislative Instrument with human rights is affirmed, particularly noting that it does not infringe on the right to freedom of movement within Australia or the right of Australian citizens to enter their own country. The regulations are designed to operate only in relation to the entry and transit of designated individuals, without affecting internal movement or the rights of citizens. The Human Rights Statement of Compatibility confirms that the regulations do not contravene the human rights and freedoms recognised in international instruments, ensuring that they operate within the bounds of Australia's international human rights obligations.

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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.