Commonwealth: Charter of the United Nations Act 1945 (Cth)

Charter of the United Nations Act 1945 No. 32, 1945 Compilation No. 15 Compilation date: 14 September 2021 Includes amendments up to: Act No. 106, 2021 Registered: 10 November 2021 About this compilation This compilation This is a compilation of the Charter of the United Nations Act 1945 that shows the text of the law as amended and in force on 14 September 2021 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Preliminary 1 Short title 2 Definitions 2A Meaning of designated Commonwealth entity 2B Meaning of UN sanction enforcement law 3 Extension to external Territories 4 Act binds the Crown Part 2—Approval of Charter 5 Approval Part 3—Regulations to Apply Security Council Sanctions Division 1—Making and effect of regulations 6 Regulations may apply sanctions 7 Regulations may have extra‑territorial effect 8 Regulations expire when sanctions resolution ceases to bind Australia 9 Effect of regulations on earlier Commonwealth Acts and on State and Territory laws 10 Later Acts not to be interpreted as overriding this Part or the regulations 11 Other instruments giving effect to Security Council decisions Division 2—Enforcing the regulations 12 Offences 13 Injunctions 13A Invalidation of permission, authorisations etc. Part 4—Security Council decisions that relate to terrorism and dealings with assets 14 Definitions 15 Listing persons, entities and assets 15A Duration of listing 16 Minister may revoke the listing 17 Listed person or entity may apply to have the listing revoked 18 Proscription by regulation 19 Effect of resolution ceasing to bind Australia 20 Offence—dealing with freezable assets 21 Offence—giving an asset to a proscribed person or entity 22 Authorised dealings 22A Regulations on procedures relating to freezable assets 22B Invalidation of notice for false or misleading information 23 Part prevails over conflicting legal obligations 24 Indemnity for holder of assets 25 Compensation for persons wrongly affected 26 Injunctions Part 5—Offences relating to UN sanctions 27 Offence—Contravening a UN sanction enforcement law 28 Offence—False or misleading information given in connection with a UN sanction enforcement law Part 6—Information relating to UN sanctions 29 CEO of Commonwealth entity may give information or document 30 Power to require information or documents to be given 31 Information may be required to be given on oath 32 Offence for failure to comply with requirement 33 Self‑incrimination not an excuse 34 CEO may copy documents 35 Further disclosure and use of information and documents 36 Protection from liability 37 Retention of records and documents 38 Delegation Part 7—Miscellaneous 38A Effect of certain listings 39 Regulations The Schedule—Charter of the United Nations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Endnote 5—Miscellaneous An Act to approve the Charter of the United Nations, and to enable Australia to apply sanctions giving effect to certain decisions of the Security Council Part 1—Preliminary 1 Short title This Act may be cited as the Charter of the United Nations Act 1945. 2 Definitions In this Act: asset means: (a) an asset of any kind or property of any kind, whether tangible or intangible, movable or immovable, however acquired; and (b) a legal document or instrument in any form, including electronic or digital, evidencing title to, or interest in, such an asset or such property, including, but not limited to, bank credits, travellers cheques, bank cheques, money orders, shares, securities, bonds, debt instruments, drafts and letters of credit. CEO, in relation to a Commonwealth entity, means the chief executive officer (however described) of that entity. Charter of the United Nations means the Charter of the United Nations, done at San Francisco on 26 June 1945 [1945] ATS 1. Note: The text of the Charter of the United Nations is set out in Australian Treaty Series 1945 No. 1. In 2007, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au). Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013. designated Commonwealth entity means a Commonwealth entity that is specified in an instrument under section 2A. foreign government entity means: (a) the government of a foreign country or of part of a foreign country; or (b) an authority of the government of a foreign country; or (c) an authority of the government of part of a foreign country. officer of a Commonwealth entity includes: (a) the CEO of the Commonwealth entity; and (b) an employee of the Commonwealth entity; and (c) any other person engaged by the Commonwealth entity, under contract or otherwise, to exercise powers, or perform duties or functions, of the Commonwealth entity. public international organisation has the meaning given by section 70.1 of the Criminal Code. State or Territory entity means: (a) a State or Territory; or (b) an authority of a State or Territory. UN sanction enforcement law means a provision that is specified in an instrument under subsection 2B(1). 2A Meaning of designated Commonwealth entity The Minister may, by legislative instrument, specify a Commonwealth entity as a designated Commonwealth entity. 2B Meaning of UN sanction enforcement law (1) The Minister may, by legislative instrument, specify a provision of a law of the Commonwealth as a UN sanction enforcement law. (2) The Minister may specify a provision in relation to particular circumstances. (3) The Minister may only specify a provision to the extent that it gives effect to a decision that: (a) the Security Council has made under Chapter VII of the Charter of the United Nations; and (b) Article 25 of the Charter requires Australia to carry out; in so far as that decision requires Australia to apply measures not involving the use of armed force. Note: Articles 39 and 41 of the Charter provide for the Security Council to decide what measures not involving the use of armed force are to be taken to maintain or restore international peace and security. (4) A provision may be specified whether or not the provision is made for the sole purpose of giving effect to a decision of the Security Council. (5) A provision ceases to be a UN sanction enforcement law to a particular extent if: (a) Article 25 of the Charter of the United Nations ceases to require Australia to carry out a decision referred to in subsection (3); and (b) the provision gave effect to that decision to that extent; and (c) the provision does not give effect to any other decision referred to in subsection (3) to that extent. 3 Extension to external Territories This Act extends to every external Territory. 4 Act binds the Crown (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory. (2) Nothing in this Act renders the Crown in any right liable to be prosecuted for an offence. Part 2—Approval of Charter 5 Approval The Charter of the United Nations (a copy of which is set out in the Schedule) is approved. Part 3—Regulations to Apply Security Council Sanctions Division 1—Making and effect of regulations 6 Regulations may apply sanctions (1) The Governor‑General may make regulations for and in relation to giving effect to decisions that: (a) the Security Council makes under Chapter VII of the Charter of the United Nations; and (b) Article 25 of the Charter requires Australia to carry out; in so far as those decisions require Australia to apply measures not involving the use of armed force. Note: Articles 39 and 41 of the Charter provide for the Security Council to decide what measures not involving the use of armed force are to be taken to maintain or restore international peace and security. (2) Without limiting subsection (1), the regulations may give effect to a decision of the Security Council by any or all of the following means: (a) proscribing persons or entities; (b) restricting or preventing uses of, dealings with, and making available, assets; (c) restricting or preventing the supply, sale or transfer of goods or services; (d) restricting or preventing the procurement of goods or services; (e) providing for indemnities for acting in compliance or purported compliance with those regulations; (f) providing for compensation for owners of assets; (g) authorising the making of legislative instruments. (3) Despite subsection 14(2) of the Legislation Act 2003, regulations made for the purposes of subsection (1) may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time. 7 Regulations may have extra‑territorial effect (1) The regulations may be expressed to have extra‑territorial effect. (2) If they are so expressed, they have effect accordingly, and so does Division 2 of this Part. 8 Regulations expire when sanctions resolution ceases to bind Australia (1) In so far as the regulations provide for or in relation to giving effect to a particular decision of the Security Council: (a) they cease to have effect when Article 25 of the Charter of the United Nations ceases to require Australia to carry out that decision; and (b) they do not revive, even if Australia again becomes required to carry out the decision. (2) However, to avoid doubt, nothing in this section prevents the repeal of regulations, or the making of regulations that are the same in substance as regulations that have ceased to have effect because of this section. 9 Effect of regulations on earlier Commonwealth Acts and on State and Territory laws The regulations have effect despite: (a) an Act enacted before the commencement of this section; or (b) an instrument made under such an Act (including such an instrument made at or after that commencement); or (c) a law of a State or Territory; or (d) an instrument made under such a law; or (e) any provision of the Corporations Act 2001 or the Australian Securities and Investments Commission Act 2001, or of regulations made under those Acts; or (f) an instrument made under such a provision. 10 Later Acts not to be interpreted as overriding this Part or the regulations (1) An Act enacted at or after the commencement of this section is not to be interpreted as: (a) amending or repealing, or otherwise altering the effect or operation of, a provision of this Part or of the regulations; or (b) authorising the making of an instrument amending or repealing, or otherwise altering the effect or operation of, a provision of this Part or of the regulations. (2) Subsection (1) does not affect the interpretation of an Act so far as that Act provides expressly for that Act, or for an instrument made under that Act, to have effect despite this Act, despite the regulations, or despite a specified provision of this Act or of the regulations. 11 Other instruments giving effect to Security Council decisions To avoid doubt, the validity or operation of an instrument made under another Act is not affected merely because the instrument was made in connection with giving effect to a decision of the Security Council. Division 2—Enforcing the regulations 12 Offences (1) The regulations may prescribe penalties of not more than 50 penalty units for offences against the regulations. (2) The limitation on penalties in subsection (1) does not prevent the regulations from requiring someone to make a statutory declaration. 13 Injunctions (1) If a person has engaged, is engaging, or proposes to engage, in conduct involving a contravention of the regulations, a superior court may by order grant an injunction restraining the person from engaging in conduct specified in the order. (2) An injunction may only be granted on application by the Attorney‑General. (3) On an application, the court may, if it thinks it appropriate, grant an injunction by consent of all parties to the proceedings, whether or not the court is satisfied that subsection (1) applies. (4) A superior court may, if it thinks it desirable, grant an interim injunction pending its determination of an application. (5) A court is not to require the Attorney‑General or anyone else, as a condition of granting an interim injunction, to give an undertaking as to damages. (6) A court may discharge or vary an injunction it has granted. (7) The power to grant or vary an injunction restraining a person from engaging in conduct may be exercised: (a) whether or not it appears to the court that the person intends to engage again, or to continue to engage, in such conduct; and (b) whether or not the person has previously engaged in such conduct. (8) In this section: superior court means the Federal Court of Australia or the Supreme Court of a State or Territory. 13A Invalidation of permission, authorisations etc. A licence, permission, consent, approval or authorisation granted under the regulations (a relevant authorisation) is taken never to have been granted if information contained in, or information or a document accompanying, the application for the relevant authorisation: (a) is false or misleading in a material particular; or (b) omits any matter or thing without which the information or document is misleading in a material particular. Part 4—Security Council decisions that relate to terrorism and dealings with assets 14 Definitions In this Part: freezable asset means an asset that: (a) is owned or controlled by a proscribed person or entity; or (b) is a listed asset; or (c) is derived or generated from assets mentioned in paragraph (a) or (b). listed asset means an asset listed by the Minister under section 15. proscribed person or entity means: (a) a person or entity listed by the Minister under section 15; or (b) a person or entity proscribed by regulation under section 18. superior court means the Federal Court of Australia or the Supreme Court of a State or Territory. 15 Listing persons, entities and assets (1) The Minister must, by legislative instrument, list a person or entity under this section if the Minister is satisfied on reasonable grounds of the prescribed matters. (2) The Governor‑General may make regulations prescribing the matters of which the Minister must be satisfied before listing a person or entity under subsection (1). (3) The Minister may, by legislative instrument, list an asset, or class of asset, under this section if the Minister is satisfied on reasonable grounds of the prescribed matters. (4) The Governor‑General may make regulations prescribing the matters of which the Minister must be satisfied before listing an asset under subsection (3). (5) A matter must not be prescribed under subsection (2) or (4) unless the prescription of the matter would give effect to a decision that: (a) the Security Council has made under Chapter VII of the Charter of the United Nations; and (b) Article 25 of the Charter requires Australia to carry out; and (c) relates to terrorism and dealings with assets. 15A Duration of listing (1) A listing under section 15 ceases to have effect on: (a) if no declaration under subsection (2) has been made in relation to the listing—the third anniversary of the day on which the listing took effect; or (b) otherwise—the third anniversary of the making of the most recent declaration under subsection (2) in relation to the listing. (2) The Minister may declare, in writing, that a specified listing under section 15 continues to have effect. (3) The Minister must not: (a) make a declaration under subsection (2) specifying the listing of a person or entity unless the Minister is satisfied on reasonable grounds of the matters prescribed for the purposes of subsection 15(2); or (b) make a declaration under subsection (2) specifying the listing of an asset, or class of asset, unless the Minister is satisfied on reasonable grounds of the matters prescribed for the purposes of subsection 15(4). (4) The regulations may prescribe a form for a declaration under subsection (2). (5) A declaration made under subsection (2) is not a legislative instrument. (6) To avoid doubt, subsection (1) does not prevent: (a) the revocation, under section 16, of a listing; or (b) the revocation of a listing by operation of section 19; or (c) the making of a new listing that is the same in substance as another listing (whether the new listing is made or takes effect before or after the other listing ceases to have effect because of subsection (1)). 16 Minister may revoke the listing (1) The Minister may, by legislative instrument, revoke a listing under section 15 if the Minister is satisfied that the listing is no longer necessary to give effect to a decision that: (a) the Security Council has made under Chapter VII of the Charter of the United Nations; and (b) Article 25 of the Charter requires Australia to carry out; and (c) relates to terrorism and dealings with assets. (2) The Minister may revoke the listing either at the Minister's own instigation or on application by the listed person or entity. 17 Listed person or entity may apply to have the listing revoked (1) A listed person or entity may apply to the Minister to have the listing revoked. (2) The application must: (a) be in writing; and (b) set out the circumstances relied upon to justify the application. (3) The Minister is not required to consider an application (the current application) by a listed person or entity under this section if the listed person or entity has made an application under this section within one year before the current application. 18 Proscription by regulation (1) The Governor‑General may make regulations proscribing persons or entities under this section. (2) A person or entity must not be proscribed under subsection (1) unless the proscription would give effect to a decision: (a) that the Security Council has made under Chapter VII of the Charter of the United Nations; and (b) that Article 25 of the Charter requires Australia to carry out; and (c) that relates to terrorism and dealings with assets; and (d) under which the person or entity is identified (whether in the decision or using a mechanism established under the decision) as a person or entity to which the decision relates. (3) The regulations may proscribe persons or entities under this section by incorporating a list of persons or entities identified, either in the decision itself or using a mechanism established under the decision, as persons or entities to which the decision relates. The list may be incorporated by the regulations as it exists from time to time. 19 Effect of resolution ceasing to bind Australia (1) In so far as a listing under section 15 gives effect to a particular decision of the Security Council, the listing is revoked when Article 25 of the Charter of the United Nations ceases to require Australia to carry out that decision. (2) In so far as regulations proscribing a person or entity under section 18 give effect to a particular decision of the Security Council: (a) the regulations cease to have effect when Article 25 of the Charter of the United Nations ceases to require Australia to carry out that decision; and (b) they do not revive, even if Australia again becomes required to carry out the decision. (3) However, to avoid doubt, nothing in this section prevents: (aa) a listing ceasing to have effect under section 15A; or (a) the revocation, under section 16, of a listing; or (b) the repeal of regulations; or (c) the making of regulations that are the same in substance as regulations that have ceased to have effect because of this section. 20 Offence—dealing with freezable assets Offence for individuals (1) An individual commits an offence if: (a) the individual holds an asset; and (b) the individual: (i) uses or deals with the asset; or (ii) allows the asset to be used or dealt with; or (iii) facilitates the use of the asset or dealing with the asset; and (c) the asset is a freezable asset; and (d) the use or dealing is not in accordance with a notice under section 22. (2) Strict liability applies to the circumstance that the use or dealing with the asset is not in accordance with a notice under section 22. Note: For strict liability, see section 6.1 of the Criminal Code. (3) It is a defence if the individual proves that the use or dealing was solely for the purpose of preserving the value of the asset. Note: The individual bears a legal burden in relation to a matter in subsection (3) (see section 13.4 of the Criminal Code). Penalty for individuals (3A) An offence under subsection (1) is punishable on conviction by imprisonment for not more than 10 years or a fine not exceeding the amount worked out under subsection (3B), or both. (3B) For the purposes of subsection (3A), the amount is: (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following: (i) 3 times the value of the transaction or transactions; (ii) 2,500 penalty units; or (b) otherwise—2,500 penalty units. Offence for bodies corporate (3C) A body corporate commits an offence if: (a) the body corporate holds an asset; and (b) the body corporate: (i) uses or deals with the asset; or (ii) allows the asset to be used or dealt with; or (iii) facilitates the use of the asset or dealing with the asset; and (c) the asset is a freezable asset; and (d) the use or dealing is not in accordance with a notice under section 22. (3D) An offence under subsection (3C) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (3E) It is a defence if the body corporate proves that: (a) the use or dealing was solely for the purpose of preserving the value of the asset; or (b) the body corporate took reasonable precautions, and exercised due diligence, to avoid contravening subsection (3C). Note: The body corporate bears a legal burden in relation to a matter in subsection (3E) (see section 13.4 of the Criminal Code). Penalty for bodies corporate (3F) An offence under subsection (3C) is punishable on conviction by a fine not exceeding: (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following: (i) 3 times the value of the transaction or transactions; (ii) 10,000 penalty units; or (b) otherwise—10,000 penalty units. (4) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1) or (3C). 21 Offence—giving an asset to a proscribed person or entity Offence for individuals (1) An individual commits an offence if: (a) the individual, directly or indirectly, makes an asset available to a person or entity; and (b) the person or entity to whom the asset is made available is a proscribed person or entity; and (c) the making available of the asset is not in accordance with a notice under section 22. (2) Strict liability applies to the circumstance that the making available of the asset is not in accordance with a notice under section 22. Note: For strict liability, see section 6.1 of the Criminal Code. Penalty for individuals (2A) An offence under subsection (1) is punishable on conviction by imprisonment for not more than 10 years or a fine not exceeding the amount worked out under subsection (2B), or both. (2B) For the purposes of subsection (2A), the amount is: (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following: (i) 3 times the value of the transaction or transactions; (ii) 2,500 penalty units; or (b) otherwise—2,500 penalty units. Offence for bodies corporate (2C) A body corporate commits an offence if: (a) the body corporate, directly or indirectly, makes an asset available to a person or entity; and (b) the person or entity to whom the asset is made available is a proscribed person or entity; and (c) the making available of the asset is not in accordance with a notice under section 22. (2D) An offence under subsection (2C) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (2E) It is a defence if the body corporate proves that it took reasonable precautions, and exercised due diligence, to avoid contravening subsection (2C). Note: The body corporate bears a legal burden in relation to a matter in subsection (2E) (see section 13.4 of the Criminal Code). Penalty for bodies corporate (2F) An offence under subsection (2C) is punishable on conviction by a fine not exceeding: (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following: (i) 3 times the value of the transaction or transactions; (ii) 10,000 penalty units; or (b) otherwise—10,000 penalty units. (3) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1) or (2C). 22 Authorised dealings (1) The owner or holder of a freezable asset may apply in writing to the Minister for permission to use or deal with the asset in a specified way. (2) The owner or holder of an asset may apply in writing to the Minister for permission to make the asset available to a proscribed person or entity specified in the application. (3) The Minister may, by written notice: (a) permit a freezable asset specified in the notice to be used or dealt with in a specified way; or (b) permit an asset specified in the notice to be made available to a proscribed person or entity specified in the notice. (3A) The Minister may issue such a notice on his or her own initiative or upon application under subsection (1) or (2). (4) The notice may be subject to conditions. (5) The notice must be given to the owner or holder of the asset as soon as practicable after it is made. (6) The Minister may delegate the Minister's powers and functions under this section to: (a) the Secretary of the Department; or (b) an SES employee, or acting SES employee, in the Department. The delegation must be in writing. (7) The delegate must comply with any directions of the Minister in exercising powers or functions under the delegation. 22A Regulations on procedures relating to freezable assets (1) The Governor‑General may make regulations relating to procedures relating to assets that are, may be or may become freezable assets. (2) The regulations may provide for procedures relating to information (including personal information) relating to such assets in circumstances involving: (a) a listing, or proposed listing, of a person, entity, asset or class of asset under section 15; or (b) a question whether an asset is or may become a freezable asset; or (c) an application for, or grant of, permission under section 22. (3) Subsection (2) does not limit subsection (1). 22B Invalidation of notice for false or misleading information A notice under section 22 is taken never to have been made if information contained in, or information or a document accompanying, the application for the notice: (a) is false or misleading in a material particular; or (b) omits any matter or thing without which the information or document is misleading in a material particular. 23 Part prevails over conflicting legal obligations This Part prevails over provisions in laws of the Commonwealth, or of a State or Territory, that would otherwise require a person to act in contravention of this Part. 24 Indemnity for holder of assets A person is not liable to an action, suit or proceeding for anything done or omitted to be done in good faith and without negligence in compliance or purported compliance with this Part. 25 Compensation for persons wrongly affected If: (a) the owner or controller of an asset instructs a person holding the asset to use or deal with it; and (b) the holder refuses to comply with the instruction; and (c) the refusal was in good faith, and without negligence, in purported compliance with this Part; and (d) the asset was not a freezable asset; and (e) the owner of the asset suffered loss as a result of the refusal; the owner of the asset is entitled to be compensated by the Commonwealth for that loss. 26 Injunctions (1) If a person has engaged, is engaging, or proposes to engage, in conduct involving a contravention of this Part, a superior court may by order grant an injunction restraining the person from engaging in conduct specified in the order. (2) An injunction may only be granted on application by the Attorney‑General. (3) On an application, the court may, if it thinks it appropriate, grant an injunction by consent of all parties to the proceedings, whether or not the court is satisfied that subsection (1) applies. (4) A superior court may, if it thinks it desirable, grant an interim injunction pending its determination of an application. (5) A court is not to require the Attorney‑General or anyone else, as a condition of granting an interim injunction, to give an undertaking as to damages. (6) A court may discharge or vary an injunction it has granted. (7) The power to grant or vary an injunction restraining a person from engaging in conduct may be exercised: (a) whether or not it appears to the court that the person intends to engage again, or to continue to engage, in such conduct; and (b) whether or not the person has previously engaged in such conduct. Part 5—Offences relating to UN sanctions 27 Offence—Contravening a UN sanction enforcement law Individuals (1) An individual commits an offence if: (a) the individual engages in conduct; and (b) the conduct contravenes a UN sanction enforcement law. (2) An individual commits an offence if: (a) the individual engages in conduct; and (b) the conduct contravenes a condition of a licence, permission, consent, authorisation or approval (however described) under a UN sanction enforcement law. (3) An offence under subsection (1) or (2) is punishable on conviction by imprisonment for not more than 10 years or a fine not exceeding the amount worked out under subsection (4), or both. (4) For the purposes of subsection (3), the amount is: (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following: (i) 3 times the value of the transaction or transactions; (ii) 2,500 penalty units; or (b) otherwise—2,500 penalty units. Bodies corporate (5) A body corporate commits an offence if: (a) the body corporate engages in conduct; and (b) the conduct contravenes a UN sanction enforcement law. (6) A body corporate commits an offence if: (a) the body corporate engages in conduct; and (b) the conduct contravenes a condition of a licence, permission, consent, authorisation or approval (however described) under a UN sanction enforcement law. (7) Subsection (5) or (6) does not apply if the body corporate proves that it took reasonable precautions, and exercised due diligence, to avoid contravening that subsection. Note: The body corporate bears a legal burden in relation to a matter in subsection (7) (see section 13.4 of the Criminal Code). (8) An offence under subsection (5) or (6) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (9) An offence under subsection (5) or (6) is punishable on conviction by a fine not exceeding: (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following: (i) 3 times the value of the transaction or transactions; (ii) 10,000 penalty units; or (b) otherwise—10,000 penalty units. Definitions (10) In this section: engage in conduct means: (a) do an act; or (b) omit to perform an act. 28 Offence—False or misleading information given in connection with a UN sanction enforcement law (1) A person commits an offence if: (a) the person gives information or a document to a Commonwealth entity; and (b) the information or document is given in connection with the administration of a UN sanction enforcement law; and (c) the information or document: (i) is false or misleading; or (ii) omits any matter or thing without which the information or document is misleading. Penalty: Imprisonment for 10 years or 2,500 penalty units, or both. (2) A person (the first person) commits an offence if: (a) the first person gives information or a document to another person; and (b) the first person is reckless as to whether the other person or someone else will give the information or document to a Commonwealth entity in connection with the administration of a UN sanction enforcement law; and (c) the information or document: (i) is false or misleading; or (ii) omits any matter or thing without which the information or document is misleading. Penalty: Imprisonment for 10 years or 2,500 penalty units, or both. (3) Subsection (1) or (2) does not apply: (a) as a result of subparagraph (1)(c)(i) or (2)(c)(i)—if the information or document is not false or misleading in a material particular; or (b) as a result of subparagraph (1)(c)(ii) or (2)(c)(ii)—if the information or document did not omit any matter or thing without which the information or document is misleading in a material particular. Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code). Geographical application of offences (4) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1) or (2). Part 6—Information relating to UN sanctions 29 CEO of Commonwealth entity may give information or document (1) The CEO of a Commonwealth entity may give any information or document to the CEO of a designated Commonwealth entity for a purpose in connection with the administration of a UN sanction enforcement law. (2) Subsection (1) applies despite any other law of the Commonwealth, a State or a Territory. 30 Power to require information or documents to be given (1) The CEO of a designated Commonwealth entity may, for the purpose of determining whether a UN sanction enforcement law has been or is being complied with, give a person a written notice requiring the person to do either or both of the following: (a) to give the CEO information of the kind, by the time and in any manner or form, specified in the notice; (b) to give the CEO documents of the kind, by the time and in any manner, specified in the notice. (2) The person must comply with the notice despite any other law of the Commonwealth, a State or a Territory. (3) The time specified in the notice must be reasonable, having regard to all the circumstances. (4) The person may, before the time specified in the notice, request the CEO to extend the time by which the information or documents must be given. (5) The CEO may, by written notice given to the person, vary the notice under subsection (1) to specify a later time by which the information or documents must be given. (6) Subsection (5) does not limit the application of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (1). Note: Subsection 33(3) of the Acts Interpretation Act 1901 deals with revocation and variation etc. of instruments. (7) Subsection (1) does not apply if: (a) the person is the Commonwealth or a Commonwealth entity; or (b) the person: (i) is, or has at any time been, an officer of a Commonwealth entity; and (ii) obtained or generated the information or document in the course of carrying out his or her duties as an officer of the Commonwealth entity. 31 Information may be required to be given on oath (1) The CEO may require the information to be verified by, or given on, oath or affirmation. (2) The oath or affirmation is an oath or affirmation that the information is true. 32 Offence for failure to comply with requirement (1) A person commits an offence if: (a) the person has been given a notice under section 30; and (b) the person does not comply with the notice. Penalty: Imprisonment for 12 months. (2) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1). 33 Self‑incrimination not an excuse (1) An individual is not excused from giving information or a document under section 30 on the ground that the information, or the giving of the document, might tend to incriminate the individual or otherwise expose the individual to a penalty or other liability. (2) However, neither the information given nor the giving of the document is admissible in evidence against the individual in any criminal proceedings, or in any proceedings that would expose the individual to a penalty, other than proceedings for an offence against: (a) section 28 (false or misleading information given in connection with a UN sanction enforcement law); or (b) section 32 (failure to comply with requirement to give information or document). 34 CEO may copy documents If a person gives a document to the CEO of a designated Commonwealth entity under section 30, the CEO: (a) may take and keep a copy of the document; and (b) must return the document to the person within a reasonable time. 35 Further disclosure and use of information and documents Disclosure and use of information etc. within entity (1) An officer of a designated Commonwealth entity may do any of the following for a purpose in connection with the administration of a UN sanction enforcement law or with a decision of the Security Council referred to in section 6: (a) copy, make a record of or use, any information or document; (b) disclose any information, or give any document, to another officer of that entity. Disclosure outside of entity (2) A CEO of a designated Commonwealth entity may disclose any information or give any document to any of the following for a purpose in connection with the administration of a UN sanction enforcement law or with a decision of the Security Council referred to in section 6: (a) a Minister of the Commonwealth, a State or a Territory; (b) the CEO of another Commonwealth entity; (c) a State or Territory entity; (d) a foreign government entity; (e) a public international organisation; (f) a person specified in an instrument under subsection (3). (3) The Minister may, by legislative instrument, specify a person for the purposes of paragraph (2)(f). (4) Subsections (1) and (2) apply despite any other law of the Commonwealth, a State or a Territory. 36 Protection from liability (1) A person who, in good faith, gives, discloses, copies, makes a record of or uses information or a document under section 29, 30, 34 or 35 is not liable: (a) to any proceedings for contravening any other law because of that conduct; or (b) to civil proceedings for loss, damage or injury of any kind suffered by another person because of that conduct. (2) Subsection (1) does not prevent the person from being liable to a proceeding for conduct of the person that is revealed by the information or document. 37 Retention of records and documents (1) A person who applies for a licence, permission, consent, authorisation or approval under a UN sanction enforcement law (a relevant authorisation) must retain any records or documents relating to that application for the period of 5 years beginning on: (a) if the relevant authorisation was granted—the last day on which an action to which the relevant authorisation relates was done; or (b) if the relevant authorisation was not granted—the day on which the application was made. (2) A person who is granted a licence, permission, consent, authorisation or approval under a UN sanction enforcement law (a relevant authorisation) must retain any records or documents relating to the person's compliance with any conditions to which the relevant authorisation is subject for the period of 5 years beginning on the last day on which an action to which the relevant authorisation relates was done. Note: A person may commit an offence if the person fails to give under section 30 a record or document that is required to be retained under this section: see section 32. 38 Delegation (1) The CEO of a Commonwealth entity may, by written instrument, delegate all or any of his or her powers or functions under this Part to: (a) an SES employee or acting SES employee of the entity; or (b) an employee of the entity of equivalent rank to an SES employee. (2) In exercising powers or performing functions delegated under subsection (1), the delegate must comply with any directions of the CEO. Part 7—Miscellaneous 38A Effect of certain listings (1) In this section: listing: (a) means one of the following as in force at any time before the commencement of this section: (i) a listing under subsection 15(1) of a person or entity; (ii) a listing under subsection 15(3) of an asset or class of asset; and (b) to avoid doubt, includes a listing given effect by regulation 4 of the previous regulations. previous regulations means the Charter of the United Nations (Terrorism and Dealings with Assets) Regulations 2002. registered means registered on: (a) the Federal Register of Legislation (within the meaning of the Legislation Act 2003); or (b) the Register (within the meaning of the Legislative Instruments Act 2003 as in force before 5 March 2016). (2) Subsection (4) applies if, apart from this section, a listing would not have applied, or been enforceable, in relation to a person at a time before the commencement of this section only because the listing was not registered at the time. (3) Subsection (4) also applies if, apart from this section, a listing would not have applied in relation to a person at a time before the commencement of this section only because the listing was taken to be repealed by paragraph 32(2)(b) of the Legislative Instruments Act 2003 (as in force before 5 March 2016) because the listing had not been registered by a particular time. (4) The listing is taken, for all purposes, to have been registered at the time. (5) To avoid doubt: (a) anything done or purported to have been done by a person that would have been invalid except for subsection (4) is taken always to have been valid, despite any effect that may have on the accrued rights of any person; and (b) this section applies in relation to civil and criminal proceedings, including proceedings that are pending or concluded. 39 Regulations The Governor‑General may make regulations prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. The Schedule—Charter of the United Nations WE THE PEOPLES OF THE UNITED NATIONS DETERMINED to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and to promote social progress and better standards of life in larger freedom, AND FOR THESE ENDS to practice tolerance and live together in peace with one another as good neighbours, and to unite our strength to maintain international peace and security, and to ensure, by the acceptance of principles and the institution of methods, that armed force shall not be used, save in the common interest, and to employ international machinery for the promotion of the economic and social advancement of all peoples, HAVE RESOLVED TO COMBINE OUR EFFORTS TO ACCOMPLISH THESE AIMS. Accordingly, our respective Governments, through representatives assembled in the city of San Francisco, who have exhibited their full powers found to be in good and due form, have agreed to the present Charter of the United Nations and do hereby establish an international organization to be known as the United Nations. CHAPTER 1 PURPOSES AND PRINCIPLES Article 1 The Purposes of the United Nations are: 1. To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace; 2. To develop friendly relations among nations based on respect for the principle of equal rights and self‑determination of peoples, and to take other appropriate measures to strengthen universal peace; 3. To achieve international cooperation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and 4. To be a center for harmonizing the actions of nations in the attainment of these common ends. Article 2 The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles. 1. The Organization is based on the principle of the sovereign equality of all its Members. 2. All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfil in good faith the obligations assumed by them in accordance with the present Charter. 3. All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered. 4. All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations. 5. All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter, and shall refrain from giving assistance to any State against which the United Nations is taking preventive or enforcement action. 6. The Organization shall ensure that states which are not members of the United Nations act in accordance with these Principles so far as may be necessary for the maintenance of international peace and security. 7. Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter VII. CHAPTER II MEMBERSHIP Article 3 The original Members of the United Nations shall be the states which having participated in the United Nations Conference on International Organization at San Francisco, or having previously signed the Declaration by United Nations of January 1, 1942, sign the present Charter and ratify it in accordance with Article 110. Article 4 1. Membership in the United Nations is open to all other peace‑loving states which accept the obligations contained in the present Charter and, in the judgment of the Organization, are able and willing to carry out these obligations. 2. The admission of any such state to membership in the United Nations will be effected by a decision of the General Assembly upon the recommendation of the Security Council. Article 5 A Member of the United Nations against which preventive or enforcement action has been taken by the Security Council may be suspended from the exercise of the rights and privileges of membership by the General Assembly upon the recommendation of the Security Council. The exercise of these rights and privileges may be restored by the Security Council. Article 6 A Member of the United Nations which has persistently violated the Principles contained in the present Charter may be expelled from the Organization by the General Assembly upon the recommendation of the Security Council. CHAPTER III ORGANS Article 7 1. There are established as the principal organs of the United Nations: a General Assembly, a Security Council, an Economic and Social Council, a Trusteeship Council, an International Court of Justice, and a Secretariat. 2. Such subsidiary organs as may be found necessary may be established in accordance with the present Charter. Article 8 The United Nations shall place no restrictions on the eligibility of men and women to participate in any capacity and under conditions of equality in its principal and subsidiary organs. CHAPTER IV THE GENERAL ASSEMBLY Composition Article 9 1. The General Assembly shall consist of all the Members of the United Nations. 2. Each Member shall have not more than five representatives in the General Assembly. Functions and Powers Article 10 The General Assembly may discuss any questions or any matters within the scope of the present Charter or relating to the powers and functions of any organs provided for in the present Charter, and, except as provided in Article 12, may make recommendations to the Members of the United Nations or to the Security Council or to both on any such questions or matters. Article 11 1. The General Assembly may consider the general principles of cooperation in the maintenance of international peace and security, including the principles governing disarmament and the regulation of armaments, and may make recommendations with regard to such principles to the Members or to the Security Council or to both. 2. The General Assembly may discuss any questions relating to the maintenance of international peace and security brought before it by any Member of the United Nations, or by the Security Council, or by a state which is not a Member of the United Nations in accordance with Article 35, paragraph 2, and, except as provided in Article 12, may make recommendations with regard to any such questions to the state or states concerned or to the Security Council or to both. Any such question on which action is necessary shall be referred to the Security Council by the General Assembly either before or after discussion. 3. The General Assembly may call the attention of the Security Council to situations which are likely to endanger international peace and security. 4. The powers of the General Assembly set forth in this Article shall not limit the general scope of Article 10. Article 12 1. While the Security Council is exercising in respect of any dispute or situation the functions assigned to it in the present Charter, the General Assembly shall not make any recommendation with regard to that dispute or situation unless the Security Council so requests. 2. The Secretary‑General, with the consent of the Security Council, shall notify the General Assembly at each session of any matters relative to the maintenance of international peace and security which are being dealt with by the Security Council and shall similarly notify the General Assembly, or the Members of the United Nations if the General Assembly is not in session, immediately the Security Council ceases to deal with such matters. Article 13 1. The General Assembly shall initiate studies and make recommendations for the purpose of: (a) promoting international cooperation in the political field and encouraging the progressive development of international law and its codification; (b) promoting international cooperation in the economic, social, cultural, educational, and health fields, and assisting in the realization of human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion. 2. The further responsibilities, functions, and powers of the General Assembly with respect to matters mentioned in paragraph 1 (b) above are set forth in Chapters IX and X. Article 14 Subject to the provisions of Article 12, the General Assembly may recommend measures for the peaceful adjustment of any situation, regardless of origin, which it deems likely to impair the general welfare or friendly relations among nations, including situations resulting from a violation of the provisions of the present Charter setting forth the Purposes and Principles of the United Nations. Article 15 1. The General Assembly shall receive and consider annual and special reports from the Security Council; these reports shall include an account of the measures that the Security Council has decided upon or taken to maintain international peace and security. 2. The General Assembly shall receive and consider reports from the other organs of the United Nations. Article 16 The General Assembly shall perform such functions with respect to the international trusteeship system as are assigned to it under Chapters XII and XIII, including the approval of the trusteeship agreements for areas not designated as strategic. Article 17 1. The General Assembly shall consider and approve the budget of the Organization. 2. The expenses of the Organization shall be borne by the Members as apportioned by the General Assembly. 3. The General Assembly shall consider and approve any financial and budgetary arrangements with specialized agencies referred to in Article 57 and shall examine the administrative budgets of such specialized agencies with a view to making recommendations to the agencies concerned. Voting Article 18 1. Each member of the General Assembly shall have one vote. 2. Decisions of the General Assembly on important questions shall be made by a two‑thirds majority of the members present and voting. These questions shall include: recommendations with respect to the maintenance of international peace and security, the election of the non‑permanent members of the Security Council, the election of the members of the Economic and Social Council, the election of members of the Trusteeship Council in accordance with paragraph 1 (c) of Article 86, the admission of new Members to the United Nations, the suspension of the rights and privileges of membership, the expulsion of Members, questions relating to the operation of the trusteeship system, and budgetary questions. 3. Decisions on other questions, including the determination of additional categories of questions to be decided by a two‑thirds majority, shall be made by a majority of the members present and voting. Article 19 A Member of the United Nations which is in arrears in the payment of its financial contributions to the Organization shall have no vote in the General Assembly if the amount of its arrears equals or exceeds the amount of the contributions due from it for the proceeding two full years. The General Assembly may, nevertheless, permit such a Member to vote if it is satisfied that the failure to pay is due to conditions beyond the control of the Member. Procedure Article 20 The General Assembly shall meet in regular annual sessions and in such special sessions as occasion may require. Special sessions shall be convoked by the Secretary‑General at the request of the Security Council or of a majority of the Members of the United Nations. Article 21 The General Assembly shall adopt its own rules of procedure. It shall elect its President for each session. Article 22 The General Assembly may establish such subsidiary organs as it deems necessary for the performance of its functions. CHAPTER V THE SECURITY COUNCIL Composition Article 23 1. The Security Council shall consist of eleven Members of the United Nations. The Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America shall be permanent members of the Security Council. The General Assembly shall elect six other Members of the United Nations to be non‑permanent members of the Security Council, due regard being specially paid, in the first instance to the contribution of Members of the United Nations to the maintenance of international peace and security and to the other purposes of the Organization, and also to equitable geographical distribution. 2. The non‑permanent members of the Security Council shall be elected for a term of two years. In the first election of the non‑permanent members, however, three shall be chosen for a term of one year. A retiring member shall not be eligible for immediate re‑election. 3. Each member of the Security Council shall have one representative. Functions and Powers Article 24 1. In order to ensure prompt and effective action by the United Nations, its Members confer on the Security Council primary responsibility for the maintenance of international peace and security, and agree that in carrying out its duties under this responsibility the Security Council acts on their behalf. 2. In discharging these duties the Security Council shall act in accordance with the Purposes and Principles of the United Nations. The specific powers granted to the Security Council for the discharge of these duties are laid down in Chapters VI, VII, VIII, and XII. 3. The Security Council shall submit annual and, when necessary, special reports to the General Assembly for its consideration. Article 25 The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter. Article 26 In order to promote the establishment and maintenance of international peace and security with the least diversion for armaments of the world's human and economic resources, the Security Council shall be responsible for formulating, with the assistance of the Military Staff Committee referred to in Article 47, plans to be submitted to the Members of the United Nations for the establishment of a system for the regulation of armaments. Voting Article 27 1. Each member of the Security Council shall have one vote. 2. Decisions of the Security Council on procedural matters shall be made by an affirmative vote of seven members. 3. Decisions of the Security Council on all other matters shall be made by an affirmative vote of seven members including the concurring votes of the permanent members; provided that, in decisions under Chapter VI, and under paragraph 3 of Article 52, a party to a dispute shall abstain from voting. Procedure Article 28 1. The Security Council shall be so organized as to be able to function continuously. Each member of the Security Council shall for this purpose be represented at all times at the seat of the Organization. 2. The Security Council shall hold periodic meetings at which each of its members may, if it so desires, be represented by a member of the government or by some other specially designated representative. 3. The Security Council may hold meetings at such places other than the seat of the Organization as in its judgment will best facilitate its work. Article 29 The Security Council may establish such subsidiary organs as it deems necessary for the performance of its functions. Article 30 The Security Council shall adopt its own rules of procedure, including the method of selecting its President. Article 31 Any Member of the United Nations which is not a member of the Security Council may participate, without vote, in the discussion of any question brought before the Security Council whenever the latter considers that the interests of that Member are specially affected. Article 32 Any Member of the United Nations which is not a member of the Security Council or any state which is not a Member of the United Nations, if it is a party to a dispute under consideration by the Security Council, shall be invited to participate, without vote, in the discussion relating to the dispute. The Security Council shall lay down such conditions as it deems just for the participation of a state which is not a Member of the United Nations. CHAPTER VI PACIFIC SETTLEMENT OF DISPUTES Article 33 1. The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice. 2. The Security Council shall, when it deems necessary, call upon the parties to settle their dispute by such means. Article 34 The Security Council may investigate any dispute, or any situation which might lead to international friction or give rise to a dispute, in order to determine whether the continuance of the dispute or situation is likely to endanger the maintenance of international peace and security. Article 35 1. Any Member of the United Nations may bring any dispute, or any situation of the nature referred to in Article 34, to the attention of the Security Council or of the General Assembly. 2. A state which is not a Member of the United Nations may bring to the attention of the Security Council or of the General Assembly any dispute to which it is a party if it accepts in advance, for the purposes of the dispute, the obligations of pacific settlement provided in the present Charter. 3. The proceedings of the General Assembly in respect of matters brought to its attention under this Article will be subject to the provisions of Articles 11 and 12. Article 36 1. The Security Council may, at any stage of a dispute of the nature referred to in Article 33 or of a situation of like nature, recommend appropriate procedures or methods of adjustment. 2. The Security Council should take into consideration any procedures for the settlement of the dispute which have already been adopted by the parties. 3. In making recommendations under this Article the Security Council should also take into consideration that legal disputes should as a general rule be referred by the parties to the International Court of Justice in accordance with the provisions of the Statute of the Court. Article 37 1. Should the parties to a dispute of the nature referred to in Article 33 fail to settle it by the means indicated in that Article, they shall refer it to the Security Council. 2. If the Security Council deems that the continuance of the dispute is in fact likely to endanger the maintenance of international peace and security, it shall decide whether to take action under Article 36 or to recommend such terms of settlement as it may consider appropriate. Article 38 Without prejudice to the provisions of Articles 33 to 37, the Secur