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CHARTER OF THE UNITED NATIONS ACT 1945 - SECT 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.


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