Commonwealth Numbered Regulations - Explanatory Statements

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CHARTER OF THE UNITED NATIONS (SANCTIONS-BOSNIA AND HERZEGOVINA) REGULATIONS(AMENDMENT) 1996 NO. 30

Statutory Rules 1996 No. 30

Issued by the Authority of the Minister for Foreign Affairs

Charter of the United Nations Act 1945

Charter of the United Nations (Sanctions-Bosnia and Herzegovina) Regulations (Amendment)

Section 6 of the Charter of the United Nations Act 1945 (the Act) provides that the Governor-General may make regulations for, and in relation to, giving effect to decisions 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 those decisions require Australia to apply measures not involving the use of armed force.

The Security Council made an announcement on 27 February 1996 that sanctions against the Bosnian Serb party were suspended following the last condition set by Security Council Resolution 1022 being met. It is proposed to amend the Charter of the United Nations (Sanctions-Republic of Bosnia and Herzegovina) Regulations to enable the operation of these Regulations to be suspended while the sanctions imposed by the Security Council are suspended.

Details of the amendments are as follows:

Regulation 1 provides that the Charter of the United Nations (Sanctions-Republic of Bosnia and Herzegovina) Regulations are amended as set out in these Regulations.

Regulation 2 provides that financial and economic sanctions imposed under Regulations 5, 6 and 7 have no operation while the sanctions imposed under the Security Council Resolution 942 are suspended by a decision of the Security Council.

Regulation 2 also provides that the Minister for Foreign Affairs can sign a certificate indicating that the Security Council has made a decision to suspend sanctions imposed under Security Council Resolution 942.

The Regulations commenced on gazettal.