Commonwealth Numbered Regulations - Explanatory Statements

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CHARTER OF THE UNITED NATIONS (SANCTIONS-LIBYA) REGULATIONS (AMENDMENT) 1995 NO. 432

Statutory Rules 1995 No. 432

Issued by the Authority of the Minister for Foreign Affairs

Charter of the United Nations Act 1945

Charter of The United Nations (Sanctions-Libya) Regulations (Amendment)

Section 6 of the Charter of the United Nations Act 1945 (the Act) provides that the GovernorGeneral 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 United Nations decided on 11 November 1993 in Security Council Resolution (SCR) 883 to impose sanctions on Libya in addition to sanctions imposed by SCR 748 (1992). These sanctions were implemented into Australian domestic law through various regulations to Commonwealth Acts including the Charter of the United Nations (Sanctions-Libya) Regulations. Slight inconsistencies existed between the Charter of the United Nations (Sanctions-Libya) Regulations and SCR 883. The amendment ensures that the Charter of the United Nations (Sanctions-Libya) Regulations properly reflect the sanctions regime imposed by SCR 883.

Details of the proposed Regulation are as follows:

Regulation 1 indicates that the Charter of the United Nations (Sanctions-Libya) Regulations are amended in accordance with these Regulations.

Regulation 2 provides that the word "use" in subregulation 4(2) is replaced by the phrase "make available".

Regulation 3 provides that the word "use" in subregulation 5(2) is replaced by the phrase "make available".

The Regulations commenced on gazettal.