Commonwealth Numbered Regulations - Explanatory Statements

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CHARTER OF THE UNITED NATIONS (SANCTIONS-YUGOSLAVIA) REGULATIONS (AMENDMENT) 1995 NO. 433

Statutory Rules 1995 No. 433

Issued by the Authority of the Minister for Foreign Affairs

Charter of the United Nations Act 1945

Charter of the United Nations (Sanctions-Yugoslavia) Regulations (Amendment)

Section 6 of the Charter of the United Nations Act 1945 (the Act) provides that the GovernorGeneral may make regulations for, and m 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 22 November 1995 in Security Council Resolution (SCR) 1022 to suspend certain sanctions imposed against the Federal Republic of Yugoslavia (Serbia and Montenegro) - FRY. It is proposed to mend the Charter of the United Nations (SanctionsYugoslavia) 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 indicates that the Charter of the United Nations (Sanctions-Yugoslavia) Regulations are amended in accordance with these Regulations.

Regulations - 2 provides that an authorised person may grant a permission to a person in Australia to use Yugoslavian funds that would otherwise be prohibited under these Regulations. In deciding whether to grant such a permission, the authorised person must take into account Australia's obligations under international law. Regulation 2 allows the authorised person to attach conditions to such a permission.

Regulation 3 provides that if an authorised person decides not to grant a permission to a person to use funds under these Regulations, this decision is subject to review by the Administrative Appeals Tribunal (AAT). Regulation 3 also provides that if an authorised person decides not to grant a permission to a person to provide a service to Yugoslavia, then that decision is subject to review by the AAT. The AAT is also able to review decisions to attach certain conditions to such permissions.

Regulation 4 provides that a person may obtain permission from an authorised person in order to provide a service to a business in Yugoslavia that would otherwise be prohibited under these Regulations. In deciding whether to grant such a permission, the authorised person must take into account Australia's obligations under international law. Regulation 4 allows the authorised person to attach conditions to such a permission.

Regulation 5 provides that these Regulations have no operation while the sanctions under the Security Council are suspended. Regulation 5 then goes on to provide that these Regulations will still operate to prohibit activities that continue to be subject to the Security Council sanctions regime.

Subregulation 5(3) refers to the situation where an authorised person issues a permission to a person to undertake an activity that would otherwise be prohibited under these Regulations. Such a permission is valid even if these Regulations are suspended at the time the permission is granted.

The Regulations commenced on gazettal.