{"id":"C1945A00032","name":"Charter of the United Nations Act 1945","slug":"charter-of-the-united-nations-act-1945","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"32 of 1945","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":735,"registerId":"C2021C00518","compilationNumber":"15","startDate":"2021-09-14","status":"InForce","reasons":[{"affect":"Amend","markdown":"sch 1 (items 1-6) of the [Charter of the United Nations Amendment Act 2021](/C2021A00106)","dateChanged":null,"amendedByTitle":null,"affectedByTitle":{"name":"Charter of the United Nations Amendment Act 2021","year":2021,"number":106,"titleId":"C2021A00106","provisions":"sch 1 (items 1-6)","seriesType":"Act","optionalSeriesNumber":null}}],"registeredAt":"2021-11-10T12:00:26.720Z"},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Charter of the United Nations Act 1945.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Definitions","content":"#### 2 Definitions\n\n  In this Act:\n\n> asset means:\n\n    (a) an asset of any kind or property of any kind, whether tangible or intangible, movable or immovable, however acquired; and\n    (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.\n\n> CEO, in relation to a Commonwealth entity, means the chief executive officer (however described) of that entity.\n\n> Charter of the United Nations means the Charter of the United Nations, done at San Francisco on 26 June 1945 \\[1945\\] ATS 1.\n\n> 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).\n\n> Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> designated Commonwealth entity means a Commonwealth entity that is specified in an instrument under section 2A.\n\n> foreign government entity means:\n\n    (a) the government of a foreign country or of part of a foreign country; or\n    (b) an authority of the government of a foreign country; or\n    (c) an authority of the government of part of a foreign country.\n\n> officer of a Commonwealth entity includes:\n\n    (a) the CEO of the Commonwealth entity; and\n    (b) an employee of the Commonwealth entity; and\n    (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.\n\n> public international organisation has the meaning given by section 70.1 of the Criminal Code.\n\n> State or Territory entity means:\n\n    (a) a State or Territory; or\n    (b) an authority of a State or Territory.\n\n> UN sanction enforcement law means a provision that is specified in an instrument under subsection 2B(1).","sortOrder":2},{"sectionNumber":"2A","sectionType":"section","heading":"Meaning of designated Commonwealth entity","content":"#### 2A Meaning of designated Commonwealth entity\n\n  The Minister may, by legislative instrument, specify a Commonwealth entity as a designated Commonwealth entity.","sortOrder":3},{"sectionNumber":"2B","sectionType":"section","heading":"Meaning of UN sanction enforcement law","content":"#### 2B Meaning of UN sanction enforcement law\n\n  (1) The Minister may, by legislative instrument, specify a provision of a law of the Commonwealth as a UN sanction enforcement law.\n  (2) The Minister may specify a provision in relation to particular circumstances.\n  (3) The Minister may only specify a provision to the extent that it gives effect to a decision that:\n    (a) the Security Council has made under Chapter VII of the Charter of the United Nations; and\n    (b) Article 25 of the Charter requires Australia to carry out;\n  in so far as that decision requires Australia to apply measures not involving the use of armed force.\n\n> 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.\n\n  (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.\n  (5) A provision ceases to be a UN sanction enforcement law to a particular extent if:\n    (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\n    (b) the provision gave effect to that decision to that extent; and\n    (c) the provision does not give effect to any other decision referred to in subsection (3) to that extent.","sortOrder":4},{"sectionNumber":"3","sectionType":"section","heading":"Extension to external Territories","content":"#### 3 Extension to external Territories\n\n  This Act extends to every external Territory.","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Act binds the Crown","content":"#### 4 Act binds the Crown\n\n  (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.\n  (2) Nothing in this Act renders the Crown in any right liable to be prosecuted for an offence.","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"Approval of Charter","content":"## Part 2—Approval of Charter","sortOrder":7},{"sectionNumber":"5","sectionType":"section","heading":"Approval","content":"#### 5 Approval\n\n  The Charter of the United Nations (a copy of which is set out in the Schedule) is approved.","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"part","heading":"Regulations to Apply Security Council Sanctions","content":"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\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Charter of the United Nations Act 1945.\n\n#### 2 Definitions\n\n  In this Act:\n\n> asset means:\n\n    (a) an asset of any kind or property of any kind, whether tangible or intangible, movable or immovable, however acquired; and\n    (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.\n\n> CEO, in relation to a Commonwealth entity, means the chief executive officer (however described) of that entity.\n\n> Charter of the United Nations means the Charter of the United Nations, done at San Francisco on 26 June 1945 \\[1945\\] ATS 1.\n\n> 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).\n\n> Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> designated Commonwealth entity means a Commonwealth entity that is specified in an instrument under section 2A.\n\n> foreign government entity means:\n\n    (a) the government of a foreign country or of part of a foreign country; or\n    (b) an authority of the government of a foreign country; or\n    (c) an authority of the government of part of a foreign country.\n\n> officer of a Commonwealth entity includes:\n\n    (a) the CEO of the Commonwealth entity; and\n    (b) an employee of the Commonwealth entity; and\n    (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.\n\n> public international organisation has the meaning given by section 70.1 of the Criminal Code.\n\n> State or Territory entity means:\n\n    (a) a State or Territory; or\n    (b) an authority of a State or Territory.\n\n> UN sanction enforcement law means a provision that is specified in an instrument under subsection 2B(1).\n\n#### 2A Meaning of designated Commonwealth entity\n\n  The Minister may, by legislative instrument, specify a Commonwealth entity as a designated Commonwealth entity.\n\n#### 2B Meaning of UN sanction enforcement law\n\n  (1) The Minister may, by legislative instrument, specify a provision of a law of the Commonwealth as a UN sanction enforcement law.\n  (2) The Minister may specify a provision in relation to particular circumstances.\n  (3) The Minister may only specify a provision to the extent that it gives effect to a decision that:\n    (a) the Security Council has made under Chapter VII of the Charter of the United Nations; and\n    (b) Article 25 of the Charter requires Australia to carry out;\n  in so far as that decision requires Australia to apply measures not involving the use of armed force.\n\n> 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.\n\n  (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.\n  (5) A provision ceases to be a UN sanction enforcement law to a particular extent if:\n    (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\n    (b) the provision gave effect to that decision to that extent; and\n    (c) the provision does not give effect to any other decision referred to in subsection (3) to that extent.\n\n#### 3 Extension to external Territories\n\n  This Act extends to every external Territory.\n\n#### 4 Act binds the Crown\n\n  (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.\n  (2) Nothing in this Act renders the Crown in any right liable to be prosecuted for an offence.\n\n## Part 2—Approval of Charter\n\n#### 5 Approval\n\n  The Charter of the United Nations (a copy of which is set out in the Schedule) is approved.\n\n## Part 3—Regulations to Apply Security Council Sanctions\n\n### Division 1—Making and effect of regulations\n\n#### 6 Regulations may apply sanctions\n\n  (1) The Governor‑General may make regulations for and in relation to giving effect to decisions that:\n    (a) the Security Council makes under Chapter VII of the Charter of the United Nations; and\n    (b) Article 25 of the Charter requires Australia to carry out;\n  in so far as those decisions require Australia to apply measures not involving the use of armed force.\n\n> 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.\n\n  (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:\n    (a) proscribing persons or entities;\n    (b) restricting or preventing uses of, dealings with, and making available, assets;\n    (c) restricting or preventing the supply, sale or transfer of goods or services;\n    (d) restricting or preventing the procurement of goods or services;\n    (e) providing for indemnities for acting in compliance or purported compliance with those regulations;\n    (f) providing for compensation for owners of assets;\n    (g) authorising the making of legislative instruments.\n  (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.\n\n#### 7 Regulations may have extra‑territorial effect\n\n  (1) The regulations may be expressed to have extra‑territorial effect.\n  (2) If they are so expressed, they have effect accordingly, and so does Division 2 of this Part.\n\n#### 8 Regulations expire when sanctions resolution ceases to bind Australia\n\n  (1) In so far as the regulations provide for or in relation to giving effect to a particular decision of the Security Council:\n    (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\n    (b) they do not revive, even if Australia again becomes required to carry out the decision.\n  (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.\n\n#### 9 Effect of regulations on earlier Commonwealth Acts and on State and Territory laws\n\n  The regulations have effect despite:\n    (a) an Act enacted before the commencement of this section; or\n    (b) an instrument made under such an Act (including such an instrument made at or after that commencement); or\n    (c) a law of a State or Territory; or\n    (d) an instrument made under such a law; or\n    (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\n    (f) an instrument made under such a provision.\n\n#### 10 Later Acts not to be interpreted as overriding this Part or the regulations\n\n  (1) An Act enacted at or after the commencement of this section is not to be interpreted as:\n    (a) amending or repealing, or otherwise altering the effect or operation of, a provision of this Part or of the regulations; or\n    (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.\n  (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.\n\n#### 11 Other instruments giving effect to Security Council decisions\n\n  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.\n\n### Division 2—Enforcing the regulations\n\n#### 12 Offences\n\n  (1) The regulations may prescribe penalties of not more than 50 penalty units for offences against the regulations.\n  (2) The limitation on penalties in subsection (1) does not prevent the regulations from requiring someone to make a statutory declaration.\n\n#### 13 Injunctions\n\n  (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.\n  (2) An injunction may only be granted on application by the Attorney‑General.\n  (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.\n  (4) A superior court may, if it thinks it desirable, grant an interim injunction pending its determination of an application.\n  (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.\n  (6) A court may discharge or vary an injunction it has granted.\n  (7) The power to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n    (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\n    (b) whether or not the person has previously engaged in such conduct.\n  (8) In this section:\n\n> superior court means the Federal Court of Australia or the Supreme Court of a State or Territory.\n\n#### 13A Invalidation of permission, authorisations etc.\n\n  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:\n    (a) is false or misleading in a material particular; or\n    (b) omits any matter or thing without which the information or document is misleading in a material particular.\n\n## Part 4—Security Council decisions that relate to terrorism and dealings with assets\n\n#### 14 Definitions\n\n  In this Part:\n\n> freezable asset means an asset that:\n\n    (a) is owned or controlled by a proscribed person or entity; or\n    (b) is a listed asset; or\n    (c) is derived or generated from assets mentioned in paragraph (a) or (b).\n\n> listed asset means an asset listed by the Minister under section 15.\n\n> proscribed person or entity means:\n\n    (a) a person or entity listed by the Minister under section 15; or\n    (b) a person or entity proscribed by regulation under section 18.\n\n> superior court means the Federal Court of Australia or the Supreme Court of a State or Territory.\n\n#### 15 Listing persons, entities and assets\n\n  (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.\n  (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).\n  (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.\n  (4) The Governor‑General may make regulations prescribing the matters of which the Minister must be satisfied before listing an asset under subsection (3).\n  (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:\n    (a) the Security Council has made under Chapter VII of the Charter of the United Nations; and\n    (b) Article 25 of the Charter requires Australia to carry out; and\n    (c) relates to terrorism and dealings with assets.\n\n#### 15A Duration of listing\n\n  (1) A listing under section 15 ceases to have effect on:\n    (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\n    (b) otherwise—the third anniversary of the making of the most recent declaration under subsection (2) in relation to the listing.\n  (2) The Minister may declare, in writing, that a specified listing under section 15 continues to have effect.\n  (3) The Minister must not:\n    (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\n    (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).\n  (4) The regulations may prescribe a form for a declaration under subsection (2).\n  (5) A declaration made under subsection (2) is not a legislative instrument.\n  (6) To avoid doubt, subsection (1) does not prevent:\n    (a) the revocation, under section 16, of a listing; or\n    (b) the revocation of a listing by operation of section 19; or\n    (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)).\n\n#### 16 Minister may revoke the listing\n\n  (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:\n    (a) the Security Council has made under Chapter VII of the Charter of the United Nations; and\n    (b) Article 25 of the Charter requires Australia to carry out; and\n    (c) relates to terrorism and dealings with assets.\n  (2) The Minister may revoke the listing either at the Minister’s own instigation or on application by the listed person or entity.\n\n#### 17 Listed person or entity may apply to have the listing revoked\n\n  (1) A listed person or entity may apply to the Minister to have the listing revoked.\n  (2) The application must:\n    (a) be in writing; and\n    (b) set out the circumstances relied upon to justify the application.\n  (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.\n\n#### 18 Proscription by regulation\n\n  (1) The Governor‑General may make regulations proscribing persons or entities under this section.\n  (2) A person or entity must not be proscribed under subsection (1) unless the proscription would give effect to a decision:\n    (a) that the Security Council has made under Chapter VII of the Charter of the United Nations; and\n    (b) that Article 25 of the Charter requires Australia to carry out; and\n    (c) that relates to terrorism and dealings with assets; and\n    (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.\n  (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.\n\n#### 19 Effect of resolution ceasing to bind Australia\n\n  (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.\n  (2) In so far as regulations proscribing a person or entity under section 18 give effect to a particular decision of the Security Council:\n    (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\n    (b) they do not revive, even if Australia again becomes required to carry out the decision.\n  (3) However, to avoid doubt, nothing in this section prevents:\n    (aa) a listing ceasing to have effect under section 15A; or\n    (a) the revocation, under section 16, of a listing; or\n    (b) the repeal of regulations; or\n    (c) the making of regulations that are the same in substance as regulations that have ceased to have effect because of this section.\n\n#### 20 Offence—dealing with freezable assets\n\n  Offence for individuals\n  (1) An individual commits an offence if:\n    (a) the individual holds an asset; and\n    (b) the individual:\n    (i) uses or deals with the asset; or\n    (ii) allows the asset to be used or dealt with; or\n    (iii) facilitates the use of the asset or dealing with the asset; and\n    (c) the asset is a freezable asset; and\n    (d) the use or dealing is not in accordance with a notice under section 22.\n  (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.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (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.\n\n> Note: The individual bears a legal burden in relation to a matter in subsection (3) (see section 13.4 of the Criminal Code).\n\n  Penalty for individuals\n  (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.\n  (3B) For the purposes of subsection (3A), the amount is:\n    (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following:\n    (i) 3 times the value of the transaction or transactions;\n    (ii) 2,500 penalty units; or\n    (b) otherwise—2,500 penalty units.\n  Offence for bodies corporate\n  (3C) A body corporate commits an offence if:\n    (a) the body corporate holds an asset; and\n    (b) the body corporate:\n    (i) uses or deals with the asset; or\n    (ii) allows the asset to be used or dealt with; or\n    (iii) facilitates the use of the asset or dealing with the asset; and\n    (c) the asset is a freezable asset; and\n    (d) the use or dealing is not in accordance with a notice under section 22.\n  (3D) An offence under subsection (3C) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3E) It is a defence if the body corporate proves that:\n    (a) the use or dealing was solely for the purpose of preserving the value of the asset; or\n    (b) the body corporate took reasonable precautions, and exercised due diligence, to avoid contravening subsection (3C).\n\n> Note: The body corporate bears a legal burden in relation to a matter in subsection (3E) (see section 13.4 of the Criminal Code).\n\n  Penalty for bodies corporate\n  (3F) An offence under subsection (3C) is punishable on conviction by a fine not exceeding:\n    (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following:\n    (i) 3 times the value of the transaction or transactions;\n    (ii) 10,000 penalty units; or\n    (b) otherwise—10,000 penalty units.\n  (4) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1) or (3C).\n\n#### 21 Offence—giving an asset to a proscribed person or entity\n\n  Offence for individuals\n  (1) An individual commits an offence if:\n    (a) the individual, directly or indirectly, makes an asset available to a person or entity; and\n    (b) the person or entity to whom the asset is made available is a proscribed person or entity; and\n    (c) the making available of the asset is not in accordance with a notice under section 22.\n  (2) Strict liability applies to the circumstance that the making available of the asset is not in accordance with a notice under section 22.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  Penalty for individuals\n  (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.\n  (2B) For the purposes of subsection (2A), the amount is:\n    (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following:\n    (i) 3 times the value of the transaction or transactions;\n    (ii) 2,500 penalty units; or\n    (b) otherwise—2,500 penalty units.\n  Offence for bodies corporate\n  (2C) A body corporate commits an offence if:\n    (a) the body corporate, directly or indirectly, makes an asset available to a person or entity; and\n    (b) the person or entity to whom the asset is made available is a proscribed person or entity; and\n    (c) the making available of the asset is not in accordance with a notice under section 22.\n  (2D) An offence under subsection (2C) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (2E) It is a defence if the body corporate proves that it took reasonable precautions, and exercised due diligence, to avoid contravening subsection (2C).\n\n> Note: The body corporate bears a legal burden in relation to a matter in subsection (2E) (see section 13.4 of the Criminal Code).\n\n  Penalty for bodies corporate\n  (2F) An offence under subsection (2C) is punishable on conviction by a fine not exceeding:\n    (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following:\n    (i) 3 times the value of the transaction or transactions;\n    (ii) 10,000 penalty units; or\n    (b) otherwise—10,000 penalty units.\n  (3) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1) or (2C).\n\n#### 22 Authorised dealings\n\n  (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.\n  (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.\n  (3) The Minister may, by written notice:\n    (a) permit a freezable asset specified in the notice to be used or dealt with in a specified way; or\n    (b) permit an asset specified in the notice to be made available to a proscribed person or entity specified in the notice.\n  (3A) The Minister may issue such a notice on his or her own initiative or upon application under subsection (1) or (2).\n  (4) The notice may be subject to conditions.\n  (5) The notice must be given to the owner or holder of the asset as soon as practicable after it is made.\n  (6) The Minister may delegate the Minister’s powers and functions under this section to:\n    (a) the Secretary of the Department; or\n    (b) an SES employee, or acting SES employee, in the Department.\n  The delegation must be in writing.\n  (7) The delegate must comply with any directions of the Minister in exercising powers or functions under the delegation.\n\n#### 22A Regulations on procedures relating to freezable assets\n\n  (1) The Governor‑General may make regulations relating to procedures relating to assets that are, may be or may become freezable assets.\n  (2) The regulations may provide for procedures relating to information (including personal information) relating to such assets in circumstances involving:\n    (a) a listing, or proposed listing, of a person, entity, asset or class of asset under section 15; or\n    (b) a question whether an asset is or may become a freezable asset; or\n    (c) an application for, or grant of, permission under section 22.\n  (3) Subsection (2) does not limit subsection (1).\n\n#### 22B Invalidation of notice for false or misleading information\n\n  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:\n    (a) is false or misleading in a material particular; or\n    (b) omits any matter or thing without which the information or document is misleading in a material particular.\n\n#### 23 Part prevails over conflicting legal obligations\n\n  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.\n\n#### 24 Indemnity for holder of assets\n\n  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.\n\n#### 25 Compensation for persons wrongly affected\n\n  If:\n    (a) the owner or controller of an asset instructs a person holding the asset to use or deal with it; and\n    (b) the holder refuses to comply with the instruction; and\n    (c) the refusal was in good faith, and without negligence, in purported compliance with this Part; and\n    (d) the asset was not a freezable asset; and\n    (e) the owner of the asset suffered loss as a result of the refusal;\n  the owner of the asset is entitled to be compensated by the Commonwealth for that loss.\n\n#### 26 Injunctions\n\n  (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.\n  (2) An injunction may only be granted on application by the Attorney‑General.\n  (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.\n  (4) A superior court may, if it thinks it desirable, grant an interim injunction pending its determination of an application.\n  (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.\n  (6) A court may discharge or vary an injunction it has granted.\n  (7) The power to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n    (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\n    (b) whether or not the person has previously engaged in such conduct.\n\n## Part 5—Offences relating to UN sanctions\n\n#### 27 Offence—Contravening a UN sanction enforcement law\n\n  Individuals\n  (1) An individual commits an offence if:\n    (a) the individual engages in conduct; and\n    (b) the conduct contravenes a UN sanction enforcement law.\n  (2) An individual commits an offence if:\n    (a) the individual engages in conduct; and\n    (b) the conduct contravenes a condition of a licence, permission, consent, authorisation or approval (however described) under a UN sanction enforcement law.\n  (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.\n  (4) For the purposes of subsection (3), the amount is:\n    (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following:\n    (i) 3 times the value of the transaction or transactions;\n    (ii) 2,500 penalty units; or\n    (b) otherwise—2,500 penalty units.\n  Bodies corporate\n  (5) A body corporate commits an offence if:\n    (a) the body corporate engages in conduct; and\n    (b) the conduct contravenes a UN sanction enforcement law.\n  (6) A body corporate commits an offence if:\n    (a) the body corporate engages in conduct; and\n    (b) the conduct contravenes a condition of a licence, permission, consent, authorisation or approval (however described) under a UN sanction enforcement law.\n  (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.\n\n> Note: The body corporate bears a legal burden in relation to a matter in subsection (7) (see section 13.4 of the Criminal Code).\n\n  (8) An offence under subsection (5) or (6) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (9) An offence under subsection (5) or (6) is punishable on conviction by a fine not exceeding:\n    (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following:\n    (i) 3 times the value of the transaction or transactions;\n    (ii) 10,000 penalty units; or\n    (b) otherwise—10,000 penalty units.\n  Definitions\n  (10) In this section:\n\n> engage in conduct means:\n\n    (a) do an act; or\n    (b) omit to perform an act.\n\n#### 28 Offence—False or misleading information given in connection with a UN sanction enforcement law\n\n  (1) A person commits an offence if:\n    (a) the person gives information or a document to a Commonwealth entity; and\n    (b) the information or document is given in connection with the administration of a UN sanction enforcement law; and\n    (c) the information or document:\n    (i) is false or misleading; or\n    (ii) omits any matter or thing without which the information or document is misleading.\n\nPenalty: Imprisonment for 10 years or 2,500 penalty units, or both.\n\n  (2) A person (the first person) commits an offence if:\n    (a) the first person gives information or a document to another person; and\n    (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\n    (c) the information or document:\n    (i) is false or misleading; or\n    (ii) omits any matter or thing without which the information or document is misleading.\n\nPenalty: Imprisonment for 10 years or 2,500 penalty units, or both.\n\n  (3) Subsection (1) or (2) does not apply:\n    (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\n    (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.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n  Geographical application of offences\n  (4) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1) or (2).\n\n## Part 6—Information relating to UN sanctions\n\n#### 29 CEO of Commonwealth entity may give information or document\n\n  (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.\n  (2) Subsection (1) applies despite any other law of the Commonwealth, a State or a Territory.\n\n#### 30 Power to require information or documents to be given\n\n  (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:\n    (a) to give the CEO information of the kind, by the time and in any manner or form, specified in the notice;\n    (b) to give the CEO documents of the kind, by the time and in any manner, specified in the notice.\n  (2) The person must comply with the notice despite any other law of the Commonwealth, a State or a Territory.\n  (3) The time specified in the notice must be reasonable, having regard to all the circumstances.\n  (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.\n  (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.\n  (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).\n\n> Note: Subsection 33(3) of the Acts Interpretation Act 1901 deals with revocation and variation etc. of instruments.\n\n  (7) Subsection (1) does not apply if:\n    (a) the person is the Commonwealth or a Commonwealth entity; or\n    (b) the person:\n    (i) is, or has at any time been, an officer of a Commonwealth entity; and\n    (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.\n\n#### 31 Information may be required to be given on oath\n\n  (1) The CEO may require the information to be verified by, or given on, oath or affirmation.\n  (2) The oath or affirmation is an oath or affirmation that the information is true.\n\n#### 32 Offence for failure to comply with requirement\n\n  (1) A person commits an offence if:\n    (a) the person has been given a notice under section 30; and\n    (b) the person does not comply with the notice.\n\nPenalty: Imprisonment for 12 months.\n\n  (2) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1).\n\n#### 33 Self‑incrimination not an excuse\n\n  (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.\n  (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:\n    (a) section 28 (false or misleading information given in connection with a UN sanction enforcement law); or\n    (b) section 32 (failure to comply with requirement to give information or document).\n\n#### 34 CEO may copy documents\n\n  If a person gives a document to the CEO of a designated Commonwealth entity under section 30, the CEO:\n    (a) may take and keep a copy of the document; and\n    (b) must return the document to the person within a reasonable time.\n\n#### 35 Further disclosure and use of information and documents\n\n  Disclosure and use of information etc. within entity\n  (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:\n    (a) copy, make a record of or use, any information or document;\n    (b) disclose any information, or give any document, to another officer of that entity.\n  Disclosure outside of entity\n  (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:\n    (a) a Minister of the Commonwealth, a State or a Territory;\n    (b) the CEO of another Commonwealth entity;\n    (c) a State or Territory entity;\n    (d) a foreign government entity;\n    (e) a public international organisation;\n    (f) a person specified in an instrument under subsection (3).\n  (3) The Minister may, by legislative instrument, specify a person for the purposes of paragraph (2)(f).\n  (4) Subsections (1) and (2) apply despite any other law of the Commonwealth, a State or a Territory.\n\n#### 36 Protection from liability\n\n  (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:\n    (a) to any proceedings for contravening any other law because of that conduct; or\n    (b) to civil proceedings for loss, damage or injury of any kind suffered by another person because of that conduct.\n  (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.\n\n#### 37 Retention of records and documents\n\n  (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:\n    (a) if the relevant authorisation was granted—the last day on which an action to which the relevant authorisation relates was done; or\n    (b) if the relevant authorisation was not granted—the day on which the application was made.\n  (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.\n\n> 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.\n\n#### 38 Delegation\n\n  (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:\n    (a) an SES employee or acting SES employee of the entity; or\n    (b) an employee of the entity of equivalent rank to an SES employee.\n  (2) In exercising powers or performing functions delegated under subsection (1), the delegate must comply with any directions of the CEO.\n\n## Part 7—Miscellaneous\n\n#### 38A Effect of certain listings\n\n  (1) In this section:\n\n> listing:\n\n    (a) means one of the following as in force at any time before the commencement of this section:\n    (i) a listing under subsection 15(1) of a person or entity;\n    (ii) a listing under subsection 15(3) of an asset or class of asset; and\n    (b) to avoid doubt, includes a listing given effect by regulation 4 of the previous regulations.\n\n> previous regulations means the Charter of the United Nations (Terrorism and Dealings with Assets) Regulations 2002.\n\n> registered means registered on:\n\n    (a) the Federal Register of Legislation (within the meaning of the Legislation Act 2003); or\n    (b) the Register (within the meaning of the Legislative Instruments Act 2003 as in force before 5 March 2016).\n  (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.\n  (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.\n  (4) The listing is taken, for all purposes, to have been registered at the time.\n  (5) To avoid doubt:\n    (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\n    (b) this section applies in relation to civil and criminal proceedings, including proceedings that are pending or concluded.\n\n#### 39 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":9},{"sectionNumber":"Division 1","sectionType":"division","heading":"Making and effect of regulations","content":"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\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Charter of the United Nations Act 1945.\n\n#### 2 Definitions\n\n  In this Act:\n\n> asset means:\n\n    (a) an asset of any kind or property of any kind, whether tangible or intangible, movable or immovable, however acquired; and\n    (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.\n\n> CEO, in relation to a Commonwealth entity, means the chief executive officer (however described) of that entity.\n\n> Charter of the United Nations means the Charter of the United Nations, done at San Francisco on 26 June 1945 \\[1945\\] ATS 1.\n\n> 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).\n\n> Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> designated Commonwealth entity means a Commonwealth entity that is specified in an instrument under section 2A.\n\n> foreign government entity means:\n\n    (a) the government of a foreign country or of part of a foreign country; or\n    (b) an authority of the government of a foreign country; or\n    (c) an authority of the government of part of a foreign country.\n\n> officer of a Commonwealth entity includes:\n\n    (a) the CEO of the Commonwealth entity; and\n    (b) an employee of the Commonwealth entity; and\n    (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.\n\n> public international organisation has the meaning given by section 70.1 of the Criminal Code.\n\n> State or Territory entity means:\n\n    (a) a State or Territory; or\n    (b) an authority of a State or Territory.\n\n> UN sanction enforcement law means a provision that is specified in an instrument under subsection 2B(1).\n\n#### 2A Meaning of designated Commonwealth entity\n\n  The Minister may, by legislative instrument, specify a Commonwealth entity as a designated Commonwealth entity.\n\n#### 2B Meaning of UN sanction enforcement law\n\n  (1) The Minister may, by legislative instrument, specify a provision of a law of the Commonwealth as a UN sanction enforcement law.\n  (2) The Minister may specify a provision in relation to particular circumstances.\n  (3) The Minister may only specify a provision to the extent that it gives effect to a decision that:\n    (a) the Security Council has made under Chapter VII of the Charter of the United Nations; and\n    (b) Article 25 of the Charter requires Australia to carry out;\n  in so far as that decision requires Australia to apply measures not involving the use of armed force.\n\n> 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.\n\n  (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.\n  (5) A provision ceases to be a UN sanction enforcement law to a particular extent if:\n    (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\n    (b) the provision gave effect to that decision to that extent; and\n    (c) the provision does not give effect to any other decision referred to in subsection (3) to that extent.\n\n#### 3 Extension to external Territories\n\n  This Act extends to every external Territory.\n\n#### 4 Act binds the Crown\n\n  (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.\n  (2) Nothing in this Act renders the Crown in any right liable to be prosecuted for an offence.\n\n## Part 2—Approval of Charter\n\n#### 5 Approval\n\n  The Charter of the United Nations (a copy of which is set out in the Schedule) is approved.\n\n## Part 3—Regulations to Apply Security Council Sanctions\n\n### Division 1—Making and effect of regulations\n\n#### 6 Regulations may apply sanctions\n\n  (1) The Governor‑General may make regulations for and in relation to giving effect to decisions that:\n    (a) the Security Council makes under Chapter VII of the Charter of the United Nations; and\n    (b) Article 25 of the Charter requires Australia to carry out;\n  in so far as those decisions require Australia to apply measures not involving the use of armed force.\n\n> 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.\n\n  (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:\n    (a) proscribing persons or entities;\n    (b) restricting or preventing uses of, dealings with, and making available, assets;\n    (c) restricting or preventing the supply, sale or transfer of goods or services;\n    (d) restricting or preventing the procurement of goods or services;\n    (e) providing for indemnities for acting in compliance or purported compliance with those regulations;\n    (f) providing for compensation for owners of assets;\n    (g) authorising the making of legislative instruments.\n  (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.\n\n#### 7 Regulations may have extra‑territorial effect\n\n  (1) The regulations may be expressed to have extra‑territorial effect.\n  (2) If they are so expressed, they have effect accordingly, and so does Division 2 of this Part.\n\n#### 8 Regulations expire when sanctions resolution ceases to bind Australia\n\n  (1) In so far as the regulations provide for or in relation to giving effect to a particular decision of the Security Council:\n    (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\n    (b) they do not revive, even if Australia again becomes required to carry out the decision.\n  (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.\n\n#### 9 Effect of regulations on earlier Commonwealth Acts and on State and Territory laws\n\n  The regulations have effect despite:\n    (a) an Act enacted before the commencement of this section; or\n    (b) an instrument made under such an Act (including such an instrument made at or after that commencement); or\n    (c) a law of a State or Territory; or\n    (d) an instrument made under such a law; or\n    (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\n    (f) an instrument made under such a provision.\n\n#### 10 Later Acts not to be interpreted as overriding this Part or the regulations\n\n  (1) An Act enacted at or after the commencement of this section is not to be interpreted as:\n    (a) amending or repealing, or otherwise altering the effect or operation of, a provision of this Part or of the regulations; or\n    (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.\n  (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.\n\n#### 11 Other instruments giving effect to Security Council decisions\n\n  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.\n\n### Division 2—Enforcing the regulations\n\n#### 12 Offences\n\n  (1) The regulations may prescribe penalties of not more than 50 penalty units for offences against the regulations.\n  (2) The limitation on penalties in subsection (1) does not prevent the regulations from requiring someone to make a statutory declaration.\n\n#### 13 Injunctions\n\n  (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.\n  (2) An injunction may only be granted on application by the Attorney‑General.\n  (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.\n  (4) A superior court may, if it thinks it desirable, grant an interim injunction pending its determination of an application.\n  (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.\n  (6) A court may discharge or vary an injunction it has granted.\n  (7) The power to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n    (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\n    (b) whether or not the person has previously engaged in such conduct.\n  (8) In this section:\n\n> superior court means the Federal Court of Australia or the Supreme Court of a State or Territory.\n\n#### 13A Invalidation of permission, authorisations etc.\n\n  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:\n    (a) is false or misleading in a material particular; or\n    (b) omits any matter or thing without which the information or document is misleading in a material particular.\n\n## Part 4—Security Council decisions that relate to terrorism and dealings with assets\n\n#### 14 Definitions\n\n  In this Part:\n\n> freezable asset means an asset that:\n\n    (a) is owned or controlled by a proscribed person or entity; or\n    (b) is a listed asset; or\n    (c) is derived or generated from assets mentioned in paragraph (a) or (b).\n\n> listed asset means an asset listed by the Minister under section 15.\n\n> proscribed person or entity means:\n\n    (a) a person or entity listed by the Minister under section 15; or\n    (b) a person or entity proscribed by regulation under section 18.\n\n> superior court means the Federal Court of Australia or the Supreme Court of a State or Territory.\n\n#### 15 Listing persons, entities and assets\n\n  (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.\n  (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).\n  (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.\n  (4) The Governor‑General may make regulations prescribing the matters of which the Minister must be satisfied before listing an asset under subsection (3).\n  (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:\n    (a) the Security Council has made under Chapter VII of the Charter of the United Nations; and\n    (b) Article 25 of the Charter requires Australia to carry out; and\n    (c) relates to terrorism and dealings with assets.\n\n#### 15A Duration of listing\n\n  (1) A listing under section 15 ceases to have effect on:\n    (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\n    (b) otherwise—the third anniversary of the making of the most recent declaration under subsection (2) in relation to the listing.\n  (2) The Minister may declare, in writing, that a specified listing under section 15 continues to have effect.\n  (3) The Minister must not:\n    (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\n    (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).\n  (4) The regulations may prescribe a form for a declaration under subsection (2).\n  (5) A declaration made under subsection (2) is not a legislative instrument.\n  (6) To avoid doubt, subsection (1) does not prevent:\n    (a) the revocation, under section 16, of a listing; or\n    (b) the revocation of a listing by operation of section 19; or\n    (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)).\n\n#### 16 Minister may revoke the listing\n\n  (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:\n    (a) the Security Council has made under Chapter VII of the Charter of the United Nations; and\n    (b) Article 25 of the Charter requires Australia to carry out; and\n    (c) relates to terrorism and dealings with assets.\n  (2) The Minister may revoke the listing either at the Minister’s own instigation or on application by the listed person or entity.\n\n#### 17 Listed person or entity may apply to have the listing revoked\n\n  (1) A listed person or entity may apply to the Minister to have the listing revoked.\n  (2) The application must:\n    (a) be in writing; and\n    (b) set out the circumstances relied upon to justify the application.\n  (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.\n\n#### 18 Proscription by regulation\n\n  (1) The Governor‑General may make regulations proscribing persons or entities under this section.\n  (2) A person or entity must not be proscribed under subsection (1) unless the proscription would give effect to a decision:\n    (a) that the Security Council has made under Chapter VII of the Charter of the United Nations; and\n    (b) that Article 25 of the Charter requires Australia to carry out; and\n    (c) that relates to terrorism and dealings with assets; and\n    (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.\n  (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.\n\n#### 19 Effect of resolution ceasing to bind Australia\n\n  (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.\n  (2) In so far as regulations proscribing a person or entity under section 18 give effect to a particular decision of the Security Council:\n    (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\n    (b) they do not revive, even if Australia again becomes required to carry out the decision.\n  (3) However, to avoid doubt, nothing in this section prevents:\n    (aa) a listing ceasing to have effect under section 15A; or\n    (a) the revocation, under section 16, of a listing; or\n    (b) the repeal of regulations; or\n    (c) the making of regulations that are the same in substance as regulations that have ceased to have effect because of this section.\n\n#### 20 Offence—dealing with freezable assets\n\n  Offence for individuals\n  (1) An individual commits an offence if:\n    (a) the individual holds an asset; and\n    (b) the individual:\n    (i) uses or deals with the asset; or\n    (ii) allows the asset to be used or dealt with; or\n    (iii) facilitates the use of the asset or dealing with the asset; and\n    (c) the asset is a freezable asset; and\n    (d) the use or dealing is not in accordance with a notice under section 22.\n  (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.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (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.\n\n> Note: The individual bears a legal burden in relation to a matter in subsection (3) (see section 13.4 of the Criminal Code).\n\n  Penalty for individuals\n  (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.\n  (3B) For the purposes of subsection (3A), the amount is:\n    (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following:\n    (i) 3 times the value of the transaction or transactions;\n    (ii) 2,500 penalty units; or\n    (b) otherwise—2,500 penalty units.\n  Offence for bodies corporate\n  (3C) A body corporate commits an offence if:\n    (a) the body corporate holds an asset; and\n    (b) the body corporate:\n    (i) uses or deals with the asset; or\n    (ii) allows the asset to be used or dealt with; or\n    (iii) facilitates the use of the asset or dealing with the asset; and\n    (c) the asset is a freezable asset; and\n    (d) the use or dealing is not in accordance with a notice under section 22.\n  (3D) An offence under subsection (3C) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3E) It is a defence if the body corporate proves that:\n    (a) the use or dealing was solely for the purpose of preserving the value of the asset; or\n    (b) the body corporate took reasonable precautions, and exercised due diligence, to avoid contravening subsection (3C).\n\n> Note: The body corporate bears a legal burden in relation to a matter in subsection (3E) (see section 13.4 of the Criminal Code).\n\n  Penalty for bodies corporate\n  (3F) An offence under subsection (3C) is punishable on conviction by a fine not exceeding:\n    (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following:\n    (i) 3 times the value of the transaction or transactions;\n    (ii) 10,000 penalty units; or\n    (b) otherwise—10,000 penalty units.\n  (4) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1) or (3C).\n\n#### 21 Offence—giving an asset to a proscribed person or entity\n\n  Offence for individuals\n  (1) An individual commits an offence if:\n    (a) the individual, directly or indirectly, makes an asset available to a person or entity; and\n    (b) the person or entity to whom the asset is made available is a proscribed person or entity; and\n    (c) the making available of the asset is not in accordance with a notice under section 22.\n  (2) Strict liability applies to the circumstance that the making available of the asset is not in accordance with a notice under section 22.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  Penalty for individuals\n  (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.\n  (2B) For the purposes of subsection (2A), the amount is:\n    (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following:\n    (i) 3 times the value of the transaction or transactions;\n    (ii) 2,500 penalty units; or\n    (b) otherwise—2,500 penalty units.\n  Offence for bodies corporate\n  (2C) A body corporate commits an offence if:\n    (a) the body corporate, directly or indirectly, makes an asset available to a person or entity; and\n    (b) the person or entity to whom the asset is made available is a proscribed person or entity; and\n    (c) the making available of the asset is not in accordance with a notice under section 22.\n  (2D) An offence under subsection (2C) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (2E) It is a defence if the body corporate proves that it took reasonable precautions, and exercised due diligence, to avoid contravening subsection (2C).\n\n> Note: The body corporate bears a legal burden in relation to a matter in subsection (2E) (see section 13.4 of the Criminal Code).\n\n  Penalty for bodies corporate\n  (2F) An offence under subsection (2C) is punishable on conviction by a fine not exceeding:\n    (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following:\n    (i) 3 times the value of the transaction or transactions;\n    (ii) 10,000 penalty units; or\n    (b) otherwise—10,000 penalty units.\n  (3) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1) or (2C).\n\n#### 22 Authorised dealings\n\n  (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.\n  (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.\n  (3) The Minister may, by written notice:\n    (a) permit a freezable asset specified in the notice to be used or dealt with in a specified way; or\n    (b) permit an asset specified in the notice to be made available to a proscribed person or entity specified in the notice.\n  (3A) The Minister may issue such a notice on his or her own initiative or upon application under subsection (1) or (2).\n  (4) The notice may be subject to conditions.\n  (5) The notice must be given to the owner or holder of the asset as soon as practicable after it is made.\n  (6) The Minister may delegate the Minister’s powers and functions under this section to:\n    (a) the Secretary of the Department; or\n    (b) an SES employee, or acting SES employee, in the Department.\n  The delegation must be in writing.\n  (7) The delegate must comply with any directions of the Minister in exercising powers or functions under the delegation.\n\n#### 22A Regulations on procedures relating to freezable assets\n\n  (1) The Governor‑General may make regulations relating to procedures relating to assets that are, may be or may become freezable assets.\n  (2) The regulations may provide for procedures relating to information (including personal information) relating to such assets in circumstances involving:\n    (a) a listing, or proposed listing, of a person, entity, asset or class of asset under section 15; or\n    (b) a question whether an asset is or may become a freezable asset; or\n    (c) an application for, or grant of, permission under section 22.\n  (3) Subsection (2) does not limit subsection (1).\n\n#### 22B Invalidation of notice for false or misleading information\n\n  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:\n    (a) is false or misleading in a material particular; or\n    (b) omits any matter or thing without which the information or document is misleading in a material particular.\n\n#### 23 Part prevails over conflicting legal obligations\n\n  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.\n\n#### 24 Indemnity for holder of assets\n\n  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.\n\n#### 25 Compensation for persons wrongly affected\n\n  If:\n    (a) the owner or controller of an asset instructs a person holding the asset to use or deal with it; and\n    (b) the holder refuses to comply with the instruction; and\n    (c) the refusal was in good faith, and without negligence, in purported compliance with this Part; and\n    (d) the asset was not a freezable asset; and\n    (e) the owner of the asset suffered loss as a result of the refusal;\n  the owner of the asset is entitled to be compensated by the Commonwealth for that loss.\n\n#### 26 Injunctions\n\n  (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.\n  (2) An injunction may only be granted on application by the Attorney‑General.\n  (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.\n  (4) A superior court may, if it thinks it desirable, grant an interim injunction pending its determination of an application.\n  (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.\n  (6) A court may discharge or vary an injunction it has granted.\n  (7) The power to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n    (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\n    (b) whether or not the person has previously engaged in such conduct.\n\n## Part 5—Offences relating to UN sanctions\n\n#### 27 Offence—Contravening a UN sanction enforcement law\n\n  Individuals\n  (1) An individual commits an offence if:\n    (a) the individual engages in conduct; and\n    (b) the conduct contravenes a UN sanction enforcement law.\n  (2) An individual commits an offence if:\n    (a) the individual engages in conduct; and\n    (b) the conduct contravenes a condition of a licence, permission, consent, authorisation or approval (however described) under a UN sanction enforcement law.\n  (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.\n  (4) For the purposes of subsection (3), the amount is:\n    (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following:\n    (i) 3 times the value of the transaction or transactions;\n    (ii) 2,500 penalty units; or\n    (b) otherwise—2,500 penalty units.\n  Bodies corporate\n  (5) A body corporate commits an offence if:\n    (a) the body corporate engages in conduct; and\n    (b) the conduct contravenes a UN sanction enforcement law.\n  (6) A body corporate commits an offence if:\n    (a) the body corporate engages in conduct; and\n    (b) the conduct contravenes a condition of a licence, permission, consent, authorisation or approval (however described) under a UN sanction enforcement law.\n  (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.\n\n> Note: The body corporate bears a legal burden in relation to a matter in subsection (7) (see section 13.4 of the Criminal Code).\n\n  (8) An offence under subsection (5) or (6) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (9) An offence under subsection (5) or (6) is punishable on conviction by a fine not exceeding:\n    (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following:\n    (i) 3 times the value of the transaction or transactions;\n    (ii) 10,000 penalty units; or\n    (b) otherwise—10,000 penalty units.\n  Definitions\n  (10) In this section:\n\n> engage in conduct means:\n\n    (a) do an act; or\n    (b) omit to perform an act.\n\n#### 28 Offence—False or misleading information given in connection with a UN sanction enforcement law\n\n  (1) A person commits an offence if:\n    (a) the person gives information or a document to a Commonwealth entity; and\n    (b) the information or document is given in connection with the administration of a UN sanction enforcement law; and\n    (c) the information or document:\n    (i) is false or misleading; or\n    (ii) omits any matter or thing without which the information or document is misleading.\n\nPenalty: Imprisonment for 10 years or 2,500 penalty units, or both.\n\n  (2) A person (the first person) commits an offence if:\n    (a) the first person gives information or a document to another person; and\n    (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\n    (c) the information or document:\n    (i) is false or misleading; or\n    (ii) omits any matter or thing without which the information or document is misleading.\n\nPenalty: Imprisonment for 10 years or 2,500 penalty units, or both.\n\n  (3) Subsection (1) or (2) does not apply:\n    (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\n    (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.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n  Geographical application of offences\n  (4) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1) or (2).\n\n## Part 6—Information relating to UN sanctions\n\n#### 29 CEO of Commonwealth entity may give information or document\n\n  (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.\n  (2) Subsection (1) applies despite any other law of the Commonwealth, a State or a Territory.\n\n#### 30 Power to require information or documents to be given\n\n  (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:\n    (a) to give the CEO information of the kind, by the time and in any manner or form, specified in the notice;\n    (b) to give the CEO documents of the kind, by the time and in any manner, specified in the notice.\n  (2) The person must comply with the notice despite any other law of the Commonwealth, a State or a Territory.\n  (3) The time specified in the notice must be reasonable, having regard to all the circumstances.\n  (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.\n  (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.\n  (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).\n\n> Note: Subsection 33(3) of the Acts Interpretation Act 1901 deals with revocation and variation etc. of instruments.\n\n  (7) Subsection (1) does not apply if:\n    (a) the person is the Commonwealth or a Commonwealth entity; or\n    (b) the person:\n    (i) is, or has at any time been, an officer of a Commonwealth entity; and\n    (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.\n\n#### 31 Information may be required to be given on oath\n\n  (1) The CEO may require the information to be verified by, or given on, oath or affirmation.\n  (2) The oath or affirmation is an oath or affirmation that the information is true.\n\n#### 32 Offence for failure to comply with requirement\n\n  (1) A person commits an offence if:\n    (a) the person has been given a notice under section 30; and\n    (b) the person does not comply with the notice.\n\nPenalty: Imprisonment for 12 months.\n\n  (2) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1).\n\n#### 33 Self‑incrimination not an excuse\n\n  (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.\n  (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:\n    (a) section 28 (false or misleading information given in connection with a UN sanction enforcement law); or\n    (b) section 32 (failure to comply with requirement to give information or document).\n\n#### 34 CEO may copy documents\n\n  If a person gives a document to the CEO of a designated Commonwealth entity under section 30, the CEO:\n    (a) may take and keep a copy of the document; and\n    (b) must return the document to the person within a reasonable time.\n\n#### 35 Further disclosure and use of information and documents\n\n  Disclosure and use of information etc. within entity\n  (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:\n    (a) copy, make a record of or use, any information or document;\n    (b) disclose any information, or give any document, to another officer of that entity.\n  Disclosure outside of entity\n  (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:\n    (a) a Minister of the Commonwealth, a State or a Territory;\n    (b) the CEO of another Commonwealth entity;\n    (c) a State or Territory entity;\n    (d) a foreign government entity;\n    (e) a public international organisation;\n    (f) a person specified in an instrument under subsection (3).\n  (3) The Minister may, by legislative instrument, specify a person for the purposes of paragraph (2)(f).\n  (4) Subsections (1) and (2) apply despite any other law of the Commonwealth, a State or a Territory.\n\n#### 36 Protection from liability\n\n  (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:\n    (a) to any proceedings for contravening any other law because of that conduct; or\n    (b) to civil proceedings for loss, damage or injury of any kind suffered by another person because of that conduct.\n  (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.\n\n#### 37 Retention of records and documents\n\n  (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:\n    (a) if the relevant authorisation was granted—the last day on which an action to which the relevant authorisation relates was done; or\n    (b) if the relevant authorisation was not granted—the day on which the application was made.\n  (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.\n\n> 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.\n\n#### 38 Delegation\n\n  (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:\n    (a) an SES employee or acting SES employee of the entity; or\n    (b) an employee of the entity of equivalent rank to an SES employee.\n  (2) In exercising powers or performing functions delegated under subsection (1), the delegate must comply with any directions of the CEO.\n\n## Part 7—Miscellaneous\n\n#### 38A Effect of certain listings\n\n  (1) In this section:\n\n> listing:\n\n    (a) means one of the following as in force at any time before the commencement of this section:\n    (i) a listing under subsection 15(1) of a person or entity;\n    (ii) a listing under subsection 15(3) of an asset or class of asset; and\n    (b) to avoid doubt, includes a listing given effect by regulation 4 of the previous regulations.\n\n> previous regulations means the Charter of the United Nations (Terrorism and Dealings with Assets) Regulations 2002.\n\n> registered means registered on:\n\n    (a) the Federal Register of Legislation (within the meaning of the Legislation Act 2003); or\n    (b) the Register (within the meaning of the Legislative Instruments Act 2003 as in force before 5 March 2016).\n  (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.\n  (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.\n  (4) The listing is taken, for all purposes, to have been registered at the time.\n  (5) To avoid doubt:\n    (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\n    (b) this section applies in relation to civil and criminal proceedings, including proceedings that are pending or concluded.\n\n#### 39 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":10},{"sectionNumber":"6","sectionType":"section","heading":"Regulations may apply sanctions","content":"#### 6 Regulations may apply sanctions\n\n  (1) The Governor‑General may make regulations for and in relation to giving effect to decisions that:\n    (a) the Security Council makes under Chapter VII of the Charter of the United Nations; and\n    (b) Article 25 of the Charter requires Australia to carry out;\n  in so far as those decisions require Australia to apply measures not involving the use of armed force.\n\n> 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.\n\n  (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:\n    (a) proscribing persons or entities;\n    (b) restricting or preventing uses of, dealings with, and making available, assets;\n    (c) restricting or preventing the supply, sale or transfer of goods or services;\n    (d) restricting or preventing the procurement of goods or services;\n    (e) providing for indemnities for acting in compliance or purported compliance with those regulations;\n    (f) providing for compensation for owners of assets;\n    (g) authorising the making of legislative instruments.\n  (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.","sortOrder":11},{"sectionNumber":"7","sectionType":"section","heading":"Regulations may have extra‑territorial effect","content":"#### 7 Regulations may have extra‑territorial effect\n\n  (1) The regulations may be expressed to have extra‑territorial effect.\n  (2) If they are so expressed, they have effect accordingly, and so does Division 2 of this Part.","sortOrder":12},{"sectionNumber":"8","sectionType":"section","heading":"Regulations expire when sanctions resolution ceases to bind Australia","content":"#### 8 Regulations expire when sanctions resolution ceases to bind Australia\n\n  (1) In so far as the regulations provide for or in relation to giving effect to a particular decision of the Security Council:\n    (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\n    (b) they do not revive, even if Australia again becomes required to carry out the decision.\n  (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.","sortOrder":13},{"sectionNumber":"9","sectionType":"section","heading":"Effect of regulations on earlier Commonwealth Acts and on State and Territory laws","content":"#### 9 Effect of regulations on earlier Commonwealth Acts and on State and Territory laws\n\n  The regulations have effect despite:\n    (a) an Act enacted before the commencement of this section; or\n    (b) an instrument made under such an Act (including such an instrument made at or after that commencement); or\n    (c) a law of a State or Territory; or\n    (d) an instrument made under such a law; or\n    (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\n    (f) an instrument made under such a provision.","sortOrder":14},{"sectionNumber":"10","sectionType":"section","heading":"Later Acts not to be interpreted as overriding this Part or the regulations","content":"#### 10 Later Acts not to be interpreted as overriding this Part or the regulations\n\n  (1) An Act enacted at or after the commencement of this section is not to be interpreted as:\n    (a) amending or repealing, or otherwise altering the effect or operation of, a provision of this Part or of the regulations; or\n    (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.\n  (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.","sortOrder":15},{"sectionNumber":"11","sectionType":"section","heading":"Other instruments giving effect to Security Council decisions","content":"#### 11 Other instruments giving effect to Security Council decisions\n\n  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.","sortOrder":16},{"sectionNumber":"Division 2","sectionType":"division","heading":"Enforcing the regulations","content":"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\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Charter of the United Nations Act 1945.\n\n#### 2 Definitions\n\n  In this Act:\n\n> asset means:\n\n    (a) an asset of any kind or property of any kind, whether tangible or intangible, movable or immovable, however acquired; and\n    (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.\n\n> CEO, in relation to a Commonwealth entity, means the chief executive officer (however described) of that entity.\n\n> Charter of the United Nations means the Charter of the United Nations, done at San Francisco on 26 June 1945 \\[1945\\] ATS 1.\n\n> 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).\n\n> Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> designated Commonwealth entity means a Commonwealth entity that is specified in an instrument under section 2A.\n\n> foreign government entity means:\n\n    (a) the government of a foreign country or of part of a foreign country; or\n    (b) an authority of the government of a foreign country; or\n    (c) an authority of the government of part of a foreign country.\n\n> officer of a Commonwealth entity includes:\n\n    (a) the CEO of the Commonwealth entity; and\n    (b) an employee of the Commonwealth entity; and\n    (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.\n\n> public international organisation has the meaning given by section 70.1 of the Criminal Code.\n\n> State or Territory entity means:\n\n    (a) a State or Territory; or\n    (b) an authority of a State or Territory.\n\n> UN sanction enforcement law means a provision that is specified in an instrument under subsection 2B(1).\n\n#### 2A Meaning of designated Commonwealth entity\n\n  The Minister may, by legislative instrument, specify a Commonwealth entity as a designated Commonwealth entity.\n\n#### 2B Meaning of UN sanction enforcement law\n\n  (1) The Minister may, by legislative instrument, specify a provision of a law of the Commonwealth as a UN sanction enforcement law.\n  (2) The Minister may specify a provision in relation to particular circumstances.\n  (3) The Minister may only specify a provision to the extent that it gives effect to a decision that:\n    (a) the Security Council has made under Chapter VII of the Charter of the United Nations; and\n    (b) Article 25 of the Charter requires Australia to carry out;\n  in so far as that decision requires Australia to apply measures not involving the use of armed force.\n\n> 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.\n\n  (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.\n  (5) A provision ceases to be a UN sanction enforcement law to a particular extent if:\n    (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\n    (b) the provision gave effect to that decision to that extent; and\n    (c) the provision does not give effect to any other decision referred to in subsection (3) to that extent.\n\n#### 3 Extension to external Territories\n\n  This Act extends to every external Territory.\n\n#### 4 Act binds the Crown\n\n  (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.\n  (2) Nothing in this Act renders the Crown in any right liable to be prosecuted for an offence.\n\n## Part 2—Approval of Charter\n\n#### 5 Approval\n\n  The Charter of the United Nations (a copy of which is set out in the Schedule) is approved.\n\n## Part 3—Regulations to Apply Security Council Sanctions\n\n### Division 1—Making and effect of regulations\n\n#### 6 Regulations may apply sanctions\n\n  (1) The Governor‑General may make regulations for and in relation to giving effect to decisions that:\n    (a) the Security Council makes under Chapter VII of the Charter of the United Nations; and\n    (b) Article 25 of the Charter requires Australia to carry out;\n  in so far as those decisions require Australia to apply measures not involving the use of armed force.\n\n> 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.\n\n  (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:\n    (a) proscribing persons or entities;\n    (b) restricting or preventing uses of, dealings with, and making available, assets;\n    (c) restricting or preventing the supply, sale or transfer of goods or services;\n    (d) restricting or preventing the procurement of goods or services;\n    (e) providing for indemnities for acting in compliance or purported compliance with those regulations;\n    (f) providing for compensation for owners of assets;\n    (g) authorising the making of legislative instruments.\n  (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.\n\n#### 7 Regulations may have extra‑territorial effect\n\n  (1) The regulations may be expressed to have extra‑territorial effect.\n  (2) If they are so expressed, they have effect accordingly, and so does Division 2 of this Part.\n\n#### 8 Regulations expire when sanctions resolution ceases to bind Australia\n\n  (1) In so far as the regulations provide for or in relation to giving effect to a particular decision of the Security Council:\n    (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\n    (b) they do not revive, even if Australia again becomes required to carry out the decision.\n  (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.\n\n#### 9 Effect of regulations on earlier Commonwealth Acts and on State and Territory laws\n\n  The regulations have effect despite:\n    (a) an Act enacted before the commencement of this section; or\n    (b) an instrument made under such an Act (including such an instrument made at or after that commencement); or\n    (c) a law of a State or Territory; or\n    (d) an instrument made under such a law; or\n    (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\n    (f) an instrument made under such a provision.\n\n#### 10 Later Acts not to be interpreted as overriding this Part or the regulations\n\n  (1) An Act enacted at or after the commencement of this section is not to be interpreted as:\n    (a) amending or repealing, or otherwise altering the effect or operation of, a provision of this Part or of the regulations; or\n    (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.\n  (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.\n\n#### 11 Other instruments giving effect to Security Council decisions\n\n  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.\n\n### Division 2—Enforcing the regulations\n\n#### 12 Offences\n\n  (1) The regulations may prescribe penalties of not more than 50 penalty units for offences against the regulations.\n  (2) The limitation on penalties in subsection (1) does not prevent the regulations from requiring someone to make a statutory declaration.\n\n#### 13 Injunctions\n\n  (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.\n  (2) An injunction may only be granted on application by the Attorney‑General.\n  (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.\n  (4) A superior court may, if it thinks it desirable, grant an interim injunction pending its determination of an application.\n  (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.\n  (6) A court may discharge or vary an injunction it has granted.\n  (7) The power to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n    (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\n    (b) whether or not the person has previously engaged in such conduct.\n  (8) In this section:\n\n> superior court means the Federal Court of Australia or the Supreme Court of a State or Territory.\n\n#### 13A Invalidation of permission, authorisations etc.\n\n  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:\n    (a) is false or misleading in a material particular; or\n    (b) omits any matter or thing without which the information or document is misleading in a material particular.\n\n## Part 4—Security Council decisions that relate to terrorism and dealings with assets\n\n#### 14 Definitions\n\n  In this Part:\n\n> freezable asset means an asset that:\n\n    (a) is owned or controlled by a proscribed person or entity; or\n    (b) is a listed asset; or\n    (c) is derived or generated from assets mentioned in paragraph (a) or (b).\n\n> listed asset means an asset listed by the Minister under section 15.\n\n> proscribed person or entity means:\n\n    (a) a person or entity listed by the Minister under section 15; or\n    (b) a person or entity proscribed by regulation under section 18.\n\n> superior court means the Federal Court of Australia or the Supreme Court of a State or Territory.\n\n#### 15 Listing persons, entities and assets\n\n  (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.\n  (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).\n  (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.\n  (4) The Governor‑General may make regulations prescribing the matters of which the Minister must be satisfied before listing an asset under subsection (3).\n  (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:\n    (a) the Security Council has made under Chapter VII of the Charter of the United Nations; and\n    (b) Article 25 of the Charter requires Australia to carry out; and\n    (c) relates to terrorism and dealings with assets.\n\n#### 15A Duration of listing\n\n  (1) A listing under section 15 ceases to have effect on:\n    (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\n    (b) otherwise—the third anniversary of the making of the most recent declaration under subsection (2) in relation to the listing.\n  (2) The Minister may declare, in writing, that a specified listing under section 15 continues to have effect.\n  (3) The Minister must not:\n    (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\n    (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).\n  (4) The regulations may prescribe a form for a declaration under subsection (2).\n  (5) A declaration made under subsection (2) is not a legislative instrument.\n  (6) To avoid doubt, subsection (1) does not prevent:\n    (a) the revocation, under section 16, of a listing; or\n    (b) the revocation of a listing by operation of section 19; or\n    (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)).\n\n#### 16 Minister may revoke the listing\n\n  (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:\n    (a) the Security Council has made under Chapter VII of the Charter of the United Nations; and\n    (b) Article 25 of the Charter requires Australia to carry out; and\n    (c) relates to terrorism and dealings with assets.\n  (2) The Minister may revoke the listing either at the Minister’s own instigation or on application by the listed person or entity.\n\n#### 17 Listed person or entity may apply to have the listing revoked\n\n  (1) A listed person or entity may apply to the Minister to have the listing revoked.\n  (2) The application must:\n    (a) be in writing; and\n    (b) set out the circumstances relied upon to justify the application.\n  (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.\n\n#### 18 Proscription by regulation\n\n  (1) The Governor‑General may make regulations proscribing persons or entities under this section.\n  (2) A person or entity must not be proscribed under subsection (1) unless the proscription would give effect to a decision:\n    (a) that the Security Council has made under Chapter VII of the Charter of the United Nations; and\n    (b) that Article 25 of the Charter requires Australia to carry out; and\n    (c) that relates to terrorism and dealings with assets; and\n    (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.\n  (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.\n\n#### 19 Effect of resolution ceasing to bind Australia\n\n  (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.\n  (2) In so far as regulations proscribing a person or entity under section 18 give effect to a particular decision of the Security Council:\n    (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\n    (b) they do not revive, even if Australia again becomes required to carry out the decision.\n  (3) However, to avoid doubt, nothing in this section prevents:\n    (aa) a listing ceasing to have effect under section 15A; or\n    (a) the revocation, under section 16, of a listing; or\n    (b) the repeal of regulations; or\n    (c) the making of regulations that are the same in substance as regulations that have ceased to have effect because of this section.\n\n#### 20 Offence—dealing with freezable assets\n\n  Offence for individuals\n  (1) An individual commits an offence if:\n    (a) the individual holds an asset; and\n    (b) the individual:\n    (i) uses or deals with the asset; or\n    (ii) allows the asset to be used or dealt with; or\n    (iii) facilitates the use of the asset or dealing with the asset; and\n    (c) the asset is a freezable asset; and\n    (d) the use or dealing is not in accordance with a notice under section 22.\n  (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.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (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.\n\n> Note: The individual bears a legal burden in relation to a matter in subsection (3) (see section 13.4 of the Criminal Code).\n\n  Penalty for individuals\n  (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.\n  (3B) For the purposes of subsection (3A), the amount is:\n    (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following:\n    (i) 3 times the value of the transaction or transactions;\n    (ii) 2,500 penalty units; or\n    (b) otherwise—2,500 penalty units.\n  Offence for bodies corporate\n  (3C) A body corporate commits an offence if:\n    (a) the body corporate holds an asset; and\n    (b) the body corporate:\n    (i) uses or deals with the asset; or\n    (ii) allows the asset to be used or dealt with; or\n    (iii) facilitates the use of the asset or dealing with the asset; and\n    (c) the asset is a freezable asset; and\n    (d) the use or dealing is not in accordance with a notice under section 22.\n  (3D) An offence under subsection (3C) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3E) It is a defence if the body corporate proves that:\n    (a) the use or dealing was solely for the purpose of preserving the value of the asset; or\n    (b) the body corporate took reasonable precautions, and exercised due diligence, to avoid contravening subsection (3C).\n\n> Note: The body corporate bears a legal burden in relation to a matter in subsection (3E) (see section 13.4 of the Criminal Code).\n\n  Penalty for bodies corporate\n  (3F) An offence under subsection (3C) is punishable on conviction by a fine not exceeding:\n    (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following:\n    (i) 3 times the value of the transaction or transactions;\n    (ii) 10,000 penalty units; or\n    (b) otherwise—10,000 penalty units.\n  (4) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1) or (3C).\n\n#### 21 Offence—giving an asset to a proscribed person or entity\n\n  Offence for individuals\n  (1) An individual commits an offence if:\n    (a) the individual, directly or indirectly, makes an asset available to a person or entity; and\n    (b) the person or entity to whom the asset is made available is a proscribed person or entity; and\n    (c) the making available of the asset is not in accordance with a notice under section 22.\n  (2) Strict liability applies to the circumstance that the making available of the asset is not in accordance with a notice under section 22.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  Penalty for individuals\n  (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.\n  (2B) For the purposes of subsection (2A), the amount is:\n    (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following:\n    (i) 3 times the value of the transaction or transactions;\n    (ii) 2,500 penalty units; or\n    (b) otherwise—2,500 penalty units.\n  Offence for bodies corporate\n  (2C) A body corporate commits an offence if:\n    (a) the body corporate, directly or indirectly, makes an asset available to a person or entity; and\n    (b) the person or entity to whom the asset is made available is a proscribed person or entity; and\n    (c) the making available of the asset is not in accordance with a notice under section 22.\n  (2D) An offence under subsection (2C) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (2E) It is a defence if the body corporate proves that it took reasonable precautions, and exercised due diligence, to avoid contravening subsection (2C).\n\n> Note: The body corporate bears a legal burden in relation to a matter in subsection (2E) (see section 13.4 of the Criminal Code).\n\n  Penalty for bodies corporate\n  (2F) An offence under subsection (2C) is punishable on conviction by a fine not exceeding:\n    (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following:\n    (i) 3 times the value of the transaction or transactions;\n    (ii) 10,000 penalty units; or\n    (b) otherwise—10,000 penalty units.\n  (3) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1) or (2C).\n\n#### 22 Authorised dealings\n\n  (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.\n  (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.\n  (3) The Minister may, by written notice:\n    (a) permit a freezable asset specified in the notice to be used or dealt with in a specified way; or\n    (b) permit an asset specified in the notice to be made available to a proscribed person or entity specified in the notice.\n  (3A) The Minister may issue such a notice on his or her own initiative or upon application under subsection (1) or (2).\n  (4) The notice may be subject to conditions.\n  (5) The notice must be given to the owner or holder of the asset as soon as practicable after it is made.\n  (6) The Minister may delegate the Minister’s powers and functions under this section to:\n    (a) the Secretary of the Department; or\n    (b) an SES employee, or acting SES employee, in the Department.\n  The delegation must be in writing.\n  (7) The delegate must comply with any directions of the Minister in exercising powers or functions under the delegation.\n\n#### 22A Regulations on procedures relating to freezable assets\n\n  (1) The Governor‑General may make regulations relating to procedures relating to assets that are, may be or may become freezable assets.\n  (2) The regulations may provide for procedures relating to information (including personal information) relating to such assets in circumstances involving:\n    (a) a listing, or proposed listing, of a person, entity, asset or class of asset under section 15; or\n    (b) a question whether an asset is or may become a freezable asset; or\n    (c) an application for, or grant of, permission under section 22.\n  (3) Subsection (2) does not limit subsection (1).\n\n#### 22B Invalidation of notice for false or misleading information\n\n  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:\n    (a) is false or misleading in a material particular; or\n    (b) omits any matter or thing without which the information or document is misleading in a material particular.\n\n#### 23 Part prevails over conflicting legal obligations\n\n  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.\n\n#### 24 Indemnity for holder of assets\n\n  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.\n\n#### 25 Compensation for persons wrongly affected\n\n  If:\n    (a) the owner or controller of an asset instructs a person holding the asset to use or deal with it; and\n    (b) the holder refuses to comply with the instruction; and\n    (c) the refusal was in good faith, and without negligence, in purported compliance with this Part; and\n    (d) the asset was not a freezable asset; and\n    (e) the owner of the asset suffered loss as a result of the refusal;\n  the owner of the asset is entitled to be compensated by the Commonwealth for that loss.\n\n#### 26 Injunctions\n\n  (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.\n  (2) An injunction may only be granted on application by the Attorney‑General.\n  (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.\n  (4) A superior court may, if it thinks it desirable, grant an interim injunction pending its determination of an application.\n  (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.\n  (6) A court may discharge or vary an injunction it has granted.\n  (7) The power to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n    (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\n    (b) whether or not the person has previously engaged in such conduct.\n\n## Part 5—Offences relating to UN sanctions\n\n#### 27 Offence—Contravening a UN sanction enforcement law\n\n  Individuals\n  (1) An individual commits an offence if:\n    (a) the individual engages in conduct; and\n    (b) the conduct contravenes a UN sanction enforcement law.\n  (2) An individual commits an offence if:\n    (a) the individual engages in conduct; and\n    (b) the conduct contravenes a condition of a licence, permission, consent, authorisation or approval (however described) under a UN sanction enforcement law.\n  (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.\n  (4) For the purposes of subsection (3), the amount is:\n    (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following:\n    (i) 3 times the value of the transaction or transactions;\n    (ii) 2,500 penalty units; or\n    (b) otherwise—2,500 penalty units.\n  Bodies corporate\n  (5) A body corporate commits an offence if:\n    (a) the body corporate engages in conduct; and\n    (b) the conduct contravenes a UN sanction enforcement law.\n  (6) A body corporate commits an offence if:\n    (a) the body corporate engages in conduct; and\n    (b) the conduct contravenes a condition of a licence, permission, consent, authorisation or approval (however described) under a UN sanction enforcement law.\n  (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.\n\n> Note: The body corporate bears a legal burden in relation to a matter in subsection (7) (see section 13.4 of the Criminal Code).\n\n  (8) An offence under subsection (5) or (6) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (9) An offence under subsection (5) or (6) is punishable on conviction by a fine not exceeding:\n    (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following:\n    (i) 3 times the value of the transaction or transactions;\n    (ii) 10,000 penalty units; or\n    (b) otherwise—10,000 penalty units.\n  Definitions\n  (10) In this section:\n\n> engage in conduct means:\n\n    (a) do an act; or\n    (b) omit to perform an act.\n\n#### 28 Offence—False or misleading information given in connection with a UN sanction enforcement law\n\n  (1) A person commits an offence if:\n    (a) the person gives information or a document to a Commonwealth entity; and\n    (b) the information or document is given in connection with the administration of a UN sanction enforcement law; and\n    (c) the information or document:\n    (i) is false or misleading; or\n    (ii) omits any matter or thing without which the information or document is misleading.\n\nPenalty: Imprisonment for 10 years or 2,500 penalty units, or both.\n\n  (2) A person (the first person) commits an offence if:\n    (a) the first person gives information or a document to another person; and\n    (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\n    (c) the information or document:\n    (i) is false or misleading; or\n    (ii) omits any matter or thing without which the information or document is misleading.\n\nPenalty: Imprisonment for 10 years or 2,500 penalty units, or both.\n\n  (3) Subsection (1) or (2) does not apply:\n    (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\n    (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.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n  Geographical application of offences\n  (4) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1) or (2).\n\n## Part 6—Information relating to UN sanctions\n\n#### 29 CEO of Commonwealth entity may give information or document\n\n  (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.\n  (2) Subsection (1) applies despite any other law of the Commonwealth, a State or a Territory.\n\n#### 30 Power to require information or documents to be given\n\n  (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:\n    (a) to give the CEO information of the kind, by the time and in any manner or form, specified in the notice;\n    (b) to give the CEO documents of the kind, by the time and in any manner, specified in the notice.\n  (2) The person must comply with the notice despite any other law of the Commonwealth, a State or a Territory.\n  (3) The time specified in the notice must be reasonable, having regard to all the circumstances.\n  (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.\n  (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.\n  (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).\n\n> Note: Subsection 33(3) of the Acts Interpretation Act 1901 deals with revocation and variation etc. of instruments.\n\n  (7) Subsection (1) does not apply if:\n    (a) the person is the Commonwealth or a Commonwealth entity; or\n    (b) the person:\n    (i) is, or has at any time been, an officer of a Commonwealth entity; and\n    (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.\n\n#### 31 Information may be required to be given on oath\n\n  (1) The CEO may require the information to be verified by, or given on, oath or affirmation.\n  (2) The oath or affirmation is an oath or affirmation that the information is true.\n\n#### 32 Offence for failure to comply with requirement\n\n  (1) A person commits an offence if:\n    (a) the person has been given a notice under section 30; and\n    (b) the person does not comply with the notice.\n\nPenalty: Imprisonment for 12 months.\n\n  (2) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1).\n\n#### 33 Self‑incrimination not an excuse\n\n  (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.\n  (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:\n    (a) section 28 (false or misleading information given in connection with a UN sanction enforcement law); or\n    (b) section 32 (failure to comply with requirement to give information or document).\n\n#### 34 CEO may copy documents\n\n  If a person gives a document to the CEO of a designated Commonwealth entity under section 30, the CEO:\n    (a) may take and keep a copy of the document; and\n    (b) must return the document to the person within a reasonable time.\n\n#### 35 Further disclosure and use of information and documents\n\n  Disclosure and use of information etc. within entity\n  (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:\n    (a) copy, make a record of or use, any information or document;\n    (b) disclose any information, or give any document, to another officer of that entity.\n  Disclosure outside of entity\n  (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:\n    (a) a Minister of the Commonwealth, a State or a Territory;\n    (b) the CEO of another Commonwealth entity;\n    (c) a State or Territory entity;\n    (d) a foreign government entity;\n    (e) a public international organisation;\n    (f) a person specified in an instrument under subsection (3).\n  (3) The Minister may, by legislative instrument, specify a person for the purposes of paragraph (2)(f).\n  (4) Subsections (1) and (2) apply despite any other law of the Commonwealth, a State or a Territory.\n\n#### 36 Protection from liability\n\n  (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:\n    (a) to any proceedings for contravening any other law because of that conduct; or\n    (b) to civil proceedings for loss, damage or injury of any kind suffered by another person because of that conduct.\n  (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.\n\n#### 37 Retention of records and documents\n\n  (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:\n    (a) if the relevant authorisation was granted—the last day on which an action to which the relevant authorisation relates was done; or\n    (b) if the relevant authorisation was not granted—the day on which the application was made.\n  (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.\n\n> 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.\n\n#### 38 Delegation\n\n  (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:\n    (a) an SES employee or acting SES employee of the entity; or\n    (b) an employee of the entity of equivalent rank to an SES employee.\n  (2) In exercising powers or performing functions delegated under subsection (1), the delegate must comply with any directions of the CEO.\n\n## Part 7—Miscellaneous\n\n#### 38A Effect of certain listings\n\n  (1) In this section:\n\n> listing:\n\n    (a) means one of the following as in force at any time before the commencement of this section:\n    (i) a listing under subsection 15(1) of a person or entity;\n    (ii) a listing under subsection 15(3) of an asset or class of asset; and\n    (b) to avoid doubt, includes a listing given effect by regulation 4 of the previous regulations.\n\n> previous regulations means the Charter of the United Nations (Terrorism and Dealings with Assets) Regulations 2002.\n\n> registered means registered on:\n\n    (a) the Federal Register of Legislation (within the meaning of the Legislation Act 2003); or\n    (b) the Register (within the meaning of the Legislative Instruments Act 2003 as in force before 5 March 2016).\n  (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.\n  (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.\n  (4) The listing is taken, for all purposes, to have been registered at the time.\n  (5) To avoid doubt:\n    (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\n    (b) this section applies in relation to civil and criminal proceedings, including proceedings that are pending or concluded.\n\n#### 39 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":17},{"sectionNumber":"12","sectionType":"section","heading":"Offences","content":"#### 12 Offences\n\n  (1) The regulations may prescribe penalties of not more than 50 penalty units for offences against the regulations.\n  (2) The limitation on penalties in subsection (1) does not prevent the regulations from requiring someone to make a statutory declaration.","sortOrder":18},{"sectionNumber":"13","sectionType":"section","heading":"Injunctions","content":"#### 13 Injunctions\n\n  (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.\n  (2) An injunction may only be granted on application by the Attorney‑General.\n  (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.\n  (4) A superior court may, if it thinks it desirable, grant an interim injunction pending its determination of an application.\n  (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.\n  (6) A court may discharge or vary an injunction it has granted.\n  (7) The power to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n    (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\n    (b) whether or not the person has previously engaged in such conduct.\n  (8) In this section:\n\n> superior court means the Federal Court of Australia or the Supreme Court of a State or Territory.","sortOrder":19},{"sectionNumber":"13A","sectionType":"section","heading":"Invalidation of permission, authorisations etc.","content":"#### 13A Invalidation of permission, authorisations etc.\n\n  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:\n    (a) is false or misleading in a material particular; or\n    (b) omits any matter or thing without which the information or document is misleading in a material particular.","sortOrder":20},{"sectionNumber":"Part 4","sectionType":"part","heading":"Security Council decisions that relate to terrorism and dealings with assets","content":"## Part 4—Security Council decisions that relate to terrorism and dealings with assets","sortOrder":21},{"sectionNumber":"14","sectionType":"section","heading":"Definitions","content":"#### 14 Definitions\n\n  In this Part:\n\n> freezable asset means an asset that:\n\n    (a) is owned or controlled by a proscribed person or entity; or\n    (b) is a listed asset; or\n    (c) is derived or generated from assets mentioned in paragraph (a) or (b).\n\n> listed asset means an asset listed by the Minister under section 15.\n\n> proscribed person or entity means:\n\n    (a) a person or entity listed by the Minister under section 15; or\n    (b) a person or entity proscribed by regulation under section 18.\n\n> superior court means the Federal Court of Australia or the Supreme Court of a State or Territory.","sortOrder":22},{"sectionNumber":"15","sectionType":"section","heading":"Listing persons, entities and assets","content":"#### 15 Listing persons, entities and assets\n\n  (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.\n  (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).\n  (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.\n  (4) The Governor‑General may make regulations prescribing the matters of which the Minister must be satisfied before listing an asset under subsection (3).\n  (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:\n    (a) the Security Council has made under Chapter VII of the Charter of the United Nations; and\n    (b) Article 25 of the Charter requires Australia to carry out; and\n    (c) relates to terrorism and dealings with assets.","sortOrder":23},{"sectionNumber":"15A","sectionType":"section","heading":"Duration of listing","content":"#### 15A Duration of listing\n\n  (1) A listing under section 15 ceases to have effect on:\n    (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\n    (b) otherwise—the third anniversary of the making of the most recent declaration under subsection (2) in relation to the listing.\n  (2) The Minister may declare, in writing, that a specified listing under section 15 continues to have effect.\n  (3) The Minister must not:\n    (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\n    (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).\n  (4) The regulations may prescribe a form for a declaration under subsection (2).\n  (5) A declaration made under subsection (2) is not a legislative instrument.\n  (6) To avoid doubt, subsection (1) does not prevent:\n    (a) the revocation, under section 16, of a listing; or\n    (b) the revocation of a listing by operation of section 19; or\n    (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)).","sortOrder":24},{"sectionNumber":"16","sectionType":"section","heading":"Minister may revoke the listing","content":"#### 16 Minister may revoke the listing\n\n  (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:\n    (a) the Security Council has made under Chapter VII of the Charter of the United Nations; and\n    (b) Article 25 of the Charter requires Australia to carry out; and\n    (c) relates to terrorism and dealings with assets.\n  (2) The Minister may revoke the listing either at the Minister’s own instigation or on application by the listed person or entity.","sortOrder":25},{"sectionNumber":"17","sectionType":"section","heading":"Listed person or entity may apply to have the listing revoked","content":"#### 17 Listed person or entity may apply to have the listing revoked\n\n  (1) A listed person or entity may apply to the Minister to have the listing revoked.\n  (2) The application must:\n    (a) be in writing; and\n    (b) set out the circumstances relied upon to justify the application.\n  (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.","sortOrder":26},{"sectionNumber":"18","sectionType":"section","heading":"Proscription by regulation","content":"#### 18 Proscription by regulation\n\n  (1) The Governor‑General may make regulations proscribing persons or entities under this section.\n  (2) A person or entity must not be proscribed under subsection (1) unless the proscription would give effect to a decision:\n    (a) that the Security Council has made under Chapter VII of the Charter of the United Nations; and\n    (b) that Article 25 of the Charter requires Australia to carry out; and\n    (c) that relates to terrorism and dealings with assets; and\n    (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.\n  (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.","sortOrder":27},{"sectionNumber":"19","sectionType":"section","heading":"Effect of resolution ceasing to bind Australia","content":"#### 19 Effect of resolution ceasing to bind Australia\n\n  (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.\n  (2) In so far as regulations proscribing a person or entity under section 18 give effect to a particular decision of the Security Council:\n    (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\n    (b) they do not revive, even if Australia again becomes required to carry out the decision.\n  (3) However, to avoid doubt, nothing in this section prevents:\n    (aa) a listing ceasing to have effect under section 15A; or\n    (a) the revocation, under section 16, of a listing; or\n    (b) the repeal of regulations; or\n    (c) the making of regulations that are the same in substance as regulations that have ceased to have effect because of this section.","sortOrder":28},{"sectionNumber":"20","sectionType":"section","heading":"Offence—dealing with freezable assets","content":"#### 20 Offence—dealing with freezable assets\n\n  Offence for individuals\n  (1) An individual commits an offence if:\n    (a) the individual holds an asset; and\n    (b) the individual:\n    (i) uses or deals with the asset; or\n    (ii) allows the asset to be used or dealt with; or\n    (iii) facilitates the use of the asset or dealing with the asset; and\n    (c) the asset is a freezable asset; and\n    (d) the use or dealing is not in accordance with a notice under section 22.\n  (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.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (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.\n\n> Note: The individual bears a legal burden in relation to a matter in subsection (3) (see section 13.4 of the Criminal Code).\n\n  Penalty for individuals\n  (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.\n  (3B) For the purposes of subsection (3A), the amount is:\n    (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following:\n    (i) 3 times the value of the transaction or transactions;\n    (ii) 2,500 penalty units; or\n    (b) otherwise—2,500 penalty units.\n  Offence for bodies corporate\n  (3C) A body corporate commits an offence if:\n    (a) the body corporate holds an asset; and\n    (b) the body corporate:\n    (i) uses or deals with the asset; or\n    (ii) allows the asset to be used or dealt with; or\n    (iii) facilitates the use of the asset or dealing with the asset; and\n    (c) the asset is a freezable asset; and\n    (d) the use or dealing is not in accordance with a notice under section 22.\n  (3D) An offence under subsection (3C) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3E) It is a defence if the body corporate proves that:\n    (a) the use or dealing was solely for the purpose of preserving the value of the asset; or\n    (b) the body corporate took reasonable precautions, and exercised due diligence, to avoid contravening subsection (3C).\n\n> Note: The body corporate bears a legal burden in relation to a matter in subsection (3E) (see section 13.4 of the Criminal Code).\n\n  Penalty for bodies corporate\n  (3F) An offence under subsection (3C) is punishable on conviction by a fine not exceeding:\n    (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following:\n    (i) 3 times the value of the transaction or transactions;\n    (ii) 10,000 penalty units; or\n    (b) otherwise—10,000 penalty units.\n  (4) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1) or (3C).","sortOrder":29},{"sectionNumber":"21","sectionType":"section","heading":"Offence—giving an asset to a proscribed person or entity","content":"#### 21 Offence—giving an asset to a proscribed person or entity\n\n  Offence for individuals\n  (1) An individual commits an offence if:\n    (a) the individual, directly or indirectly, makes an asset available to a person or entity; and\n    (b) the person or entity to whom the asset is made available is a proscribed person or entity; and\n    (c) the making available of the asset is not in accordance with a notice under section 22.\n  (2) Strict liability applies to the circumstance that the making available of the asset is not in accordance with a notice under section 22.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  Penalty for individuals\n  (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.\n  (2B) For the purposes of subsection (2A), the amount is:\n    (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following:\n    (i) 3 times the value of the transaction or transactions;\n    (ii) 2,500 penalty units; or\n    (b) otherwise—2,500 penalty units.\n  Offence for bodies corporate\n  (2C) A body corporate commits an offence if:\n    (a) the body corporate, directly or indirectly, makes an asset available to a person or entity; and\n    (b) the person or entity to whom the asset is made available is a proscribed person or entity; and\n    (c) the making available of the asset is not in accordance with a notice under section 22.\n  (2D) An offence under subsection (2C) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (2E) It is a defence if the body corporate proves that it took reasonable precautions, and exercised due diligence, to avoid contravening subsection (2C).\n\n> Note: The body corporate bears a legal burden in relation to a matter in subsection (2E) (see section 13.4 of the Criminal Code).\n\n  Penalty for bodies corporate\n  (2F) An offence under subsection (2C) is punishable on conviction by a fine not exceeding:\n    (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following:\n    (i) 3 times the value of the transaction or transactions;\n    (ii) 10,000 penalty units; or\n    (b) otherwise—10,000 penalty units.\n  (3) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1) or (2C).","sortOrder":30},{"sectionNumber":"22","sectionType":"section","heading":"Authorised dealings","content":"#### 22 Authorised dealings\n\n  (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.\n  (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.\n  (3) The Minister may, by written notice:\n    (a) permit a freezable asset specified in the notice to be used or dealt with in a specified way; or\n    (b) permit an asset specified in the notice to be made available to a proscribed person or entity specified in the notice.\n  (3A) The Minister may issue such a notice on his or her own initiative or upon application under subsection (1) or (2).\n  (4) The notice may be subject to conditions.\n  (5) The notice must be given to the owner or holder of the asset as soon as practicable after it is made.\n  (6) The Minister may delegate the Minister’s powers and functions under this section to:\n    (a) the Secretary of the Department; or\n    (b) an SES employee, or acting SES employee, in the Department.\n  The delegation must be in writing.\n  (7) The delegate must comply with any directions of the Minister in exercising powers or functions under the delegation.","sortOrder":31},{"sectionNumber":"22A","sectionType":"section","heading":"Regulations on procedures relating to freezable assets","content":"#### 22A Regulations on procedures relating to freezable assets\n\n  (1) The Governor‑General may make regulations relating to procedures relating to assets that are, may be or may become freezable assets.\n  (2) The regulations may provide for procedures relating to information (including personal information) relating to such assets in circumstances involving:\n    (a) a listing, or proposed listing, of a person, entity, asset or class of asset under section 15; or\n    (b) a question whether an asset is or may become a freezable asset; or\n    (c) an application for, or grant of, permission under section 22.\n  (3) Subsection (2) does not limit subsection (1).","sortOrder":32},{"sectionNumber":"22B","sectionType":"section","heading":"Invalidation of notice for false or misleading information","content":"#### 22B Invalidation of notice for false or misleading information\n\n  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:\n    (a) is false or misleading in a material particular; or\n    (b) omits any matter or thing without which the information or document is misleading in a material particular.","sortOrder":33},{"sectionNumber":"23","sectionType":"section","heading":"Part prevails over conflicting legal obligations","content":"#### 23 Part prevails over conflicting legal obligations\n\n  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.","sortOrder":34},{"sectionNumber":"24","sectionType":"section","heading":"Indemnity for holder of assets","content":"#### 24 Indemnity for holder of assets\n\n  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.","sortOrder":35},{"sectionNumber":"25","sectionType":"section","heading":"Compensation for persons wrongly affected","content":"#### 25 Compensation for persons wrongly affected\n\n  If:\n    (a) the owner or controller of an asset instructs a person holding the asset to use or deal with it; and\n    (b) the holder refuses to comply with the instruction; and\n    (c) the refusal was in good faith, and without negligence, in purported compliance with this Part; and\n    (d) the asset was not a freezable asset; and\n    (e) the owner of the asset suffered loss as a result of the refusal;\n  the owner of the asset is entitled to be compensated by the Commonwealth for that loss.","sortOrder":36},{"sectionNumber":"26","sectionType":"section","heading":"Injunctions","content":"#### 26 Injunctions\n\n  (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.\n  (2) An injunction may only be granted on application by the Attorney‑General.\n  (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.\n  (4) A superior court may, if it thinks it desirable, grant an interim injunction pending its determination of an application.\n  (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.\n  (6) A court may discharge or vary an injunction it has granted.\n  (7) The power to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n    (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\n    (b) whether or not the person has previously engaged in such conduct.","sortOrder":37},{"sectionNumber":"Part 5","sectionType":"part","heading":"Offences relating to UN sanctions","content":"## Part 5—Offences relating to UN sanctions","sortOrder":38},{"sectionNumber":"27","sectionType":"section","heading":"Offence—Contravening a UN sanction enforcement law","content":"#### 27 Offence—Contravening a UN sanction enforcement law\n\n  Individuals\n  (1) An individual commits an offence if:\n    (a) the individual engages in conduct; and\n    (b) the conduct contravenes a UN sanction enforcement law.\n  (2) An individual commits an offence if:\n    (a) the individual engages in conduct; and\n    (b) the conduct contravenes a condition of a licence, permission, consent, authorisation or approval (however described) under a UN sanction enforcement law.\n  (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.\n  (4) For the purposes of subsection (3), the amount is:\n    (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following:\n    (i) 3 times the value of the transaction or transactions;\n    (ii) 2,500 penalty units; or\n    (b) otherwise—2,500 penalty units.\n  Bodies corporate\n  (5) A body corporate commits an offence if:\n    (a) the body corporate engages in conduct; and\n    (b) the conduct contravenes a UN sanction enforcement law.\n  (6) A body corporate commits an offence if:\n    (a) the body corporate engages in conduct; and\n    (b) the conduct contravenes a condition of a licence, permission, consent, authorisation or approval (however described) under a UN sanction enforcement law.\n  (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.\n\n> Note: The body corporate bears a legal burden in relation to a matter in subsection (7) (see section 13.4 of the Criminal Code).\n\n  (8) An offence under subsection (5) or (6) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (9) An offence under subsection (5) or (6) is punishable on conviction by a fine not exceeding:\n    (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following:\n    (i) 3 times the value of the transaction or transactions;\n    (ii) 10,000 penalty units; or\n    (b) otherwise—10,000 penalty units.\n  Definitions\n  (10) In this section:\n\n> engage in conduct means:\n\n    (a) do an act; or\n    (b) omit to perform an act.","sortOrder":39},{"sectionNumber":"28","sectionType":"section","heading":"Offence—False or misleading information given in connection with a UN sanction enforcement law","content":"#### 28 Offence—False or misleading information given in connection with a UN sanction enforcement law\n\n  (1) A person commits an offence if:\n    (a) the person gives information or a document to a Commonwealth entity; and\n    (b) the information or document is given in connection with the administration of a UN sanction enforcement law; and\n    (c) the information or document:\n    (i) is false or misleading; or\n    (ii) omits any matter or thing without which the information or document is misleading.\n\nPenalty: Imprisonment for 10 years or 2,500 penalty units, or both.\n\n  (2) A person (the first person) commits an offence if:\n    (a) the first person gives information or a document to another person; and\n    (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\n    (c) the information or document:\n    (i) is false or misleading; or\n    (ii) omits any matter or thing without which the information or document is misleading.\n\nPenalty: Imprisonment for 10 years or 2,500 penalty units, or both.\n\n  (3) Subsection (1) or (2) does not apply:\n    (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\n    (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.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n  Geographical application of offences\n  (4) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1) or (2).","sortOrder":40},{"sectionNumber":"Part 6","sectionType":"part","heading":"Information relating to UN sanctions","content":"## Part 6—Information relating to UN sanctions","sortOrder":41},{"sectionNumber":"29","sectionType":"section","heading":"CEO of Commonwealth entity may give information or document","content":"#### 29 CEO of Commonwealth entity may give information or document\n\n  (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.\n  (2) Subsection (1) applies despite any other law of the Commonwealth, a State or a Territory.","sortOrder":42},{"sectionNumber":"30","sectionType":"section","heading":"Power to require information or documents to be given","content":"#### 30 Power to require information or documents to be given\n\n  (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:\n    (a) to give the CEO information of the kind, by the time and in any manner or form, specified in the notice;\n    (b) to give the CEO documents of the kind, by the time and in any manner, specified in the notice.\n  (2) The person must comply with the notice despite any other law of the Commonwealth, a State or a Territory.\n  (3) The time specified in the notice must be reasonable, having regard to all the circumstances.\n  (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.\n  (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.\n  (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).\n\n> Note: Subsection 33(3) of the Acts Interpretation Act 1901 deals with revocation and variation etc. of instruments.\n\n  (7) Subsection (1) does not apply if:\n    (a) the person is the Commonwealth or a Commonwealth entity; or\n    (b) the person:\n    (i) is, or has at any time been, an officer of a Commonwealth entity; and\n    (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.","sortOrder":43},{"sectionNumber":"31","sectionType":"section","heading":"Information may be required to be given on oath","content":"#### 31 Information may be required to be given on oath\n\n  (1) The CEO may require the information to be verified by, or given on, oath or affirmation.\n  (2) The oath or affirmation is an oath or affirmation that the information is true.","sortOrder":44},{"sectionNumber":"32","sectionType":"section","heading":"Offence for failure to comply with requirement","content":"#### 32 Offence for failure to comply with requirement\n\n  (1) A person commits an offence if:\n    (a) the person has been given a notice under section 30; and\n    (b) the person does not comply with the notice.\n\nPenalty: Imprisonment for 12 months.\n\n  (2) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1).","sortOrder":45},{"sectionNumber":"33","sectionType":"section","heading":"Self‑incrimination not an excuse","content":"#### 33 Self‑incrimination not an excuse\n\n  (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.\n  (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:\n    (a) section 28 (false or misleading information given in connection with a UN sanction enforcement law); or\n    (b) section 32 (failure to comply with requirement to give information or document).","sortOrder":46},{"sectionNumber":"34","sectionType":"section","heading":"CEO may copy documents","content":"#### 34 CEO may copy documents\n\n  If a person gives a document to the CEO of a designated Commonwealth entity under section 30, the CEO:\n    (a) may take and keep a copy of the document; and\n    (b) must return the document to the person within a reasonable time.","sortOrder":47},{"sectionNumber":"35","sectionType":"section","heading":"Further disclosure and use of information and documents","content":"#### 35 Further disclosure and use of information and documents\n\n  Disclosure and use of information etc. within entity\n  (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:\n    (a) copy, make a record of or use, any information or document;\n    (b) disclose any information, or give any document, to another officer of that entity.\n  Disclosure outside of entity\n  (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:\n    (a) a Minister of the Commonwealth, a State or a Territory;\n    (b) the CEO of another Commonwealth entity;\n    (c) a State or Territory entity;\n    (d) a foreign government entity;\n    (e) a public international organisation;\n    (f) a person specified in an instrument under subsection (3).\n  (3) The Minister may, by legislative instrument, specify a person for the purposes of paragraph (2)(f).\n  (4) Subsections (1) and (2) apply despite any other law of the Commonwealth, a State or a Territory.","sortOrder":48},{"sectionNumber":"36","sectionType":"section","heading":"Protection from liability","content":"#### 36 Protection from liability\n\n  (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:\n    (a) to any proceedings for contravening any other law because of that conduct; or\n    (b) to civil proceedings for loss, damage or injury of any kind suffered by another person because of that conduct.\n  (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.","sortOrder":49},{"sectionNumber":"37","sectionType":"section","heading":"Retention of records and documents","content":"#### 37 Retention of records and documents\n\n  (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:\n    (a) if the relevant authorisation was granted—the last day on which an action to which the relevant authorisation relates was done; or\n    (b) if the relevant authorisation was not granted—the day on which the application was made.\n  (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.\n\n> 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.","sortOrder":50},{"sectionNumber":"38","sectionType":"section","heading":"Delegation","content":"#### 38 Delegation\n\n  (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:\n    (a) an SES employee or acting SES employee of the entity; or\n    (b) an employee of the entity of equivalent rank to an SES employee.\n  (2) In exercising powers or performing functions delegated under subsection (1), the delegate must comply with any directions of the CEO.","sortOrder":51},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"## Part 7—Miscellaneous","sortOrder":52},{"sectionNumber":"38A","sectionType":"section","heading":"Effect of certain listings","content":"#### 38A Effect of certain listings\n\n  (1) In this section:\n\n> listing:\n\n    (a) means one of the following as in force at any time before the commencement of this section:\n    (i) a listing under subsection 15(1) of a person or entity;\n    (ii) a listing under subsection 15(3) of an asset or class of asset; and\n    (b) to avoid doubt, includes a listing given effect by regulation 4 of the previous regulations.\n\n> previous regulations means the Charter of the United Nations (Terrorism and Dealings with Assets) Regulations 2002.\n\n> registered means registered on:\n\n    (a) the Federal Register of Legislation (within the meaning of the Legislation Act 2003); or\n    (b) the Register (within the meaning of the Legislative Instruments Act 2003 as in force before 5 March 2016).\n  (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.\n  (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.\n  (4) The listing is taken, for all purposes, to have been registered at the time.\n  (5) To avoid doubt:\n    (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\n    (b) this section applies in relation to civil and criminal proceedings, including proceedings that are pending or concluded.","sortOrder":53},{"sectionNumber":"39","sectionType":"section","heading":"Regulations","content":"#### 39 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":54}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":674},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has grown significantly beyond its original 1945 purpose of merely approving the UN Charter. Major expansions occurred through amendments (particularly in 1991 and later years) to add comprehensive sanctions implementation machinery, terrorism-specific asset freezing regimes, information-gathering powers, and criminal enforcement mechanisms. The modern Act is essentially a sanctions enforcement framework with the original treaty approval now a minor component."},"complexity_factors":["Multiple overlapping mechanisms for implementing sanctions (regulations under Part 3, listings under Part 4, and designated UN sanction enforcement laws)","Extensive cross-referencing to external instruments including the UN Charter, Criminal Code, and Public Governance, Performance and Accountability Act 2013","Conditional and time-limited operation of sanctions with automatic expiry provisions (sections 8, 15A, 19)","Strict liability offences with complex penalty calculations based on transaction values or penalty units","Nested definitions and delegated legislative powers (Minister can specify entities and laws by legislative instrument)","Interaction between Commonwealth, State and Territory laws with supremacy clauses (sections 9, 10, 23)","Information-sharing provisions that override other laws (sections 29, 35)","Defences and evidentiary burdens that differ between individuals and bodies corporate"],"plain_english_summary":"This Act does two main things: **it formally approves the UN Charter** (the treaty that established the United Nations in 1945), and **it gives the Australian Government power to implement UN Security Council sanctions**.\n\n**What are UN sanctions?**\nThese are measures the UN Security Council decides should be taken against countries, groups, or individuals to maintain international peace and security — things like freezing assets, banning trade, or restricting travel. Australia is legally bound under the UN Charter to carry out these decisions.\n\n**How does this Act work?**\n\n- **Part 3** lets the Governor-General make regulations to apply sanctions — this is the main tool for implementing UN decisions quickly without needing new laws each time\n- **Part 4** specifically deals with **terrorism-related sanctions** — freezing assets of listed terrorists or terrorist organisations, with serious criminal penalties (up to 10 years imprisonment) for dealing with \"freezable assets\"\n- **Part 5** creates offences for breaking any UN sanction enforcement law\n- **Part 6** gives government agencies strong information-gathering powers — they can demand documents and information from people, and share it with other agencies and even foreign governments\n\n**Who does it affect?**\n- Banks and financial institutions (who must freeze assets)\n- Businesses trading internationally\n- Anyone who might deal with sanctioned persons or entities\n- Government agencies involved in sanctions administration\n\n**Key features:**\n- Sanctions regulations can apply **outside Australia** (extra-territorial effect)\n- They **override other Australian laws** if there's a conflict\n- Listings of terrorists or assets **automatically expire after 3 years** unless renewed\n- People can **apply to have their listing revoked**\n- There's **protection from liability** for people who act in good faith to comply\n- **Compensation** is available if someone is wrongly affected by a freezing order"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"Section 15(1) and 15(2)","severity":"high","reasoning":"Section 15(1) imposes a mandatory duty on the Minister conditioned on satisfaction of 'the prescribed matters'. Section 15(2) says the Governor-General 'may' prescribe those matters by regulation. The use of 'may' means no regulations are legally required. If no regulations are made, there are literally no prescribed matters to be satisfied of, so the mandatory duty in s15(1) can never be triggered. The mandatory 'must' is therefore entirely dependent on a discretionary 'may', making the obligation a legal nullity until regulations are made.","confidence":0.88,"description":"The Minister is placed under a mandatory obligation to list a person or entity ('must list') if satisfied of 'the prescribed matters', but those prescribed matters are defined entirely by regulations that the Governor-General 'may' (not must) make. If no regulations are ever made prescribing those matters, the Minister can never be satisfied of them, rendering the mandatory listing obligation permanently inoperative — and simultaneously impossible to trigger."},{"type":"retroactive_impossibility","section":"Section 13A and Section 22B","severity":"high","reasoning":"Sections 13A and 22B deem authorisations and notices to have 'never been granted/made'. This retroactively removes the lawful authority under which a third-party holder or dealer may have acted. Under s20(1)(d) and s21(1)(c), the offence includes the circumstance that the dealing is 'not in accordance with a notice under s22' — and strict liability applies to that circumstance (ss20(2), 21(2)). If the notice never existed, any dealing pursuant to it becomes an offence retroactively, yet s24 only protects those acting 'in good faith and without negligence in compliance or purported compliance'. Courts would face an irresolvable tension between the retrospective invalidity and the good-faith indemnity.","confidence":0.82,"description":"Both sections retrospectively void authorisations/notices 'taken never to have been granted/made' where the application contained false or misleading information. This creates a retroactive impossibility: a person who acted in compliance with a notice or authorisation that is later voided ab initio is simultaneously protected by the good-faith indemnity in s24 and exposed to criminal liability under s20 or s21, since the notice 'never existed'. The person cannot have complied with a notice that never existed, stripping them of the s20(1)(d)/s21(1)(c) defence element."},{"type":"retroactive_impossibility","section":"Section 38A(5)","severity":"high","reasoning":"The provision deems unregistered listings to have always been registered, which retroactively makes formerly unenforceable obligations enforceable. Subsection (5)(b) explicitly applies this to concluded proceedings. This could theoretically validate a conviction that was obtained on the basis of an instrument that was legally void at the time — or conversely, could undermine an acquittal. The phrase 'despite any effect that may have on the accrued rights of any person' is an extraordinary and constitutionally questionable provision that overrides finality of judgments.","confidence":0.78,"description":"Section 38A(5)(a) deems past actions valid 'despite any effect that may have on the accrued rights of any person', including in concluded criminal proceedings per s38A(5)(b). This means the section can retrospectively validate what were, at the time, unlawful acts in concluded criminal proceedings — potentially re-criminalising conduct that was acquitted, or validating convictions based on instruments that were legally void. Applying a retrospective validation to concluded criminal proceedings is constitutionally suspect and logically paradoxical."},{"type":"self_contradicting","section":"Section 33(1) and 33(2)","severity":"medium","reasoning":"The use immunity in s33(2) is narrower than the abrogation in s33(1). Compelled information remains admissible in s28 proceedings (false/misleading information). A person forced to give information under s30 who slightly misstates facts — perhaps through confusion, not fraud — can be prosecuted under s28 using their own compelled statements. The protection is therefore illusory for a significant class of cases. The section purports to protect against self-incrimination while preserving the most likely route by which compelled testimony would actually incriminate someone.","confidence":0.75,"description":"Section 33 abrogates the privilege against self-incrimination, compelling individuals to provide potentially incriminating information. The 'use immunity' in s33(2) then provides that the compelled information is inadmissible in criminal proceedings — except in proceedings for an offence against s32 (failure to comply). This creates a perverse incentive structure: an individual who refuses to comply with a compelled information notice faces prosecution under s32, where their refusal itself is the offence. But if they comply and the information is incriminating, it can be used against them in s28 proceedings (false/misleading information). Either path risks criminal exposure."},{"type":"circular_definition","section":"Section 15(2) and Section 15(5)","severity":"medium","reasoning":"The validity of prescribed matters under s15(2) is conditional on s15(5). If the Governor-General makes regulations that fail the s15(5) test, those prescriptions are invalid. This means the mandatory obligation in s15(1) can be triggered only by valid prescribed matters — but whether the matters are validly prescribed is itself a legal question that may only be resolved after listing has occurred. The Minister thus faces a Catch-22: listing before knowing whether prescribed matters are valid, or refusing to list and potentially breaching the mandatory duty.","confidence":0.7,"description":"Section 15(5) requires that a matter prescribed under s15(2) must give effect to a Security Council decision relating to terrorism and dealings with assets. However, s15(1) says the Minister 'must' list a person if satisfied of 'the prescribed matters'. If the Governor-General prescribes matters that don't fully satisfy s15(5), those prescribed matters are invalid. The Minister would then face the logical impossibility of being mandated to list persons based on legally invalid prescribed matters — or having no valid prescribed matters at all."},{"type":"other","section":"Part 1 (entire Act — structural absurdity)","severity":"high","reasoning":"The document as provided contains three complete, verbatim reproductions of the full Act text. This is almost certainly a compilation or source document rendering error, not a legislative drafting choice, but as presented it creates genuine ambiguity about which version of any given provision is operative and which structural headers apply to which provisions. A court or regulated entity reading this document would face genuine confusion.","confidence":0.95,"description":"The entire text of the Act (Parts 1 through 7, all sections 1–39) appears verbatim three separate times in the provided document, with each repetition preceded by a partial structural header (e.g. 'Division 1 — Making and effect of regulations' or 'Division 2 — Enforcing the regulations') that does not correspond to the duplicate content. This creates an incoherent document structure where the full Act — including all offence provisions, definitions, and enforcement mechanisms — is triply restated."},{"type":"impossible_compliance","section":"Section 10","severity":"medium","reasoning":"Under the Australian constitutional framework, Parliament cannot irrevocably bind its successors through ordinary legislation. Section 10 purports to create an interpretive rule that constrains future Parliaments — but any future Parliament can simply ignore it. The section has some legal effect as a rule of statutory construction, but its ambition to immunise Part 3 against future parliamentary amendment is logically and constitutionally impossible to guarantee. Section 10(2) partially acknowledges this by carving out express overrides, but this does not resolve the fundamental tension.","confidence":0.72,"description":"Section 10(1) purports to bind future Parliaments by declaring that Acts enacted at or after its commencement 'are not to be interpreted' as overriding Part 3 or the regulations. This is a constitutionally anomalous provision — the Australian Parliament cannot entrench ordinary legislation against future repeal by implication, as parliamentary sovereignty prevents one Parliament from binding a future one except through constitutionally entrenched provisions."},{"type":"self_contradicting","section":"Section 22(3A) and Section 22B","severity":"low","reasoning":"The retroactive invalidity mechanism in s22B is explicitly tied to the application for the notice. Where no application exists (Minister-initiated notices under s22(3A)), the invalidity provision has no operative field. This is a genuine asymmetry: a dishonest applicant's permission is void ab initio, while an identical Minister-initiated permission (perhaps based on the same false information provided informally) would remain valid. The legislative policy appears to be fraud prevention, but the mechanism fails to capture the Minister-initiated pathway.","confidence":0.8,"description":"Section 22(3A) allows the Minister to issue a permission notice 'on his or her own initiative' — i.e., without any application. Section 22B then voids a notice 'never to have been made' if 'information contained in, or information or a document accompanying, the application' is false or misleading. Where the Minister acts on their own initiative with no application, there is no application to contain false information, so s22B can never apply to Minister-initiated notices. This creates an asymmetry where Minister-initiated notices are permanent and immune from retroactive invalidity, while applicant-triggered notices are vulnerable."}],"contradictions":[{"severity":"low","section_a":"Section 8(1)(b)","section_b":"Section 8(2)","confidence":0.65,"description":"Section 8(1)(b) declares that regulations that have ceased to have effect 'do not revive, even if Australia again becomes required to carry out the decision'. Section 8(2) then states that 'nothing in this section prevents... the making of regulations that are the same in substance as regulations that have ceased to have effect'. This is not a direct contradiction — new regulations can be made — but the combined effect is that the practical outcome is identical to revival (the same obligations are reimposed), while the section formally prohibits revival. The distinction between 'new regulations identical in substance' and 'revival' is functionally meaningless."},{"severity":"medium","section_a":"Section 19(1)","section_b":"Section 15A(1)","confidence":0.7,"description":"Section 19(1) provides that a listing under s15 is 'revoked' when Article 25 ceases to require Australia to carry out the relevant Security Council decision. Section 15A(1) provides that a listing 'ceases to have effect' on the third anniversary of the listing (or most recent continuation declaration). These are two independent expiry/revocation mechanisms — but s15A(6)(b) acknowledges both can operate concurrently. The tension arises because s19(1) effects an automatic 'revocation' (a stronger legal concept) while s15A effects a mere cessation of effect. Section 19(3)(aa) clarifies that s15A can still operate, but the interaction between an automatic s19(1) revocation and a pre-existing s15A cessation date is not clearly resolved — particularly as to which mechanism triggers first and with what legal consequences."},{"severity":"medium","section_a":"Section 20(1) (individual offence — fault-based)","section_b":"Section 20(3D) (body corporate offence — strict liability)","confidence":0.78,"description":"The individual offence under s20(1) is not expressed as strict liability (only the specific circumstance in s20(2) regarding the s22 notice element attracts strict liability). The body corporate offence under s20(3C)/(3D) is an offence of strict liability in its entirety. This means a body corporate has a more onerous liability standard for the same conduct than an individual, which is a structural asymmetry. Additionally, the body corporate defence in s20(3E) includes a 'reasonable precautions and due diligence' limb not available to individuals — partially compensating for the stricter liability but creating a different and more favourable overall regime for corporations on the fault question."},{"severity":"medium","section_a":"Section 4(2)","section_b":"Section 20 and Section 21","confidence":0.75,"description":"Section 4(2) provides that nothing in the Act renders the Crown liable to be prosecuted for an offence. Sections 20 and 21 create offences for any 'individual' or 'body corporate' dealing with freezable assets or providing assets to proscribed persons. Commonwealth entities (which are Crown entities) are explicitly exempted from the information-gathering power in s30(7)(a). However, s30(7)(a) implies Commonwealth entities could otherwise be subject to the Act's obligations — yet s4(2) immunises the Crown from prosecution. A Commonwealth entity that deals with a freezable asset in breach of s20 cannot be prosecuted. This creates a significant enforcement gap where Crown entities are subject to the behavioural obligations but immune from the criminal sanctions."},{"severity":"high","section_a":"Section 13A","section_b":"Section 24","confidence":0.8,"description":"Section 13A deems a licence or authorisation under the regulations to have 'never been granted' if the application contained false or misleading information. Section 24 provides an indemnity to persons acting 'in good faith and without negligence in compliance or purported compliance' with Part 4. A third party who dealt with a freezable asset in reliance on an authorisation that is later retroactively voided under s13A has arguably acted in 'purported compliance' and may claim the s24 indemnity. However, since the authorisation never legally existed, their dealing was never actually 'in accordance with a notice under s22' as required by s20(1)(d) — meaning the conduct remains an offence despite the good-faith indemnity protecting them from civil liability. The criminal and civil outcomes are therefore inconsistent."},{"severity":"low","section_a":"Section 16(1)","section_b":"Section 17(3)","confidence":0.68,"description":"Section 16(1) allows the Minister to revoke a listing if satisfied it is 'no longer necessary to give effect to' the relevant Security Council decision. Section 17(3) provides that the Minister is 'not required to consider' a new application from a listed person if a previous application was made within one year. Read together, the Minister could lawfully decline to consider an application for revocation even where the Minister is independently satisfied that revocation is warranted under s16(1) — creating an odd situation where the Minister's own discretion to revoke under s16 is not affected, but the applicant's right to have an application considered is blocked. The tension is that s17(3) creates an administrative barrier that does not align with the substantive test for revocation in s16(1)."}]},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's original 1945 purpose was simply to give formal parliamentary approval to Australia ratifying the United Nations Charter — a brief, symbolic step to confirm Australia's membership of the newly formed UN. In its current form, the Act has grown into a comprehensive domestic sanctions enforcement regime. It now contains detailed asset-freezing powers, ministerial listing and proscription mechanisms, serious criminal offences carrying up to 10 years imprisonment, compulsory information-gathering powers that abrogate the right against self-incrimination, broad government information-sharing frameworks (including with foreign governments), and retrospective validation provisions. The addition of Parts 3 through 7 — particularly the terrorism-linked asset freezing regime in Part 4 and the standalone offence and information regime in Parts 5 and 6 — represents a dramatic expansion well beyond the Act's original ratification purpose. Much of this expansion occurred post-2001 in the context of counter-terrorism, reflecting Security Council Resolution 1373 and related measures following the September 11 attacks."},"complexity_factors":["Multiple layers of defined terms — at least 15 key definitions spread across Part 1 and Part 4, including terms like 'freezable asset', 'proscribed person or entity', 'UN sanction enforcement law', and 'designated Commonwealth entity', many of which are defined by reference to other sections or other Acts","Extensive cross-referencing — provisions routinely refer back to other sections (e.g., s.15, s.15A, s.16, s.18, s.19, s.22) and to external legislation including the Criminal Code, Public Governance Performance and Accountability Act 2013, Legislation Act 2003, Acts Interpretation Act 1901, Corporations Act 2001, and ASIC Act 2001","Parallel offence structures — major offences in Parts 4 and 5 (ss. 20, 21, 27) are duplicated in mirror form for individuals and bodies corporate, each with distinct penalty formulas, strict liability provisions, and separate defences","Complex and conditional penalty calculations — fines are calculated as the greater of a fixed penalty unit amount or 3× the transaction value, requiring courts to make value determinations before applying the formula","Nested conditionality around listing and expiry — listings under s.15 expire after 3 years (s.15A), can be renewed by ministerial declaration, can be revoked under s.16, or automatically revoked under s.19 when the UN resolution ceases to bind Australia, creating multiple overlapping expiry triggers","Retrospective operation — s.38A retroactively validates past listings that were not properly registered, applying to concluded and pending civil and criminal proceedings, which raises significant complexity around accrued rights","Broad ministerial discretion structured by external UN decisions — the Minister's power to list, proscribe, and designate is conditional on satisfaction of matters prescribed by separate regulations, which are themselves constrained by UN Security Council Chapter VII decisions, creating a three-tier conditional chain","Significant delegation of legislative power — the Act authorises the Governor-General to make regulations that can override earlier Commonwealth Acts, State and Territory laws, the Corporations Act, and the ASIC Act (s.9), with a separate shield preventing future Acts from implicitly overriding the regime (s.10)","Self-incrimination abrogation with use immunity — s.33 removes the right to silence but provides partial use immunity, creating a nuanced carve-out that interacts with the Criminal Code and requires careful reading","The document appears to contain significant textual repetition (the full body of the Act is reproduced multiple times), which, while likely a source formatting issue, adds to the apparent complexity and length of the instrument"],"plain_english_summary":"## Charter of the United Nations Act 1945 — Plain English Summary\n\n### What is this law about?\n\nThis Act does two things: it formally approves Australia's membership of the United Nations, and — far more practically — it gives the Australian government the legal muscle to enforce **UN Security Council sanctions** (international penalties imposed on countries, organisations, or individuals to maintain world peace, without using military force).\n\n---\n\n### Who is affected?\n\nThis law can affect **almost anyone in Australia** — and even Australians and Australian businesses operating overseas. It particularly targets:\n\n- **Individuals and companies** who hold, manage, or deal with money, property, or other assets that may be linked to sanctioned persons or groups\n- **Banks, financial institutions, and businesses** that deal in goods, services, or money transfers\n- **Government agencies** that must share information and enforce sanctions rules\n- **Anyone placed on a sanctions \"proscribed list\"** — meaning they've been officially named as a person or group subject to UN sanctions\n\n---\n\n### What does it actually do?\n\n**Part 1 – Setting the scene:** Defines key terms and establishes that the law applies across all of Australia, including external territories (like Christmas Island), and binds all levels of government.\n\n**Part 2 – Approving the UN Charter:** A simple, one-line approval of Australia's membership of the United Nations.\n\n**Part 3 – Making and enforcing sanctions regulations:** Gives the Governor-General (acting on government advice) the power to make detailed regulations (i.e., specific rules) to put UN Security Council decisions into effect. These regulations can:\n- **Ban (\"proscribe\") people or organisations**\n- **Freeze assets** (stop money, property, or other valuables from being used)\n- **Block the trade of goods and services**\n- Provide exemptions and compensation in appropriate cases\n\nCrucially, these regulations automatically stop working if the relevant UN Security Council decision no longer applies to Australia — they can't just keep running indefinitely.\n\n**Part 4 – Freezing assets linked to terrorism:** This is where it gets serious. The Minister can formally **list** (name) specific individuals, organisations, or assets as being subject to UN sanctions related to terrorism. Once something is \"listed\":\n- The assets connected to that person or group become **\"freezable assets\"** — meaning they cannot be used, transferred, or accessed without government permission\n- Listings expire after **3 years** unless renewed\n- **Penalty for dealing with a frozen asset:** Up to **10 years in prison** and/or massive fines (for individuals: up to 2,500 penalty units or 3× the transaction value, whichever is greater; for companies: up to 10,000 penalty units or 3× the transaction value)\n- Even **giving assets to** a proscribed person or entity carries the same penalties\n- A person or organisation who has been listed can apply to the Minister to be removed from the list\n\n**Part 5 – Broader offences:** Makes it a crime (up to 10 years imprisonment) for anyone — including companies — to breach **any UN sanctions enforcement law** or to **lie to the government** about information connected to sanctions.\n\n**Part 6 – Information powers:** Gives government agencies the power to **demand documents and information** from private individuals and businesses to check whether sanctions are being complied with. Importantly:\n- You **cannot refuse** to hand over information just because it might incriminate you (your right against self-incrimination is reduced)\n- However, that compelled information generally **cannot be used against you** in criminal proceedings (with limited exceptions)\n- Agencies can share that information with state governments, foreign governments, and international organisations\n- Records must be kept for **5 years**\n\n**Part 7 – Housekeeping:** Validates past listings that may have had technical registration problems, ensuring they were legally effective all along — including for both past and ongoing court cases.\n\n---\n\n### Why does it matter?\n\nThis law is Australia's primary tool for implementing **international economic and diplomatic sanctions** — the kind imposed on regimes, terrorist groups, or individuals who threaten global peace and security. Think sanctions against North Korea's weapons programme, or asset freezes on individuals connected to terrorist financing. Without this Act, Australia would struggle to meet its binding international obligations as a UN member state."}},"importantCases":[],"_links":{"self":"/api/acts/charter-of-the-united-nations-act-1945","history":"/api/acts/charter-of-the-united-nations-act-1945/history","analysis":"/api/acts/charter-of-the-united-nations-act-1945/analysis","conflicts":"/api/acts/charter-of-the-united-nations-act-1945/conflicts","importantCases":"/api/acts/charter-of-the-united-nations-act-1945/important-cases","documents":"/api/acts/charter-of-the-united-nations-act-1945/documents"}}