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Commonwealth act
This Act does two things: it formally approves Australia's membership of the United Nations, and — much more importantly in practice today — it gives the Australian Government the legal tools to enforce UN Security Council sanctions (international penalties) against individuals, organisations, and countries that threaten international peace and security.
Think of it as the bridge between what the UN decides in New York and what actually happens inside Australia's borders.
This law can affect anyone in Australia — individuals, businesses, banks, and government agencies — who holds money, property, or other assets connected to a person or group that the UN has sanctioned (officially penalised or blacklisted).
It is particularly relevant to:
1. Approves the UN Charter The Act formally approves Australia's participation in the United Nations — the foundational international treaty signed in San Francisco in 1945.
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Direct links to the current provisions in Charter of the United Nations Act 1945.
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View on official registerSourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
2. Allows the government to impose sanctions by regulation The Governor-General (acting on the government's advice) can make regulations (detailed rules) that put UN Security Council decisions into effect in Australia. These regulations can:
3. Creates a terrorism-specific asset-freezing regime A dedicated section of the Act deals specifically with UN sanctions related to terrorism. The Foreign Minister can officially "list" (add to a blacklist) people, organisations, and specific assets connected to terrorism. Once listed:
4. Permits authorised dealings The Minister can grant special written permission allowing frozen assets to be used in specific, limited ways (for example, allowing a sanctioned person access to funds for basic living expenses). If you lie on your application for such permission, it is treated as though it was never granted.
5. Compels information sharing Government agencies can be required to share information with each other and with foreign governments or international organisations to help enforce sanctions. Businesses and individuals can be compelled by written notice to hand over documents and information. Refusing to comply is a criminal offence carrying up to 12 months in prison.
6. Protects people who act in good faith If you freeze someone's asset believing it to be a frozen asset, but you turn out to be wrong, you are protected from being sued — and the Commonwealth will compensate the wrongly-affected asset owner.
7. Automatic expiry Sanctions regulations and listings automatically expire when the UN Security Council resolution that required them ceases to be binding on Australia. They do not automatically revive even if the same resolution later binds Australia again.
This law is Australia's primary mechanism for enforcing international sanctions — such as those imposed on Russia following the invasion of Ukraine, or against terrorist organisations like Al-Qaeda or ISIS. Without it, UN Security Council decisions would have no legal force inside Australia. It underpins Australia's obligations as a UN member state and is a critical tool in disrupting terrorism financing and other international threats.