Commonwealth legislation

Charter of the United Nations (Listed Persons and Entities) Instrument 2022

In ForceCTH

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

4/10 complexity

What this instrument does (mechanically)

This is a statutory instrument made under section 15 of the Charter of the United Nations Act 1945. It names specific people and organisations in two schedules (Schedule 1: entities; Schedule 2: persons) and declares each named entry to be "listed" for the purposes of subsection 15(1) of the Act. In short: it formally adds (or records) those names to Australia’s sanctions listing under the Charter of the United Nations Act.

Who it affects

The named individuals and organisations in the Schedules: those entries become "listed" under the Act. The instrument records identifying details used to distinguish listed entries (aliases, addresses, dates of birth, passport numbers, instrument-of-first-listing references, etc.).
Australian businesses, banks, charities, non‑profits, legal advisers and others with compliance responsibilities. Once a person or entity is "listed" under the Act, Australian persons and bodies involved in financial services, trade, or provision of goods and services must take steps required by the Act (for example: screening, freezing, refusing dealings, reporting — see subsection 15(1) and other operative provisions of the Act that give effect to UN sanctions).
Members of the public and intermediaries who need to check whether a counterparty, donor, or supplier appears on the list.

Why it matters (practical effect)

Listing under the Act is the domestic legal mechanism that gives effect to United Nations Security Council sanctions (and related Australian sanctions measures). Although the instrument itself only records the names, that legal listing is what triggers the prohibitions, obligations and enforcement tools in the Act and subordinate rules (for example: asset freezes, prohibitions on providing funds or economic resources, and related reporting and authorisation regimes).

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Current sections

Direct links to the current provisions in Charter of the United Nations (Listed Persons and Entities) Instrument 2022.

Name

1 Name

This instrument is the Charter of the United Nations (Listed Persons and Entities) Instrument 2022.

Authority

3 Authority

This instrument is made under section 15 of the Charter of the United Nations Act 1945.

Definitions

4 Definitions

In this instrument:

Act means the Charter of the United Nations Act 1945.

Listed entities

5 Listed entities

For the purposes of subsection 15(1) of the Act, an entity specified in an item of the table in clause 1 of Schedule 1 is listed.

Listed persons

6 Listed persons

For the purposes of subsection 15(1) of the Act, a person specified in an item of the table in clause 1 of Schedule 2 is listed.

Source text: opening excerpt

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.