Charter of the United Nations Amendment Act 2021

No. 106, 2021

An Act to amend the Charter of the United Nations Act 1945, and for related purposes

Contents

1 Short title 1

2 Commencement 2

3 Schedules 2

Schedule 1—Amendments 3

Charter of the United Nations Act 1945 3

An Act to amend the Charter of the United Nations Act 1945, and for related purposes

[Assented to 13 September 2021]

The Parliament of Australia enacts:
1 Short title

This Act is the Charter of the United Nations Amendment Act 2021.
2 Commencement 1

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information Commencement information Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. The whole of this Act The day after this Act receives the Royal Assent. 14 September 2021

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 2

Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Amendments

Charter of the United Nations Act 1945

 1 Subsection 15(1)

After “must”, insert “, by legislative instrument,”.

 2 Subsection 15(3)

After “may”, insert “, by legislative instrument,”.

 3 Subsections 15(6) and (7)

Repeal the subsections.

 4 Subsection 16(1)

After “Minister may”, insert “, by legislative instrument,”.

 5 Subsections 16(3) and (4)

Repeal the subsections.

 6 Before section 39

Insert:

 38A Effect of certain listings 1

In this section:

listing:

previous regulations means the Charter of the United Nations (Terrorism and Dealings with Assets) Regulations 2002.

registered means registered on:

[Minister’s second reading speech made in—

House of Representatives on 11 August 2021

Senate on 31 August 2021]

(92/21)

 a

means one of the following as in force at any time before the commencement of this section:

 i

a listing under subsection 15(1) of a person or entity;

 ii

a listing under subsection 15(3) of an asset or class of asset; and

 b

to avoid doubt, includes a listing given effect by regulation 4 of the previous regulations.

 a

(a) the Federal Register of Legislation (within the meaning of the Legislation Act 2003); or

 b

(b) the Register (within the meaning of the Legislative Instruments Act 2003 as in force before 5 March 2016).

 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.

 3

(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.

 4

The listing is taken, for all purposes, to have been registered at the time.

 5

To avoid doubt:

 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

 b

this section applies in relation to civil and criminal proceedings, including proceedings that are pending or concluded.