Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 32, 1945
Compilation No. 15
Compilation date: 14 September 2021
Includes amendments up to: Act No. 106, 2021
Registered: 10 November 2021
About this compilation
This compilation
This is a compilation of the Charter of the United Nations Act 1945 that shows the text of the law as amended and in force on 14 September 2021 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Definitions
2A Meaning of designated Commonwealth entity
2B Meaning of UN sanction enforcement law
3 Extension to external Territories
4 Act binds the Crown
Part 2--Approval of Charter
5 Approval
Part 3--Regulations to Apply Security Council Sanctions
Division 1--Making and effect of regulations
6 Regulations may apply sanctions
7 Regulations may have extra-territorial effect
8 Regulations expire when sanctions resolution ceases to bind Australia
9 Effect of regulations on earlier Commonwealth Acts and on State and Territory laws
10 Later Acts not to be interpreted as overriding this Part or the regulations
11 Other instruments giving effect to Security Council decisions
Division 2--Enforcing the regulations
12 Offences
13 Injunctions
13A Invalidation of permission, authorisations etc.
Part 4--Security Council decisions that relate to terrorism and dealings with assets
14 Definitions
15 Listing persons, entities and assets
15A Duration of listing
16 Minister may revoke the listing
17 Listed person or entity may apply to have the listing revoked
18 Proscription by regulation
19 Effect of resolution ceasing to bind Australia
20 Offence--dealing with freezable assets
21 Offence--giving an asset to a proscribed person or entity
22 Authorised dealings
22A Regulations on procedures relating to freezable assets
22B Invalidation of notice for false or misleading information
23 Part prevails over conflicting legal obligations
24 Indemnity for holder of assets
25 Compensation for persons wrongly affected
26 Injunctions
Part 5--Offences relating to UN sanctions
27 Offence--Contravening a UN sanction enforcement law
28 Offence--False or misleading information given in connection with a UN sanction enforcement law
Part 6--Information relating to UN sanctions
29 CEO of Commonwealth entity may give information or document
30 Power to require information or documents to be given
31 Information may be required to be given on oath
32 Offence for failure to comply with requirement
33 Self-incrimination not an excuse
34 CEO may copy documents
35 Further disclosure and use of information and documents
36 Protection from liability
37 Retention of records and documents
38 Delegation
Part 7--Miscellaneous
38A Effect of certain listings
39 Regulations
The Schedule--Charter of the United Nations
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Endnote 5--Miscellaneous
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
Charter of the United Nations Act 1945 | 32, 1945 | 24 Sept 1945 | 22 Oct 1945 |
|
Charter of the United Nations Amendment Act 1993 | 30, 1993 | 9 June 1993 | 9 June 1993 (s 2) | -- |
Corporations (Repeals, Consequentials and Transitionals) Act 2001 | 55, 2001 | 28 June 2001 | ss 4-14 and Sch 3 (item 96): 15 July 2001 (s 2(1), (3) and Gazette 2001, No S285) | |
Suppression of the Financing of Terrorism Act 2002 | 66, 2002 | 5 July 2002 | Sch 3: 13 Dec 2002 (s 2(1) item 6 and Gazette 2002, No S471) | -- |
Charter of the United Nations Amendment Act 2002 | 124, 2002 | 10 Dec 2002 | Sch 1: 13 Dec 2002 (s 2(1) item 2) | -- |
147, 2007 | 24 Sept 2007 | Sch 1 (items 1-26): 24 Mar 2008 (s 2(1) item 2) | Sch 1 (items 7, 25) | |
8, 2010 | 1 Mar 2010 | Sch 5 (item 27): 1 Mar 2010 (s 2(1) item 31) | -- | |
127, 2010 | 24 Nov 2010 | Sch 7: 25 Nov 2010 (s 2(1) item 7) | Sch 7 (item 4) | |
62, 2014 | 30 June 2014 | Sch 8 (item 20) and Sch 14: 1 July 2014 (s 2(1) items 6, 14 ) | Sch 14 | |
as amended by |
|
|
|
|
Public Governance and Resources Legislation Amendment Act (No. 1) 2015 | 36, 2015 | 13 Apr 2015 | Sch 2 (items 7-9) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
as amended by |
|
|
|
|
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | -- |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | -- |
59, 2015 | 26 May 2015 | Sch 2 (items 356-396): 18 June 2015 (s 2(1) item 6) | Sch 2 (items 356-396) | |
as amended by |
|
|
|
|
33, 2016 | 23 Mar 2016 | Sch 2: 24 Mar 2016 (s 2(1) item 2) | -- | |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 106): 5 Mar 2016 (s 2(1) item 2) | -- |
Charter of the United Nations Amendment Act 2021 | 106, 2021 | 13 Sept 2021 | 14 Sept 2021 (s 2(1) item 1) | -- |
Provision affected | How affected |
Title.................... | rs. No. 30, 1993 |
Preamble................. | rep. No. 30, 1993 |
Part 1 |
|
Heading to Part 1........... | ad. No. 30, 1993 |
s. 2..................... | rs. No. 147, 2007 |
| am. No. 8, 2010; No 62, 2014 |
ad. No. 147, 2007 | |
s. 3..................... | rs. No. 30, 1993 |
s. 4..................... | ad. No. 30, 1993 |
| am No 59, 2015 |
Part 2 |
|
Part 2................... | ad. No. 30, 1993 |
s. 5..................... | ad. No. 30, 1993 |
Part 3 |
|
Part 3................... | ad. No. 30, 1993 |
Division 1 |
|
s. 6..................... | ad. No. 30, 1993 |
| am. No. 147, 2007; No 126, 2015 |
ad. No. 30, 1993 | |
s. 9..................... | ad. No. 30, 1993 |
| am. No. 55, 2001 |
ad. No. 30, 1993 | |
Division 2 |
|
ad. No. 30, 1993 | |
s. 13A................... | ad. No. 147, 2007 |
Part 4 |
|
Heading to Part 4........... | rs. No. 147, 2007 |
Part 4................... | ad. No. 66, 2002 |
s. 14.................... | ad. No. 66, 2002 |
| am. No. 147, 2007 |
s 15.................... | ad No 66, 2002 |
| am No 127, 2010; No 106, 2021 |
s. 15A................... | ad. No. 127, 2010 |
s 16.................... | ad No 66, 2002 |
| am No 106, 2021 |
ad No 66, 2002 | |
ad No 66, 2002 | |
s. 19.................... | ad. No. 66, 2002 |
| am. No. 127, 2010 |
Subhead. to s. 20(1).......... | ad. No. 147, 2007 |
s. 20.................... | ad. No. 66, 2002 |
| am. No. 147, 2007 |
Note to s. 20(2), (3).......... | ad. No. 147, 2007 |
Subhead. to s. 21(1).......... | ad. No. 147, 2007 |
s. 21.................... | ad. No. 66, 2002 |
| am. No. 147, 2007 |
Note to s. 21(2)............. | ad. No. 147, 2007 |
s. 22.................... | ad. No. 66, 2002 |
| am. No. 124, 2002 |
s. 22A................... | ad. No. 66, 2002 |
s. 22B................... | ad. No. 147, 2007 |
ad. No. 66, 2002 | |
Part 5 |
|
Part 5................... | ad. No. 147, 2007 |
ad. No. 147, 2007 | |
Part 6 |
|
Part 6................... | ad. No. 147, 2007 |
ad. No. 147, 2007 | |
Part 7 |
|
Part 7................... | ad. No. 147, 2007 |
s 38A................... | ad No 106, 2021 |
s 39.................... | ad No 147, 2007 |
The Schedule--Articles 23, 27, 61 and 109
Articles 23, 27, 61 and 109 were amended subsequent to the approval of the Charter by the Charter of the United Nations Act 1945 and, as amended to 31 May 1983, are printed below. Notes on the amended Articles are also printed below.
TEXT OF AMENDED ARTICLES
Article 23
1. The Security Council shall consist of fifteen Members of the United Nations. The Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America shall be permanent members of the Security Council. The General Assembly shall elect ten other Members of the United Nations to be non -permanent Members of the Security Council, due regard being specially paid, in the first instance to the contribution of Members of the United Nations to the maintenance of international peace and security and to the other purposes of the Organization, and also to equitable geographical distribution.
2. The non-permanent members of the Security Council shall be elected for a term of two years. In the first election of the non-permanent members after the increase of the membership of the Security Council from eleven to fifteen, two of the four additional members shall be chosen for a term of one year. A retiring member shall not be eligible for immediate re -election.
3. Each member of the Security Council shall have one representative.
Article 27
1. Each member of the Security Council shall have one vote.
2. Decisions of the Security Council on procedural matters shall be made by an affirmative vote of nine members.
3. Decisions of the Security Council on all other matters shall be made by an affirmative vote of nine members including the concurring votes of the permanent members; provided that, in decisions under Chapter VI, and under paragraph 3 of Article 52, a party to a dispute shall abstain from voting.
Article 61
1. The Economic and Social Council shall consist of fifty-four Members of the United Nations elected by the General Assembly.
2. Subject to the provisions of paragraph 3, eighteen members of the Economic and Social Council shall be elected each year for a term of three years. A retiring member shall be eligible for immediate re -election.
3. At the first election after the increase in the membership of the Economic and Social Council from twenty -seven to fifty-four members, in addition to the members elected in place of the nine members whose term of office expires at the end of that year, twenty-seven additional members shall be elected. Of these twenty -seven additional members, the term of office of nine members so elected shall expire at the end of one year, and of nine other members at the end of two years, in accordance with arrangements made by the General Assembly.
4. Each member of the Economic and Social Council shall have one representative.
Article 109
1. A General Conference of the Members of the United Nations for the purpose of reviewing the present Charter may be held at a date and place to be fixed by a two -thirds vote of the members of the General Assembly and by a vote of any nine members of the Security Council. Each Member of the United Nations shall have one vote in the conference.
2. Any alteration of the present Charter recommended by a two-thirds vote of the conference shall take effect when ratified in accordance with their respective constitutional processes by two thirds of the Members of the United Nations including all the permanent m embers of the Security Council.
3. If such a conference has not been held before the tenth annual session of the General Assembly following the coming into force of the present Charter, the proposal to call such a conference shall be placed on the agenda of that session of the General Assembly, and the conference shall be held if so decided by a majority vote of the members of the General Assembly and by a vote of any seven members of the Security Council.
NOTES ON AMENDED ARTICLES
Amendments to Articles 23, 27 and 61 of the Charter of the United Nations, adopted by the General Assembly on 17 December 1963, came into force on 31 August 1965. A further amendment to Article 61, adopted by the General Assembly on 20 December 1971, came into force on 24 September 1973. An amendment to Article 109, adopted by the General Assembly on 20 December 1965, came into force on 12 June 1968.
The amendment to Article 23 enlarged the membership of the Security Council from eleven to fifteen.
The amended Article 27 provides that decisions of the Security Council on procedural matters shall be made by an affirmative vote of nine members (formerly seven) and on all other matters by an affirmative vote of nine members (formerly seven), including the concurring votes of the five permanent members of the Security Council.
The first amendment to Article 61 enlarged the membership of the Economic and Social Council from eighteen to twenty-seven. The further amendment to Article 61 enlarged the membership of the Economic and Social Council to fifty -four members.
The amendment to Article 109 provides that a General Conference of Member States for the purpose of reviewing the Charter may be held at a date and place to be fixed by a two -thirds vote of the members of the General Assembly and by a vote of any nine members (formerly seven) of the Security Council.
The Schedule--Poland
Poland, which signed the Charter on 15 October 1945 (being a date subsequent to the date on which the Charter of the United Nations Act 1945 received the Royal Assent), is also an original member.