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A Bill for an Act to amend the Charter of the United Nations Act 1945, and for related purposes
Administered by: Foreign Affairs and Trade
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Registered 13 Aug 2021
Introduced HR 11 Aug 2021
Table of contents.

2019‑2020‑2021

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

Charter of the United Nations Amendment Bill 2021

 

No.      , 2021

 

(Foreign Affairs)

 

 

 

A Bill for an Act to amend the Charter of the United Nations Act 1945, and for related purposes

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedules............................................................................................ 2

Schedule 1—Amendments                                                                                                3

Charter of the United Nations Act 1945                                                                 3

 

 


A Bill for an Act to amend the Charter of the United Nations Act 1945, and for related purposes

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

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.

 

Note:          This table relates only to the provisions of this Act as originally enacted.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                   Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendments

  

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:

                     (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.

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

registered means registered on:

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

                     (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)  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.