David Gillespie (Lyne, National Party) Share this | Hansard source

I move:

That this bill be now read a second time.

Australia has an obligation under the United Nations Security Council Resolution 1373 of 2001 to freeze the assets of individual terrorists and terrorist entities and prevent the provision of assets to those persons and entities.

To give effect to this obligation, the Charter of the United Nations Act 1945 provides for the listing of persons and entities associated with the commission of terrorist acts for the purpose of applying financial sanctions in respect of those listed.

The Charter of the United Nations Amendment Bill 2021 clarifies that counterterrorism financial sanction listings are to be made as legislative instruments. The bill puts beyond doubt any question of the enforceability of validly made listings to ensure that Australia's counterterrorism legislative framework is able to operate as intended by parliament to prevent and respond to the financing of terrorism. The proposed amendments do not alter the existing regulatory framework under the Charter of the United Nations Act 1945 which gives effect to our international obligations as a United Nations member state.

The proposed amendments mean that counterterrorism listings, once made, will be registered on the Federal Register of Legislation as legislative instruments in accordance with requirements under the Legislation Act 2003.Historically, counterterrorism listings have been treated as being administrative in character and not registered on the Federal Register of Legislation. Instead, they have been published in the Commonwealth Gazette in accordance with the requirements of the act as it currently exists. Counterterrorism listings will continue to be set out in a consolidated list which sets out all persons and entities who are subject to targeted financial sanctions under Australian sanctions law. This list is maintained by the Department of Foreign Affairs and Trade and published on the department's website. The bill contains provisions to preserve the enforceability of listings validly made under the Charter of the United Nations Act 1945 prior to their registration on the Federal Register of Legislation.

The Australian government is committed to preventing and suppressing terrorist acts to support international peace and security. One of the most effective ways to combat terrorism is to deny terrorists and terrorist entities the ability to access funds necessary for the commission of terrorist acts. The amendments in this bill further promote public awareness of counterterrorism sanctions listings while ensuring Australia continues to fully implement its international counterterrorism sanctions obligations.

Debate adjourned.

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