Commonwealth Numbered Regulations - Explanatory Statements

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CHARTER OF THE UNITED NATIONS (SANCTIONS-YUGOSLAVIA) REGULATIONS (REPEAL)1996 NO. 290

EXPLANATORY STATEMENT

Statutory Rules 1996 No. 290

Issued by the authority of the Minister for Foreign Affairs

Charter of the United Nations Act 1945

Charter of the United Nations (Sanctions-Yugoslavia) Regulations (Repeal)

Section 6 of the Charter of the United Nations Act 1945 (the Act) provides that the Governor-General may make regulation for. and in relation to, giving the effect to decisions that:

(a)        the Security Council has made under Chapter VII of the Charter of the United Nations; and

(b)       Article 25 of the Charter requires Australia to carry out;

in so far as those decision require Australia to apply measures not involving the use of armed force.

The United Nations Security Council decided to impose sanctions against the former Yugoslavia and the Federal Republic of Yugoslavia (Serbia and Montenegro) by virtue of Resolutions 713 (1991), 757 and 787 (1992) and 820 (1993). These sanctions were implemented under Charter of the United Nations (Sanctions -Yugoslavia) Statutory Rules 1993 No. 279.

On 1 October 1996, the United Nations Security Council decided, by virtue of resolution 1074 to terminate immediately the measures imposed by or reaffirmed m resolutions 757 (1992), 787 (1992), 820 (1993), 942 (1994), 943 (1994), 988 (1995), 992 (1995), 1003 (1995), and 1015 (1995). On 22 November 1995, the United Nations Security Council decided, by virtue of resolution 102 1, to set forth the conditions for the gradual termination of the arms embargo that was imposed by resolution 713 (199 1). The Security Council agreed that the remaining provisions of the arms embargo be dated on 18 June 1996.

The proposed Regulations provide for the repeal of Statutory Rules 1993 No. 279. This will implement United Nations Security Council Resolutions 1021 and 1074 in accordance with Australia's obligation under the Charter of the United Nations.

The Regulation commenced on gazettal.


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