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National Security Legislation Amendment Bill 2010

Schedule 7 Listings under the Charter of the United Nations Act 1945

   

Charter of the United Nations Act 1945

1  Subsections 15(1) and (3)

After “satisfied”, insert “on reasonable grounds”.

2  After section 15

Insert:

15A   Duration of listing

             (1)  A listing under section 15 ceases to have effect on:

                     (a)  if no declaration under subsection (2) has been made in relation to the listing—the third anniversary of the day on which the listing took effect; or

                     (b)  otherwise—the third anniversary of the making of the most recent declaration under subsection (2) in relation to the listing.

             (2)  The Minister may declare, in writing, that a specified listing under section 15 continues to have effect.

             (3)  The Minister must not:

                     (a)  make a declaration under subsection (2) specifying the listing of a person or entity unless the Minister is satisfied on reasonable grounds of the matters prescribed for the purposes of subsection 15(2); or

                     (b)  make a declaration under subsection (2) specifying the listing of an asset, or class of asset, unless the Minister is satisfied on reasonable grounds of the matters prescribed for the purposes of subsection 15(4).

             (4)  The regulations may prescribe a form for a declaration under subsection (2).

             (5)  A declaration made under subsection (2) is not a legislative instrument.

             (6)  To avoid doubt, subsection (1) does not prevent:

                     (a)  the revocation, under section 16, of a listing; or

                     (b)  the revocation of a listing by operation of section 19; or

                     (c)  the making of a new listing that is the same in substance as another listing (whether the new listing is made or takes effect before or after the other listing ceases to have effect because of subsection (1)).

3  Before paragraph 19(3)(a)

Insert:

                    (aa)  a listing ceasing to have effect under section 15A; or

4  Transitional—listings under section 15 of the Charter of the United Nations Act 1945

A listing that was made under subsection 15(1) or (3) of the Charter of the United Nations Act 1945 and that was in force immediately before the commencement of this item has effect, after that commencement, as if:

                     (a)  it had been made under that subsection as amended by this Act; and

                     (b)  for the purposes only of section 15A of that Act, it had been made immediately after that commencement.