eLaw Journal: Murdoch University Electronic Journal of Law, Vol 16, No 1 (2009)

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Implementing Targeted Sanctions in Australia: A Role for Procedural Fairness

Stephen Robert Tully

Abstract


The Security Council may adopt economic measures targeted at specific individuals or entities. However, concerns have been expressed that their application must be accompanied by ‘fair and clear’ procedures including procedural fairness protections for those appearing on sanctions lists. In Australia, UN sanctions are implemented through proscriptive powers under the Charter of the United Nations Act 1945 (Cth) against individuals or entities designated by either the Security Council or Australia. This article affirms an obligation upon the relevant Minister to accord procedural fairness when exercising proscriptive powers against individuals or entities in respect of Security Council decisions which Australia is obliged to carry out. This obligation is greatest where Australia is responsible for designation rather than the Security Council. The range of procedural fairness protections will be elicited from the legislative framework during administrative law proceedings challenging inclusion on sanctions lists or the application of asset freezes.


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