Autonomous Sanctions Amendment (Magnitsky-style and Other Thematic Sanctions) Act 2021

No. 128, 2021

An Act to amend the Autonomous Sanctions Act 2011, and for related purposes

Contents

1 Short title 1

2 Commencement 2

3 Schedules 2

4 Review of operation of amendments 2

Schedule 1—Amendments 3

Autonomous Sanctions Act 2011 3

An Act to amend the Autonomous Sanctions Act 2011, and for related purposes

[Assented to 7 December 2021]

The Parliament of Australia enacts:
1 Short title

This Act is the Autonomous Sanctions Amendment (Magnitsky-style and Other Thematic Sanctions) 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 Commencement information 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. 8 December 2021

Note: This table relates only to the provisions of this Act as originally enacted.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Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
4 Review of operation of amendments 1

The Joint Standing Committee on Foreign Affairs, Defence and Trade must commence a review of the operation of the amendments made by this Act as soon as possible after the end of 3 years after this Act commences.

 2

The Committee must prepare a written report of the review.

 3

The Committee must table the report in each House of the Parliament.
Amendments

Autonomous Sanctions Act 2011

 1 Section 3 (heading)

Repeal the heading, substitute:

 3 Objects of this Act 2 Section 3

Before “The”, insert “(1)”.

 3 Section 3

Omit “purposes”, substitute “objects”.

 4 At the end of section 3

Add:

Country-specific sanctions

Thematic sanctions

 2

Without limiting subsection (1), the autonomous sanctions may address matters that are of international concern in relation to one or more particular foreign countries.

 3

Without limiting subsection (1), the autonomous sanctions may address one or more of the following:

 a

the proliferation of weapons of mass destruction;

 b

threats to international peace and security;

 c

malicious cyber activity;

 d

serious violations or serious abuses of human rights;

 e

activities undermining good governance or the rule of law, including serious corruption;

 f

serious violations of international humanitarian law.

 5 Subsection 6(1)

Omit “For a purpose stated in section 3”, substitute “For the purpose of furthering the main objects of this Act”.

 6 At the end of section 10

Add:

then before making the instrument:

then before making the other instrument:

 4

If:

 a

under a provision of the regulations, the Minister has a power to make a legislative instrument relating to the proscription of persons or entities other than by reference to one or more particular countries; and

 b

under that provision, the Minister proposes to make a legislative instrument proscribing one or more persons or entities;

 c

the Minister must consult the Attorney-General and obtain the Attorney-General’s agreement in writing to the making of the instrument; and

 d

the Minister must consult such other Ministers as the Minister considers appropriate.

 5

If:

 a

under the regulations, the Minister has made a legislative instrument proscribing one or more persons or entities other than by reference to one or more particular countries; and

 b

under the regulations, the Minister proposes to make another legislative instrument continuing the effect of the proscription, or revoking the proscription, of one or more of those persons or entities;

 c

the Minister must consult the Attorney-General and obtain the Attorney-General’s agreement in writing to the making of the other instrument; and

 d

the Minister must consult such other Ministers as the Minister considers appropriate.

 6

If, under a provision of the regulations, the Minister has a power to make a legislative instrument, the Minister must not, under the regulations, delegate that power to another person.

 7 Application provisions 1

(1) The amendment of subsection 6(1) of the Autonomous Sanctions Act 2011 made by this Schedule applies in relation to a legislative instrument that is made on or after the commencement of this item.

 2

(2) Paragraph 10(4)(b) of the Autonomous Sanctions Act 2011, as added by this Schedule, applies in relation to a legislative instrument that is proposed to be made on or after the commencement of this item.

 3

(3) Paragraph 10(5)(a) of the Autonomous Sanctions Act 2011, as added by this Schedule, applies in relation to a legislative instrument that is made before, on or after the commencement of this item.

 4

(4) Paragraph 10(5)(b) of the Autonomous Sanctions Act 2011, as added by this Schedule, applies in relation to a legislative instrument that is proposed to be made on or after the commencement of this item.

[Minister’s second reading speech made in—

Senate on 24 November 2021

House of Representatives on 2 December 2021]

(161/21)