Federal Register of Legislation - Australian Government

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A Bill for an Act to enable Australia to impose sanctions to promote compliance with international human rights law and respect for human rights or to deter significant corruption, and for related purposes
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Registered 04 Aug 2021
Introduced Senate 03 Aug 2021

2019‑2021

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

International Human Rights and Corruption (Magnitsky Sanctions) Bill 2021

 

No.      , 2021

 

(Senator Kitching)

 

 

 

A Bill for an Act to enable Australia to impose sanctions to promote compliance with international human rights law and respect for human rights or to deter significant corruption, and for related purposes

  

  

  


Contents

Part 1—Preliminary                                                                                                             2

1............ Short title............................................................................................. 2

2............ Commencement................................................................................... 2

3............ Simplified outline of this Act.............................................................. 2

4............ Definitions.......................................................................................... 3

5............ Act binds the Crown........................................................................... 3

6............ Application of this Act........................................................................ 3

Part 2—Power to make sanctions regulations                                                      4

7............ Regulations may impose sanctions...................................................... 4

8............ Effect of regulations............................................................................ 5

9............ Offences.............................................................................................. 5

Part 3—Miscellaneous                                                                                                         6

10.......... Severability......................................................................................... 6

11.......... Regulations......................................................................................... 7

 


A Bill for an Act to enable Australia to impose sanctions to promote compliance with international human rights law and respect for human rights or to deter significant corruption, and for related purposes

The Parliament of Australia enacts:

Part 1Preliminary

  

1  Short title

                   This Act is the International Human Rights and Corruption (Magnitsky 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

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day this Act receives the Royal Assent.

 

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  Simplified outline of this Act

Regulations under this Act may impose immigration, financial or trade sanctions on foreign persons.

Before regulations are made, the Minister is required to be satisfied that the purpose of the regulations is:

       (a)     to provide accountability for, or be a deterrent to, gross violations of human rights or significant corruption; or

      (b)     to otherwise promote compliance with international human rights law or respect for human right.

The regulations must be consistent with the obligations of Australia under international law.

4  Definitions

                   In this Act:

asset means:

                     (a)  an asset of any kind or property of any kind (including, to avoid doubt, funds), whether tangible or intangible, movable or immovable, however acquired; and

                     (b)  a legal document or instrument in any form, including electronic or digital, evidencing title to, or interest in, such an asset or such property, including, but not limited to, bank credits, travellers cheques, bank cheques, money orders, shares, securities, bonds, debt instruments, drafts and letters of credit.

Australia, when used in a geographical sense, includes the external Territories.

foreign person has the same meaning as in the Foreign Acquisitions and Takeovers Act 1975.

5  Act binds the Crown

                   This Act binds the Crown in each of its capacities.

6  Application of this Act

             (1)  This Act extends to every external Territory.

             (2)  This Act applies both within and outside Australia.

Part 2Power to make sanctions regulations

  

7  Regulations may impose sanctions

             (1)  The regulations may make provision for and in relation to imposing immigration sanctions, or financial or trade sanctions, on:

                     (a)  a prescribed foreign person; or

                     (b)  a foreign person included in a prescribed class of foreign persons.

             (2)  Before the Governor‑General makes a regulation for the purposes of subsection (1), the Minister must be satisfied that the purpose of the regulation is:

                     (a)  to provide accountability for, or be a deterrent to, gross violations of human rights or significant corruption; or

                     (b)  to otherwise promote compliance with international human rights law or respect for human rights.

             (3)  Regulations under subsection (1) must be consistent with:

                     (a)  the obligations of Australia under international law, including obligations under any agreement or arrangement between Australia and one or more other countries; and

                     (b)  any law of the Commonwealth giving effect to such an agreement.

             (4)  For the purposes of subsection (1):

                     (a)  the regulations impose immigration sanctions on a foreign person, if the regulations:

                              (i)  provide that an application by the person under the Migration Act 1958 for a visa is not a valid application; or

                             (ii)  permit the Minister administering the Migration Act 1958 to cancel a visa held by the person under that Act; and

                     (b)  the regulations impose financial or trade sanctions on a foreign person, if the regulations:

                              (i)  restrict or prevent uses of, dealings with, or the making available of, assets owned, held or controlled by the person; or

                             (ii)  restrict or prevent the supply, sale, transfer, import or export of goods or services by the person or to the person.

8  Effect of regulations

             (1)  The regulations have effect despite any other law of the Commonwealth, a State or a Territory (whether passed or made before or after the commencement of this section, and whether written or unwritten), unless the law expressly provides otherwise.

             (2)  The regulations have no effect to the extent (if any) that their operation would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph).

             (3)  To avoid doubt, this Act does not, by implication, limit the powers of the Commonwealth to impose or enforce sanctions (however described) under any other law of the Commonwealth.

9  Offences

                   The regulations may prescribe penalties, of imprisonment for a period not exceeding 12 months or a fine not exceeding 50 penalty units, or both, for offences against the regulations.

Part 3Miscellaneous

  

10  Severability

             (1)  Without limiting the effect of this Act apart from this section, this Act also has effect as provided by this section.

             (2)  To avoid doubt, no subsection of this section limits the operation of any other subsection of this section.

External affairs power

             (3)  This Act also has the effect it would have if its operation were expressly confined to purposes related to giving effect to Australia’s rights and obligations under an agreement with one or more countries.

             (4)  This Act also has the effect it would have if its operation were expressly confined to purposes related to addressing matters that are of international concern.

             (5)  This Act also has the effect it would have if each reference to a foreign person were expressly confined to an individual who is outside Australia.

Aliens power

             (6)  This Act also has the effect it would have if each reference to a foreign person were expressly confined to an alien (within the meaning of paragraph 51(xix) of the Constitution).

Corporations power

             (7)  This Act also has the effect it would have if each reference to a foreign person were expressly confined to a corporation that:

                     (a)  is described in paragraph (b) or (c) of the definition of foreign person in section 4 of the Foreign Acquisitions and Takeovers Act 1975; and

                     (b)  is a foreign corporation, or a trading or financial corporation, to which paragraph 51(xx) of the Constitution applies.

Nationhood power

             (8)  This Act also has the effect it would have if its operation were expressly confined to purposes related to matters that are peculiarly adapted to the government of a nation and that cannot otherwise be carried on for the benefit of the nation.

Incidental power

             (9)  This Act also has the effect it would have if its operation were expressly confined to purposes related to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.

11  Regulations

                   The Governor‑General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed by the regulations; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.