Federal Register of Legislation - Australian Government

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A Bill for an Act to amend the Autonomous Sanctions Act 2011, and for related purposes
Administered by: Foreign Affairs and Trade
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 25 Nov 2021
Introduced Senate 24 Nov 2021
Table of contents.

2019‑2020‑2021

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

Autonomous Sanctions Amendment (Thematic Sanctions) Bill 2021

 

No.      , 2021

 

(Foreign Affairs)

 

 

 

A Bill for an Act to amend the Autonomous Sanctions Act 2011, and for related purposes

  

  


Contents

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

2............ Commencement................................................................................... 1

3............ Schedules............................................................................................ 2

Schedule 1—Amendments                                                                                                3

Autonomous Sanctions Act 2011                                                                              3

 

 


A Bill for an Act to amend the Autonomous Sanctions Act 2011, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act is the Autonomous Sanctions Amendment (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

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.

 

Note:          This table relates only to the provisions of this Act as originally enacted.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.

Schedule 1Amendments

  

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

             (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.

Thematic sanctions

             (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.

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:

             (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;

then before making the instrument:

                     (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;

then before making the other instrument:

                     (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)       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)       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)       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)       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.