Autonomous Sanctions Act 2011

The main objects of this Act are to:

provide for autonomous sanctions; and

provide for enforcement of autonomous sanctions (whether applied under this Act or another law of the Commonwealth); and

facilitate the collection, flow and use of information relevant to the administration of autonomous sanctions (whether applied under this Act or another law of the Commonwealth).

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

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

the proliferation of weapons of mass destruction;

threats to international peace and security;

malicious cyber activity;

serious violations or serious abuses of human rights;

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

serious violations of international humanitarian law.

an asset of any kind or property of any kind, whether tangible or intangible, movable or immovable, however acquired; and

a legal document or instrument in any form (including electronic or digital) evidencing title to, or interest in, such an asset or such property.

Some examples of documents and instruments described in paragraph (b) are bank credits, travellers cheques, bank cheques, money orders, shares, securities, bonds, debt instruments, drafts and letters of credit.

is intended to influence, directly or indirectly, one or more of the following in accordance with Australian Government policy:

a foreign government entity;

a member of a foreign government entity;

another person or entity outside Australia; or

involves the prohibition of conduct in or connected with Australia that facilitates, directly or indirectly, the engagement by a person or entity described in subparagraph (a)(i), (ii) or (iii) in action outside Australia that is contrary to Australian Government policy.

is a designated Commonwealth entity under the Charter of the United Nations Act 1945; or

is specified in an instrument under section 5.

the government of a foreign country or of part of a foreign country; or

an authority of the government of a foreign country; or

an authority of the government of part of a foreign country.

the CEO of the Commonwealth entity; and

an employee of the Commonwealth entity; and

any other person engaged by the Commonwealth entity, under contract or otherwise, to exercise powers, or perform duties or functions, of the Commonwealth entity.

a State or Territory; or

an authority of a State or Territory.

For the purpose of furthering the main objects of this Act, the Minister may by legislative instrument specify a provision of a law of the Commonwealth as a sanction law.

The Minister may specify a provision in relation to particular circumstances.

This Act binds the Crown in each of its capacities.

This Act does not make the Crown liable to be prosecuted for an offence.

The regulations may make provision relating to any or all of the following:

proscription of persons or entities (for specified purposes or more generally);

restriction or prevention of uses of, dealings with, and making available of, assets;

restriction or prevention of the supply, sale or transfer of goods or services;

restriction or prevention of the procurement of goods or services;

provision for indemnities for acting in compliance or purported compliance with the regulations;

provision for compensation for owners of assets that are affected by regulations relating to a restriction or prevention described in paragraph (b).

Before the Governor‑General makes regulations for the purposes of subsection (1), the Minister must be satisfied that the proposed regulations:

will facilitate the conduct of Australia’s relations with other countries or with entities or persons outside Australia; or

will otherwise deal with matters, things or relationships outside Australia.

Despite subsection 14(2) of the Legislation Act 2003, regulations made for the purposes of subsection (1) may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.

If:

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

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

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

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

If:

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

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;

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

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

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.

specified circumstances; or

the actions of, or position held by, those persons or entities;

The regulations may be expressed to have extraterritorial effect.

If they are so expressed, they have effect accordingly, and so does Division 2 of this Part.