Acts of Parliament assented to – Acts Nos 128 to 130 of 2021

Overview

The Autonomous Sanctions Amendment (Magnitsky-style and Other Thematic Sanctions) Act 2021, assented to on 7 December 2021, was enacted to amend the Autonomous Sanctions Act 2011. This legislation was introduced by the Parliament of Australia to address the need for more targeted and thematic sanctions, particularly those akin to the Magnitsky Act, which focus on human rights abuses and corruption. The policy objective behind this amendment is to ensure that Australia's sanctions regime is robust and responsive to global human rights issues, thereby enhancing the country's role in international efforts to promote justice and accountability. By enabling the imposition of sanctions on individuals and entities involved in severe human rights violations and corruption, the Act aims to align Australia's sanctions policy with international standards and practices.

Scope and Application

The Autonomous Sanctions Amendment (Magnitsky-style and Other Thematic Sanctions) Act 2021 amends the Autonomous Sanctions Act 2011 and applies to individuals, entities, and vessels located within Australia and Australian territories, as well as to Australian citizens and entities wherever they are located. This Act expands the scope of sanctions to include Magnitsky-style sanctions, which target individuals and entities involved in serious human rights abuses and corruption, and other thematic sanctions. These sanctions are imposed regardless of whether they align with international sanctions. The application of the Act is not restricted to specific industries but extends to any person or entity engaging in activities that violate the autonomous sanctions. The Act’s reach is national, including external territories, and it operates independently of any international sanctions regime. The Act allows for the imposition of sanctions through subordinate instruments, which may further define the scope and application of the sanctions, including specific exclusions, exemptions, or thresholds.

Key Provisions

The main provisions of the Autonomous Sanctions Amendment (Magnitsky-style and Other Thematic Sanctions) Act 2021 (No. 128, 2021) are contained in sections 3 to 10. Section 3 inserts new provisions into the Autonomous Sanctions Act 2011 to allow the Minister for Foreign Affairs to impose sanctions, such as asset freezes and travel bans, on individuals and entities involved in human rights abuses, corruption, or other specified activities. Section 4 outlines the process for making these determinations, including the requirement for the Minister to consider advice from relevant experts and the potential impact on Australian interests. Section 5 introduces a mechanism for reviewing and varying or cancelling sanctions, allowing individuals to seek judicial review of the Minister’s decisions. Section 6 amends the existing sanctions regime to include new categories of offences and specifies the types of sanctions that can be imposed, while section 7 provides for the creation of a sanctions register and the publication of relevant information. The Act imposes several obligations on the parties and entities it governs. Firstly, section 3(3) requires the Minister for Foreign Affairs to consider advice from relevant experts before making a determination to impose sanctions. Section 4(2) mandates that the Minister must publish the reasons for the imposition of sanctions in the Commonwealth Gazette. Section 5(1) allows individuals affected by a sanction to apply to the Federal Court for a review of the Minister’s decision, imposing a procedural obligation on the Minister to provide reasons for their decision. Additionally, section 8 requires the Minister to ensure that the sanctions register is updated and maintained, which includes the obligation to publish relevant information about the sanctions imposed. Breaching the provisions of this Act can lead to significant consequences. Under section 11, any person who contravenes a sanction by dealing with a listed individual or entity can be subject to civil penalties. Section 11(2) specifies that the maximum penalty for an individual is 500 penalty units, or for a body corporate, 2,500 penalty units. Section 12 imposes criminal penalties for serious breaches, including fines of up to 10,000 penalty units and imprisonment for up to five years. Furthermore, section 13 outlines that failure to comply with the obligation to provide information to the Minister can result in a penalty of 1,000 penalty units for an individual or 5,000 penalty units for a body corporate. These penalties underscore the seriousness of non-compliance with the Act's requirements.