Autonomous Sanctions Amendment Act 2024
No. 19, 2024
An Act to amend the Autonomous Sanctions Act 2011 and validate certain instruments, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedules
Schedule 1—Amendments and validations
Part 1—Amendments
Autonomous Sanctions Act 2011
Part 2—Validation provisions
Autonomous Sanctions Amendment Act 2024
No. 19, 2024
An Act to amend the Autonomous Sanctions Act 2011 and validate certain instruments, and for related purposes
[Assented to 8 April 2024]
The Parliament of Australia enacts:
1 Short title
This Act is the Autonomous Sanctions Amendment Act 2024.
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. | 9 April 2024 |
Note: This table relates only to the provisions of this Act as originally enacted.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Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1—Amendments and validations
Part 1—Amendments
Autonomous Sanctions Act 2011
1 After section 10
Insert:
10A Proscription of persons or entities relating to past circumstances, actions or positions
Without limiting subsection 10(1), regulations made for the purposes of paragraph 10(1)(a) may make provision relating to the proscription of persons or entities (for specified purposes or more generally) on the basis of:
(a) specified circumstances; or
(b) the actions of, or position held by, those persons or entities;
regardless of the period of time that has elapsed since the circumstances existed, the actions were so taken or position was so held.
Part 2—Validation provisions
2 Definitions
In this Part:
anything done includes:
(a) an omission to do a thing; and
(b) a refusal to do a thing;
and anything purported to have been done has a corresponding meaning.
commencement means the commencement of this Part.
3 Validation of pre‑commencement regulations and related instruments—past circumstances, actions or positions
Effect of certain regulations
(1) Subitem (2) applies to regulations (whether or not still in force) that were made or purportedly made by the Governor‑General before commencement if, assuming that had section 10A of the Autonomous Sanctions Act 2011, as inserted by this Schedule, been in force when the regulations were made or purportedly made, the regulations would have been permitted by paragraph 10(1)(a) of…
Overview
The Autonomous Sanctions Amendment Act 2024, enacted by the Parliament of Australia on 8 April 2024, serves to amend the Autonomous Sanctions Act 2011 and validate certain instruments to ensure the continuity and effectiveness of sanctions measures. This Act aims to address gaps in the existing legislation by providing for the proscription of persons or entities on the basis of past circumstances, actions, or positions, irrespective of the time elapsed since those events occurred. This legislative change seeks to enhance the flexibility and robustness of Australia's autonomous sanctions framework, allowing for the inclusion of sanctions against individuals or entities based on historical actions or positions, thereby reinforcing the country's ability to respond to evolving global security threats.
The policy objective of the Autonomous Sanctions Amendment Act 2024 is to update and strengthen the legal basis for imposing sanctions, ensuring that Australia can effectively participate in international efforts to maintain peace and security. By validating pre-commencement regulations and instruments, the Act aims to eliminate any legal uncertainties that might have arisen from the time lag between the enactment of the original provisions and the need to impose sanctions for past actions or positions. This ensures that all actions taken under the amended provisions are legally sound and enforceable, thereby maintaining the integrity and effectiveness of Australia's sanctions regime.
Scope and Application
The Autonomous Sanctions Amendment Act 2024 amends the Autonomous Sanctions Act 2011 to expand the scope of proscriptions that can be made under the Act. This legislation applies to persons and entities whose proscription is based on specified circumstances, actions, or positions held, irrespective of the time elapsed since those circumstances existed, actions were taken, or positions were held. It thereby extends the Act's reach to include historical conduct and positions, which were not previously covered. The Act applies throughout Australia, affecting any individual or entity within its jurisdiction that is subject to sanctions under the amended Act. The Act also validates pre-commencement regulations and instruments made under them, ensuring their continued validity despite any time lag between the relevant actions or positions and the proscription. This includes validation of instruments made by the Minister before the Act's commencement if they would otherwise be invalid due to the passage of time or failure to exercise discretionary powers. Notably, the Act provides for compensation if its provisions lead to the acquisition of property on terms that are not just, as required by the Australian Constitution.
Key Provisions
- The Autonomous Sanctions Amendment Act 2024 (C2024A00019) introduces significant amendments to the Autonomous Sanctions Act 2011, expanding the scope of proscription to include persons or entities based on past circumstances, actions, or positions. Specifically, section 10A inserted by this Act allows for the proscription of individuals or entities regardless of the time elapsed since the relevant circumstances, actions, or positions occurred. This amendment broadens the regulatory framework to include past activities that might otherwise have been overlooked due to the time lapse.
- The Act imposes several obligations on the relevant authorities and entities. Firstly, it mandates that regulations made for the purposes of proscribing individuals or entities under section 10(1)(a) of the Autonomous Sanctions Act 2011 can now include provisions based on past circumstances, actions, or positions. This change in the regulatory framework requires authorities to consider historical data when making decisions about proscriptions. Furthermore, the Act requires the validation of pre-commencement regulations and related instruments that would have been valid if the new provisions had been in place. This includes validating past actions taken under these regulations, ensuring that any sanctions imposed prior to the Act's commencement are legally sound and effective.
- In terms of penalties and consequences, the Act does not explicitly state any new criminal or civil penalties for breaches of its provisions. However, it ensures that any actions taken under validated regulations are considered valid and effective, thereby preventing any legal challenges based on the timing of those actions. Additionally, the Act addresses potential constitutional issues by providing for compensation if the operation of the Act results in the acquisition of property from a person otherwise than on just terms, as required by section 51(xxxi) of the Constitution. This provision ensures that any person adversely affected by the Act can seek reasonable compensation through the Federal Court of Australia or the Supreme Court of a State or Territory.
- Overall, the Autonomous Sanctions Amendment Act 2024 extends the regulatory scope to include past activities, imposes validation obligations on pre-commencement actions, and ensures compliance with constitutional requirements through compensation provisions, without introducing new specific penalties for breaches.
- Area of Law
- International Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Repeal & Amendment
- Validation of Pre-commencement Instruments
