Autonomous Sanctions Amendment Act 2024

Administered by Department of Foreign Affairs and Trade

Legislation au C2024A00019 In force Act

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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Note: This table relates only to the provisions of this Act as originally enacted.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Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 that Act.

(2) The regulations are taken for all purposes to be, and to have always been, as valid and effective as they would have been if section 10A of that Act had been in force at the time the regulations were made or purportedly made.

Effect of instruments made under those regulations

(3) Subitem (4) applies to an instrument (whether or not still in force) that was made or purportedly made under regulations that are taken, by operation of subitem (2), to have been valid and effective at the time the instrument was made or purportedly made.

(4) The instrument is taken for all purposes to be, and to have always been, as valid and effective as it would have been if subitem (2) had been in force at the time the instrument was made or purportedly made.

Validity of things done

(5) Anything done, or anything purported to have been done, by a person that would have been wholly or partly invalid except for subitem (2) or (4) is taken for all purposes to be valid and to have always been valid, despite any effect that may have on the accrued rights of any person.

Application of item to proceedings

(6) For the purposes of applying this item in relation to civil or criminal proceedings, this item applies in relation to:

(a) civil and criminal proceedings instituted on or after commencement; and

(b) civil and criminal proceedings instituted before commencement, being proceedings that are concluded:

(i) before commencement; or

(ii) on or after commencement.

4 Validation of pre‑commencement instruments not authorised by regulations

(1) This item applies to an instrument (whether or not still in force) that:

(a) was made or purportedly made by the Minister before commencement under regulations made for the purposes of paragraph 10(1)(a) of the Autonomous Sanctions Act 2011; and

(b) proscribed a person or entity on the basis of:

(i) specified circumstances; or

(ii) the actions of, or position held by, the person or entity; and

(c) would, apart from this item, be wholly or partly invalid only because the instrument was not authorised by those regulations (as in force at the time the instrument was made or purportedly made) because of the period of time that had elapsed between:

(i) the circumstances having existed, the actions having been so taken or position having been so held; and

(ii) the proscription of the person or entity.

(2) The instrument is taken for all purposes to be, and to have always been, valid and effective.

(3) Anything done, or anything purported to have been done, by a person that would have been wholly or partly invalid except for subitem (2) is taken for all purposes to be valid and to have always been valid, despite any effect that may have on the accrued rights of any person.

(4) For the purposes of applying this item in relation to civil or criminal proceedings, this item applies in relation to:

(a) civil and criminal proceedings instituted on or after commencement; and

(b) civil and criminal proceedings instituted before commencement, being proceedings that are concluded:

(i) before commencement; or

(ii) on or after commencement.

5 Pre‑commencement instruments—exercise of discretion

(1) This item applies to an instrument (whether or not still in force), that was made or purportedly made by the Minister before commencement under regulation 6 or 6A of the Autonomous Sanctions Regulations 2011 (as in force at the time the instrument was made or purportedly made), if the instrument would, apart from this item, be wholly or partly invalid only because the Minister did not consider whether the Minister should exercise the Minister’s discretion to:

(a) designate a person or entity; or

(b) declare a person; or

(2) This item also applies to an instrument (whether or not still in force), that was made or purportedly made by the Minister before commencement under subregulation 9(3) of the Autonomous Sanctions Regulations 2011 (as in force at the time the instrument was made or purportedly made), if the instrument would, apart from this item, be wholly or partly invalid only because the Minister did not consider whether the Minister should exercise the Minister’s discretion to:

(a) declare that a specified designation of a person or entity continues to have effect; or

(b) declare that a specified declaration of a person continues to have effect; or

(3) The instrument is taken for all purposes to be, and to have always been, valid and effective.

(4) Anything done, or anything purported to have been done, by a person that would have been wholly or partly invalid except for subitem (3) is taken for all purposes to be valid and to have always been valid, despite any effect that may have on the accrued rights of any person.

(5) For the purposes of applying this item in relation to civil or criminal proceedings, this item applies in relation to:

(a) civil and criminal proceedings instituted on or after commencement; and

(b) civil and criminal proceedings instituted before commencement, being proceedings that are concluded:

(i) before commencement; or

(ii) on or after commencement.

6 Compensation for acquisition of property

(1) If:

(a) apart from this item, the operation of this Part 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); and

(b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;

the Commonwealth is liable to pay a reasonable amount of compensation to the person.

(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

[Minister’s second reading speech made in—

House of Representatives on 15 February 2024

Senate on 29 February 2024]

(17/24)

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

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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