Autonomous Sanctions Amendment (Iran) Regulation 2016

Administered by Department of Foreign Affairs and Trade

Legislation au F2016L00177 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the Authority of the Minister for Foreign Affairs

 

Autonomous Sanctions Act 2011

 

Autonomous Sanctions Amendment (Iran) Regulation 2016

 

The purpose of the Autonomous Sanctions Amendment (Iran) Regulation 2016

 (the Iran Amendment Regulation) is to amend the Autonomous Sanctions Regulations 2011 to remove certain autonomous sanctions measures that Australia implements in relation to Iran, following the suspension of these measures in the Autonomous Sanctions (Suspension of Sanctions – Iran) Instrument 2016.

 

Section 28 of the Autonomous Sanctions Act 2011 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

The Autonomous Sanctions Regulations 2011 (the Principal Regulations) facilitate the conduct of Australia’s relations with certain countries, and with specific entities or persons outside Australia, through the imposition of autonomous sanctions in relation to those countries, or targeting those entities or persons.

 

The Principal Regulations impose, inter alia, an autonomous sanctions regime in relation to Iran, by prohibiting the supply of export sanctioned goods to Iran without a sanctions permit; prohibiting controlled imports from Iran; prohibiting services relating to export sanctioned goods and prohibiting certain commercial transactions with Iran. The Regulations also give the Minister for Foreign Affairs the capacity to designate persons or entities for the purposes of targeted financial sanctions and to declare persons for the purposes of travel bans.

 

The proposed Autonomous Sanctions Amendment (Iran) Regulation 2016 would remove certain autonomous sanctions measures that Australia implements in relation to Iran, following the suspension of these measures in the Autonomous Sanctions (Suspension of Sanctions - Iran) Instrument 2016. This suspension was implemented following Implementation Day (16 January 2016), as a result of the assessment by the International Atomic Energy Agency that Iran had modified its domestic nuclear facilities to the extent required by the Joint Comprehensive Plan of Action.

 

In accordance with subsection 18 (2) of the Legislative Instruments Act 2003, no public consultation was undertaken in relation to the proposed Regulation, as it is an instrument that is of minor regulatory impact. The Department of Foreign Affairs and Trade conducts regular outreach to the Australian business community to explain Australian sanctions laws.

 

Details of the Iran Amendment Regulation are set out in the Attachment.

 

 

 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Autonomous Sanctions Amendment (Iran) Regulation 2016

 

 

The Autonomous Sanctions Amendment (Iran) Regulation 2016 (the Iran Amendment Regulation) is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

In summary, Amendment Regulation amends the Autonomous Sanctions Regulations 2011 by removing sanctions on certain imports, exports, services and commercial activities with Iran, as a result of the assessment by the International Atomic Energy Agency that Iran had modified its domestic nuclear facilities to the extent required by the Joint Comprehensive Plan of Action.

 

The Amendment Regulation does not engage any of Australia’s international human rights obligations it repeals sanctions formerly imposed on certain imports, exports, services and commercial activities with Iran, where previously dealing in such goods and services was prohibited. Accordingly, this Amendment Regulation is consistent with Australia’s international human rights obligations and has no adverse implications for Australia’s compliance with such obligations. 

 

Remaining sanctions are related to prohibitions on the export of arms and related materiel and certain nuclear-related material and the capacity to designate persons or entities for the purposes of targeted financial sanctions and to declare persons for the purposes of travel bans.

 

This Legislative Instrument is compatible with human rights because it does not raise any human rights issues.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ATTACHMENT

 

Details of the Autonomous Sanctions Amendment (Iran) Regulation 2016

 

Section 1 – Name of Regulation

Section 1 would provide that the name of the regulation is the Autonomous Sanctions Amendment (Iran) Regulation 2016

 

Section 2 – Commencement

Section 2 would provide that the regulation commences on the day after it is registered.

 

Section 3 – Authority

Section 3 would provide that the regulation is made under the Autonomous Sanctions Act 2011.

 

Section 4 – Schedules

Section 4 would insert that ‘each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms’.

 

Schedule 1 – Amendments

Schedule 1 would insert the following Amendments to the Autonomous Sanctions Regulations 2011

 

1        Regulation 3 (definition of Australia Group Common Control Lists)

Repeal the definition.

 

2  Subregulation 4(2) (table item 2, paragraphs (b), (c), (d), (h), (i) and (k))

Repeal the paragraphs.

 

3  Paragraphs 4(4)(a) and (b)

Repeal the paragraphs.

 

4  Paragraphs 4(4)(e) and (f)

Omit “paragraphs (a) to (d)”, substitute “paragraph (c) or (d)”.

 

5  Subregulation 4A(2) (table item 1)

Repeal the item.

 

6  Paragraphs 4A(4)(a) and (b)

Repeal the paragraphs.

 

7  Paragraphs 4A(4)(e) and (f)

Omit “paragraphs (a) to (d)”, substitute “paragraph (c) or (d)”.

 

8  Subregulation 5(3)

Repeal the subregulation.

 

9  Subregulation 5(4) (table item 2)

Repeal the item, substitute:

 

2

Iran

The manufacture, maintenance or use of an export sanctioned good for Iran.

 

 

10  Subregulation 5(5) (table items 1 and 2)

Repeal the items.

 

11  Subregulation 5(5) (table item 5)

Omit “any of items 1 to 4”, substitute “item 3 or 4”.

 

12  Subregulation 5(5) (table item 6)

Omit “items 1 to 5”, substitute “items 3 to 5”.

 

13  Subregulation 5A (heading)

Repeal the heading, substitute:

5A  Sanctioned commercial activity—Syria

 

14  Subregulation 5A(1) (table items 1 to 3)

Repeal the items.

 

15  Subregulation 5A(2) (table items 1 to 3)

Repeal the items.

 

16  Subregulation 5A(2) (table items 7 to 9)

Omit “items 1 to 6”, substitute “items 4 to 6”.

 

17  Subregulation 5A(3) (table items 1 to 3)

Repeal the items.

 

18  Paragraphs 5A(4)(c) and (d)

Omit “Iran or”.

 

19  Subregulation 5A(4) (table items 1 to 3)

Repeal the items.

 

20  Subregulation 6(1) (table item 4)

Omit “1803 or 1929”, substitute “1803, 1929 or 2231”.

 

 

Overview

The Autonomous Sanctions Act 2011 was enacted to provide the legal framework for Australia's imposition of autonomous sanctions, which are sanctions implemented by Australia independently of any international or regional body. The Act enables the Australian government to target specific countries, entities, or individuals through measures such as prohibiting trade, travel, and financial transactions. This legislation is essential for Australia to address global issues such as proliferation of weapons of mass destruction, terrorism, and serious human rights abuses. The Autonomous Sanctions Amendment (Iran) Regulation 2016 was introduced by the Minister for Foreign Affairs to amend the Autonomous Sanctions Regulations 2011, following the suspension of certain autonomous sanctions measures against Iran in light of the Joint Comprehensive Plan of Action. This amendment removes specific sanctions related to imports, exports, services, and commercial activities with Iran, reflecting the changed international context and the International Atomic Energy Agency's assessment of Iran's compliance with its nuclear obligations. The regulation aims to align Australian sanctions policy with international developments, facilitating more normalised relations with Iran while maintaining targeted measures in certain sensitive areas.

Scope and Application

The Autonomous Sanctions Amendment (Iran) Regulation 2016 amends the Autonomous Sanctions Regulations 2011 to remove certain autonomous sanctions measures that Australia had implemented in relation to Iran. This amendment follows the suspension of these measures as a result of the International Atomic Energy Agency's assessment that Iran had modified its domestic nuclear facilities in accordance with the Joint Comprehensive Plan of Action. The Autonomous Sanctions Act 2011 provides the legislative framework for these autonomous sanctions, and the regulations under this Act facilitate Australia's relations with specific countries or entities by imposing sanctions. The Autonomous Sanctions Regulations 2011, in particular, targeted Iran with measures such as prohibiting the supply of export-sanctioned goods, controlled imports, services related to such goods, and certain commercial transactions. The Iran Amendment Regulation repeals these measures, effectively lifting the sanctions previously imposed on trade and services with Iran, except for specific restrictions related to the export of arms, certain nuclear-related materials, and the capacity for financial sanctions and travel bans on designated individuals. The regulation applies to all persons and entities within Australia and Australian territory, as well as to any Australian citizens or entities wherever located, ensuring that the sanctions measures are enforceable across the Commonwealth. This amendment reflects Australia's alignment with international efforts and assessments concerning Iran's nuclear activities.

Key Provisions

The Autonomous Sanctions Amendment (Iran) Regulation 2016 (Iran Amendment Regulation) amends the Autonomous Sanctions Regulations 2011 (Principal Regulations) to remove certain sanctions measures that Australia had previously implemented in relation to Iran. This follows the suspension of these measures in the Autonomous Sanctions (Suspension of Sanctions – Iran) Instrument 2016, which was enacted after the International Atomic Energy Agency confirmed that Iran had met the requirements of the Joint Comprehensive Plan of Action by modifying its domestic nuclear facilities (Section 1, 2). The changes made by the Iran Amendment Regulation include repealing definitions and specific subregulations that previously restricted imports, exports, services, and commercial transactions with Iran (Schedule 1, items 1-20). These repealed provisions primarily targeted goods and services that were previously subject to sanctions, effectively lifting the restrictions on such activities. The obligations imposed by the Principal Regulations on entities and individuals include adhering to the export and import restrictions, refraining from providing services related to sanctioned goods, and avoiding certain commercial transactions with Iran unless authorised by a permit. The Minister for Foreign Affairs also had the authority to designate persons or entities for targeted financial sanctions and to declare persons for the purposes of travel bans (Section 4, 5, 5A). The Iran Amendment Regulation removes these obligations for the specific activities outlined in the repealed provisions, thereby allowing previously restricted transactions to resume unless they fall under the remaining sanctions related to arms, nuclear-related material, or the authority to designate individuals or entities for financial sanctions and travel bans. The Act and the Regulations do not explicitly detail specific offences, penalties, or civil/criminal consequences for breaches of the repealed sanctions provisions. However, general provisions within the Autonomous Sanctions Act 2011 and the Principal Regulations likely apply to any breaches, which could include substantial fines and imprisonment. For example, unauthorised dealings in export sanctioned goods, controlled imports, or prohibited services might still attract penalties under the remaining provisions of the Act and Regulations. Given the nature of sanctions laws, non-compliance could also lead to reputational damage and other indirect consequences for entities involved in international trade.

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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.