Autonomous Sanctions Amendment (Magnitsky-style and Other Thematic Sanctions) Act 2021

Administered by Department of Foreign Affairs and Trade

Legislation au C2021A00128 In force Act

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Autonomous Sanctions Amendment (Magnitsky‑style and Other Thematic Sanctions) Act 2021

 

No. 128, 2021

 

 

 

 

 

An Act to amend the Autonomous Sanctions Act 2011, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

4 Review of operation of amendments

Schedule 1—Amendments

Autonomous Sanctions Act 2011

 

 

 

Autonomous Sanctions Amendment (Magnitsky-style and Other Thematic Sanctions) Act 2021

No. 128, 2021

 

 

 

An Act to amend the Autonomous Sanctions Act 2011, and for related purposes

[Assented to 7 December 2021]

The Parliament of Australia enacts:

1  Short title

  This Act is the Autonomous Sanctions Amendment (Magnitsky‑style and Other Thematic Sanctions) Act 2021.

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.

8 December 2021

Note: This table relates only to the provisions of this Act as originally enacted.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  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

4  Review of operation of amendments

 (1) The Joint Standing Committee on Foreign Affairs, Defence and Trade must commence a review of the operation of the amendments made by this Act as soon as possible after the end of 3 years after this Act commences.

 (2) The Committee must prepare a written report of the review.

 (3) The Committee must table the report in each House of the Parliament.

Schedule 1—Amendments

 

Autonomous Sanctions Act 2011

1  Section 3 (heading)

Repeal the heading, substitute:

3  Objects of this Act

2  Section 3

Before “The”, insert “(1)”.

3  Section 3

Omit “purposes”, substitute “objects”.

4  At the end of section 3

Add:

Country‑specific sanctions

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

Thematic sanctions

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

 (a) the proliferation of weapons of mass destruction;

 (b) threats to international peace and security;

 (c) malicious cyber activity;

 (d) serious violations or serious abuses of human rights;

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

 (f) serious violations of international humanitarian law.

5  Subsection 6(1)

Omit “For a purpose stated in section 3”, substitute “For the purpose of furthering the main objects of this Act”.

6  At the end of section 10

Add:

 (4) If:

 (a) 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

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

then before making the instrument:

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

 (d) the Minister must consult such other Ministers as the Minister considers appropriate.

 (5) If:

 (a) 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

 (b) 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;

then before making the other instrument:

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

 (d) the Minister must consult such other Ministers as the Minister considers appropriate.

 (6) 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.

7  Application provisions

(1) The amendment of subsection 6(1) of the Autonomous Sanctions Act 2011 made by this Schedule applies in relation to a legislative instrument that is made on or after the commencement of this item.

(2) Paragraph 10(4)(b) of the Autonomous Sanctions Act 2011, as added by this Schedule, applies in relation to a legislative instrument that is proposed to be made on or after the commencement of this item.

(3) Paragraph 10(5)(a) of the Autonomous Sanctions Act 2011, as added by this Schedule, applies in relation to a legislative instrument that is made before, on or after the commencement of this item.

(4) Paragraph 10(5)(b) of the Autonomous Sanctions Act 2011, as added by this Schedule, applies in relation to a legislative instrument that is proposed to be made on or after the commencement of this item.

 

 

 

 

[Minister’s second reading speech made in—

Senate on 24 November 2021

House of Representatives on 2 December 2021]

 

(161/21)

 

Overview

The Autonomous Sanctions Amendment (Magnitsky-style and Other Thematic Sanctions) Act 2021 was enacted by the Parliament of Australia on 7 December 2021 to address the gap in Australia's autonomous sanctions regime by introducing new powers to implement Magnitsky-style and other thematic sanctions. The Act amends the Autonomous Sanctions Act 2011 by broadening the scope of autonomous sanctions to include thematic issues such as human rights abuses, corruption, and the proliferation of weapons of mass destruction. The policy objective of the Act is to further international peace and security and uphold human rights and the rule of law. The Act also introduces additional consultation requirements for the Minister when making legislative instruments related to the proscription of persons or entities under the regulations, ensuring appropriate oversight and agreement from the Attorney-General and other relevant Ministers before such instruments are made. The Joint Standing Committee on Foreign Affairs, Defence and Trade is mandated to review the operation of the amendments three years after the Act commences, with a report to be tabled in each House of Parliament.

Scope and Application

The Autonomous Sanctions Amendment (Magnitsky-style and Other Thematic Sanctions) Act 2021 amends the Autonomous Sanctions Act 2011 to broaden the scope of autonomous sanctions that may be applied by the Australian government. These sanctions now extend to address matters of international concern related to specific foreign countries, as well as thematic issues such as the proliferation of weapons of mass destruction, threats to international peace and security, malicious cyber activity, serious violations or abuses of human rights, activities undermining good governance or the rule of law, and serious violations of international humanitarian law. The Act applies to the Minister for Foreign Affairs, who is responsible for making legislative instruments to proscribe individuals or entities under the amended Act. The amendments apply to legislative instruments made on or after the commencement of the Act. The Act's reach is national, applying throughout Australia and its territories. The Act does not specify any exclusions, exemptions, or thresholds, but the scope of its application may be further defined through subordinate instruments. The Joint Standing Committee on Foreign Affairs, Defence and Trade is mandated to review the operation of the amendments three years after the Act commences.

Key Provisions

The Autonomous Sanctions Amendment (Magnitsky-style and Other Thematic Sanctions) Act 2021 amends the Autonomous Sanctions Act 2011 to expand the scope and application of autonomous sanctions. Section 3 of the 2011 Act is altered to include thematic sanctions, which target issues such as the proliferation of weapons of mass destruction, threats to international peace and security, malicious cyber activity, serious violations of human rights, activities undermining good governance or the rule of law, and serious violations of international humanitarian law. This section also allows for country-specific sanctions in cases of international concern. Additionally, section 6 is modified to ensure that sanctions are imposed to further the main objects of the Act. The Act further mandates consultation and written agreement from the Attorney-General before the Minister makes legislative instruments that proscribe persons or entities, as well as consultation with other relevant Ministers. The obligations imposed by the Act include mandatory consultations with the Attorney-General and other Ministers before making certain legislative instruments related to sanctions. It also prohibits the Minister from delegating their power to make legislative instruments to another person. The Act stipulates that these consultation requirements and the prohibition on delegation apply to legislative instruments made or proposed after the Act's commencement. The objects of the Act, now including thematic sanctions, guide the Minister’s decisions on imposing sanctions. For breaches of the Act’s requirements, such as failing to consult with the Attorney-General or improperly delegating powers, there are no explicitly stated penalties within the Act itself. However, any legislative instrument made in breach of these requirements could be subject to judicial review, and the Minister could face accountability through parliamentary processes. The Act’s focus is more on ensuring due process and appropriate consultation rather than on imposing direct penalties for breaches.

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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.