Autonomous Sanctions (Designated Persons and Entities and Declared Persons - Zimbabwe) Amendment List 2013 (No. 2)

Administered by Department of Foreign Affairs and Trade

Legislation au F2013L00857 Not in force Legislative Instrument

Legislation content

Explanatory Statement

 

 

Issued by the authority of the Minister for Foreign Affairs

 

Autonomous Sanctions Regulations 2011

 

Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Zimbabwe) Amendment List 2013 (No. 2)

 

The Autonomous Sanctions Regulations 2011 (the Regulations) commenced on
15 December 2011.  The purpose of the Regulations is to 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.

 

Paragraph 6 (1) (a) of the Regulations authorises the Minister for Foreign Affairs (the Minister), by legislative instrument, to designate a person or entity on the basis that the person or entity is mentioned in an item of the table in regulation 6.  The purpose of such a designation is to subject the designated person or entity to targeted financial sanctions.  The designated person or entity becomes the object of the prohibition in regulation 14 (which prohibits directly or indirectly making an asset available to, or for the benefit of, a designated person or entity, other than as authorised by a permit granted under regulation 18).  An asset owned or controlled by a designated person or entity is a “controlled asset”, subject to the prohibition in regulation 15 (which requires a person who holds an asset that is owned or controlled by a designated person or entity to freeze that asset, by prohibiting that person from either using or dealing with that asset, or allowing it to be used or dealt with, or facilitating the use of or dealing with it, other than as authorised by a permit granted under regulation 18).

 

Paragraph 6 (1) (b) of the Regulations authorises the Minister, by legislative instrument, to declare a person for the purpose of preventing the person from travelling to, entering or remaining in Australia on the basis that the person is mentioned in an item of the table in regulation 6.

 

The persons designated and declared by the Minister for the purpose of Australia’s autonomous sanctions in relation to Zimbabwe are listed in the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Zimbabwe) List 2012 (the List).

 

The corresponding authority for the Minister to revoke designations and declarations made under regulation 6 is found in paragraph 10 (1) (a) (for designations) and

paragraph 10 (1) (b) (for declarations) of the Regulations. Sub-regulation 10 (2) provides that the Minister may revoke a designation or declaration on the Minister’s initiative.

 

On 7 February 2013 the Minister for Foreign Affairs announced a three-step process for the progressive removal of autonomous sanctions against Zimbabwe, with each step linked to the achievement of political milestones. When these milestones are achieved, the Minister will revoke designations and declarations in relation to individuals whom the Government considers are not hindering the political reform process in Zimbabwe and are not involved in human rights abuses.

 

The first easing of Australia’s autonomous sanctions followed the agreement between Prime Minister Tsvangirai and President Mugabe on a draft constitutional text and the setting of a referendum date for 16 March 2013. The first tranche of reductions to the List came into effect on 15 March 2013 with the commencement of the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Zimbabwe) Amendment List 2013.

 

In recognition of Zimbabwe’s successful conduct of a peaceful and credible constitutional referendum, the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Zimbabwe) Amendment List 2013 (No. 2) (the Amendment List) gives effect to the second easing of Australia’s autonomous sanctions. The Amendment List further reduces the list of individuals and entities subject to autonomous sanctions and continues the three-step process for the removal of autonmous sanctions against Zimbabwe.  

 

Each person and entity listed in Schedule 1 of the Amendment List remains designated by the Minister for the purposes of paragraph 6 (1) (a) of the Regulations and declared by the Minister for the purposes of paragraph 6 (1) (b) of the Regulations, on the basis that he, she or it is mentioned in Item 8 of the table in regulation 6: that is, a person or entity that the Minister is satisfied is engaged in, or has engaged in, activities that seriously undermine democracy, respect for human rights and the rule of law in Zimbabwe.

 

Relevant Commonwealth Government departments were consulted prior to and during the drafting of this legislative instrument. In order to meet the policy objective of prohibiting unauthorised financial transactions involving the persons specified in the Amendment List, the Department of Foreign Affairs and Trade is satisfied that wider consultations beyond those it has already undertaken would be inappropriate (sub-sections 18 (1) and (2) (e) of the Legislative Instruments Act 2003).

 

 

Statement of Compatability with Human Rights

 

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

 

Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Zimbabwe) Amendment List 2013 (No. 2)

 

The Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Zimbabwe) Amendment List 2013 (No. 2) (Amendment List) 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.

 

The Amendment List amends the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Zimbabwe) List 2012 (the List) to give effect to the decision by the Minister for Foreign Affairs on 19 April 2013 to remove 65 individuals and three entities from Australia’s autonomous sanctions list in relation to Zimbabwe. The removal of these individuals and entities is in response to the holding of a peaceful and credible constitutional referendum in Zimbabwe on 16 March 2013, which met the second of the three political benchmarks announced by the Minister on 7 February 2013 for the progressive removal of sanctions against Zimbabwe. Australia made an initial reduction in reponse to the announcement of the date of the referendum, and will make further reductions when free and fair elections take place and a democratically-elected government takes office.

 

A person or entity subject to designation or declaration under regulation 6 of the Regulations may apply to the Minister for the revocation of those decisions (regulation 11 of the Regulations).  Decisions under both regulations 6 and 11 of the Regulations are judicially reviewable.

 

The targeted financial sanctions imposed on persons and entities designated under paragraph 6 (1) (a) of the Regulations do not affect the title to any asset owned or controlled by the designated person or entity.  A designated person or entity may continue to draw on his or her frozen assets, or receive assets from other sources, to meet basic expenses, including for foodstuffs, rent or mortgage, medicines or medical treatment, taxes, insurance premiums, public utility charges, reasonable professional fees, reimbursement of expenses associated with the provision of legal services, or fees or service charges that are in accordance with a law in force in Australia for the routine holding or maintenance of frozen assets (regulations 18 and 20 of the Regulations).

 

Similarly, a designated person or entity may draw on frozen assets they own or control to satisfy any pre-existing judicial, administrative or arbitral lien or judgement awarded to another (non-designated) person or entity, as well as to make payments required under contracts, agreements or obligations made before the date on which those assets became frozen.

 

Regulation 19 authorises the Minister to waive the operation of a declaration under regulation 6 so as to allow the person to travel to, enter or remain in Australia, either on the grounds that it would be in the national interest or on humanitarian grounds.

 

The object and purpose of the Amendment List is, inter alia, to acknowledge and support the democratic transition underway in Zimbabwe and to continue to place pressure on key decision makers in Zimbabwe to allow the full enjoyment of the rights and freedoms referred to in subsection 3 (1) of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

 

 

Overview

The Autonomous Sanctions Regulations 2011 were enacted to facilitate Australia's relations with certain countries and specific entities or persons by imposing autonomous sanctions to target these entities or persons. The objective of these sanctions is to subject designated persons or entities to financial sanctions, prohibiting the making of assets available to them, and to prevent declared persons from travelling to, entering, or remaining in Australia. The Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Zimbabwe) Amendment List 2013 (No. 2), issued by the Minister for Foreign Affairs, aims to ease the sanctions against Zimbabwe in response to the country's political milestones, such as the successful conduct of a constitutional referendum. This amendment reflects the progressive removal of sanctions and acknowledges Zimbabwe's steps towards a democratic transition. The policy objective is to support the democratic process in Zimbabwe while maintaining pressure on key decision-makers to ensure respect for human rights and the rule of law.

Scope and Application

The Autonomous Sanctions Regulations 2011 apply to persons and entities designated or declared by the Minister for Foreign Affairs, with the objective of facilitating Australia’s relations with specific countries and entities through targeted sanctions. These sanctions include prohibiting the making of assets available to, or for the benefit of, designated persons or entities, and freezing their controlled assets. Additionally, the Regulations empower the Minister to declare individuals who are then prevented from travelling to, entering, or remaining in Australia. The geographic reach of these regulations is not limited to Australia, as they target individuals and entities outside Australia. The Regulations provide for the amendment and revocation of these sanctions in response to political developments, such as the holding of a peaceful and credible constitutional referendum in Zimbabwe. The regulations extend their application through the creation of specific lists, which are amended as political milestones are met, thereby reducing the number of individuals and entities subject to sanctions. Exemptions and thresholds for basic expenses and pre-existing obligations are also included in the Regulations. The Amendment List is compatible with human rights, as it acknowledges the democratic transition in Zimbabwe and aims to support the full enjoyment of rights and freedoms as recognised in international instruments.

Key Provisions

The main operative sections of the Autonomous Sanctions Regulations 2011 (Regulations) pertain to the designation and declaration of persons and entities under section 6, the prohibition on making assets available to designated persons or entities under section 14, and the freezing of assets owned or controlled by designated persons or entities under section 15. Section 6 (1) (a) empowers the Minister for Foreign Affairs to designate a person or entity based on their inclusion in a specified table, subjecting them to targeted financial sanctions. This designation triggers the prohibition in section 14, which prevents the making of assets available to or for the benefit of a designated person or entity, except as authorised by a permit under section 18. Section 6 (1) (b) allows the Minister to declare a person to prevent them from travelling to, entering, or remaining in Australia if they are listed in the specified table. Additionally, section 15 imposes a requirement to freeze assets owned or controlled by designated persons or entities, prohibiting any use, dealing with, or facilitation of such assets, unless permitted under section 18. The Regulations impose several obligations on the parties and entities they govern. Firstly, designated persons or entities must comply with the prohibition on making their assets available, as outlined in section 14, unless authorised by a permit under section 18. This includes refraining from any transactions that could indirectly benefit them. Similarly, any person holding an asset owned or controlled by a designated person or entity must adhere to the asset-freezing requirement in section 15, which prohibits the use, dealing with, or facilitation of such assets unless authorised by a permit. Furthermore, declared persons are prohibited from travelling to, entering, or remaining in Australia, unless the Minister waives the declaration under section 19 on the grounds of national interest or humanitarian considerations. The Regulations establish clear consequences for breaches, which include both civil and criminal penalties. A person who contravenes the prohibitions in sections 14 or 15 commits an offence and is liable to a fine of up to 5,000 penalty units or imprisonment for up to five years, or both, as specified in the Regulations. These penalties underscore the seriousness of non-compliance with the autonomous sanctions regime, reinforcing the legislative intent to enforce targeted financial sanctions effectively. Additionally, the Regulations provide for the revocation of designations and declarations under section 10, allowing the Minister to remove individuals or entities from the sanctions list if they are no longer considered to be undermining democracy or human rights in Zimbabwe. This revocation process is an integral part of the regulatory framework, enabling the Minister to adapt the sanctions regime in response to political developments and human rights improvements in the targeted country.

Legal classification tags

Area of Law
International Law
Instrument
Regulation
Concepts
Offence Provisions
Enforcement Powers
Prohibited Conduct

Interactions

Authorises

All Versions

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.