Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Zimbabwe) Amendment List 2015 (No. 1)

Administered by Department of Foreign Affairs and Trade

Legislation au F2015L00218 Not in force Legislative Instrument

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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 2015 (No.1)

 

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 a controlled asset 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.

 

Each person and entity listed in Schedule 1 of the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Zimbabwe) Amendment List 2015(No. 1) (the Zimbabwe List) was designated and each person was declared by the Minister in 2012 for the purposes of paragraph 6 (1) (a) and 6 (1) (b) of the Regulations on the basis that he, she  or it is mentioned in Item 2 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. 

 

Regulation 9 of the Regulations provides that a designation made under regulation 6(1) (a) or (2) (a) ceases to have effect on the third anniversary of the day in which the designation took effect.  The Zimbabwe List redesignates and redeclares those persons and entities that were originally designated and declared in 2012, except where those designations or declarations have been subsequently revoked.       

 

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.

 

The imposition of Australian autonomous sanctions on Zimbabwe is designed to increase pressure on Zimbabwe to turn away from political violence and human rights violations.  Although the Zimbabwe List does not implement new sanctions on additional persons or entities, it retains financial and travel restrictions that would otherwise lapse on persons and entities that engage in, or have engaged in, activities that seriously undermine democracy, respect for human rights and the rule of law in democracy in Zimbabwe.

 

Each person and entity listed in Schedule 1 of the Zimbabwe List is designated by the Minister for the purposes of paragraph 6 (1) (a) of the Regulations, and each  person is  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 2 of the table in regulation 6.

 

The legal framework for the imposition of autonomous sanctions by Australia, of which the Regulations and the Zimbabwe List are part, has been the subject of extensive consultation with governmental and non-governmental stakeholders since May 2010. 

 

The Department of Foreign Affairs and Trade (the Department) conducts ongoing public consultations, including with the Australian financial services sector and broader business community, in relation to these types of measures.  Relevant Commonwealth Government departments were consulted prior to the drafting of this legislative instrument.  

 

The Department undertook public consultation through its website, and notified  registered users of the Department’s Online Sanctions Administration System, seeking submissions from interested parties and to afford natural justice to those persons and entities whose designations or declarations are being reviewed.  No submissions were received in response to these consultations.

 

 

 


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 2015 (No. 1)

 

The Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Zimbabwe) Amendmetn List 2015 (No. 1) (the Zimbabwe 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.

 

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.

 

The Department of Foreign Affairs and Trade (DFAT) undertook public consultation through its website, and email out to registered users of DFAT’s Online Sanctions Administration System, seeking submissions from interested parties and to afford natural justice to those persons and entities whose designations or declarations were to lapse and were being reviewed.  No submissions were received.

 

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.

 

 

Overview

The Autonomous Sanctions Regulations 2011, enacted by the Australian government, aim to facilitate Australia's relations with certain countries and specific entities or persons by imposing autonomous sanctions that target those countries, entities, or persons. These regulations empower the Minister for Foreign Affairs to designate persons or entities for targeted financial sanctions and to declare individuals to prevent them from travelling to, entering, or remaining in Australia. This legislative framework is designed to exert pressure on countries like Zimbabwe to cease activities that undermine democracy, human rights, and the rule of law. The Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Zimbabwe) Amendment List 2015 (No. 1) specifically targets individuals and entities in Zimbabwe, maintaining financial and travel restrictions that would otherwise lapse. This amendment list, developed through consultations with governmental and non-governmental stakeholders, ensures that sanctions remain effective against those who seriously undermine democracy and human rights in Zimbabwe. The policy objective of these regulations is to uphold international human rights by targeting those who engage in activities detrimental to democracy and human rights. The regulations include provisions for natural justice, allowing designated persons or entities to apply for the revocation of their designation or declaration. Furthermore, these sanctions do not affect the ownership of assets but restrict their use to prevent funding of activities that undermine democratic processes and human rights. This approach ensures that sanctions are applied in a manner that respects human rights while effectively targeting those responsible for violations.

Scope and Application

The Autonomous Sanctions Regulations 2011, as amended by the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Zimbabwe) Amendment List 2015 (No. 1), apply to specific individuals and entities that have been designated or declared by the Minister for Foreign Affairs. These individuals and entities are targeted based on their involvement in activities that seriously undermine democracy, respect for human rights, and the rule of law in Zimbabwe. The regulations impose financial sanctions, including the prohibition on making assets available to or for the benefit of the designated entities or individuals, and travel restrictions that prevent them from entering or remaining in Australia. Each designation or declaration lapses three years from the date of effect unless revoked by the Minister, who has the authority to do so under the regulations. The scope of the Act is national, targeting individuals and entities outside Australia, and it extends to the financial and travel restrictions outlined in the Regulations. Subordinate instruments, such as the Zimbabwe List, provide further details on the specific persons and entities affected by these sanctions. There are no exclusions or exemptions stated within the text, but allowances are made for designated individuals and entities to meet basic living expenses and pre-existing financial obligations.

Key Provisions

The Autonomous Sanctions Regulations 2011, which were enacted to facilitate Australia's relations with specific countries and entities through the imposition of autonomous sanctions, designate certain individuals and entities as targets for these sanctions. According to paragraph 6(1)(a) of the Regulations, the Minister for Foreign Affairs can designate a person or entity if they are listed in regulation 6, subjecting them to targeted financial sanctions. This designation makes the individual or entity the subject of a prohibition against making assets available to them, unless authorised by a permit under regulation 18 (regulation 14). Similarly, paragraph 6(1)(b) allows the Minister to declare a person to prevent them from travelling to, entering, or remaining in Australia, again based on a listing in regulation 6. These designations and declarations were applied to individuals and entities in Zimbabwe under Item 2 of regulation 6, which pertains to those engaged in activities undermining democracy, human rights, and the rule of law in Zimbabwe. The obligations imposed by these Regulations on the parties and entities they govern include adherence to the prohibitions on making assets available to designated persons or entities, and preventing declared individuals from entering Australia. For designated entities, this means freezing any controlled assets, barring use or dealing with these assets unless permitted under regulation 18 (regulation 15). Additionally, the Minister has the authority to revoke these designations and declarations, as outlined in paragraph 10(1) of the Regulations. The Regulations also specify that designations and declarations lapse three years after they take effect unless otherwise revoked (regulation 9). Breaches of the prohibitions outlined in the Regulations can result in both civil and criminal penalties. The precise penalties are not specified in the explanatory statement, but the Regulations do provide a framework for judicial review of decisions made under them (regulations 6 and 11). The targeted financial sanctions do not affect the ownership of assets but restrict their use or transfer, allowing only essential expenses and pre-existing obligations to be met (regulations 18 and 20). Furthermore, the Minister has the discretion to waive the operation of a declaration on national interest or humanitarian grounds (regulation 19).

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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.