Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Zimbabwe) Continuing Effect Declaration 2018

Administered by Department of Foreign Affairs and Trade

Legislation au F2018L00108 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) Continuing Effect Declaration 2018

 

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 Regulations) facilitate the conduct of Australia’s relations with Zimbabwe, and with specific persons or entities outside Australia, through the imposition of autonomous sanctions in relation to Zimbabwe, and through targeting those persons or entities.

 

The Regulations permit the Minister to designate a person or entity for targeted financial sanctions and/or declare a person for the purposes of a travel ban, if they satisfy a range of criteria, as set out in regulation 6.

 

The purpose of a designation is to subject the designated person or entity to targeted financial sanctions. There are two types of targeted financial sanctions under the Regulations:

 

  • 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); and/or
  • 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).

 

The purpose of a declaration is to prevent a person from travelling to, entering or remaining in Australia.

 

Designated persons and entities and declared persons in respect of Zimbabwe are listed in the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Zimbabwe) List 2012.

 

The persons listed in Schedule 1, and the entity listed in Schedule 2, of the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Zimbabwe) Continuing Effect Declaration 2018 (the Zimbabwe List) were originally designated and (where relevant) declared pursuant to subregulation 6(1) of the Regulations for Zimbabwe; 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.

 

Sections 4 and 5 of the Zimbabwe List contain the Minister’s declaration under subregulation 9(3) of the Regulations that the designations and (where relevant) the declarations of the persons and the entity listed in Schedule 1 and Schedule 2, respectively (that were originally designated and/or declared in 2012, and last renewed in 2015), continue to have effect.

 

The Zimbabwe List renews targeted financial sanctions and/or travel restrictions that would otherwise lapse on 7 persons and 1 entity, each of which the Minister is satisfied is mentioned in Item 8 of the table in subregulation 6(1) of the Regulations.

 

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 public consultations, including with the Australian financial services sector and broader business community, in relation to sanction measures.  Relevant Commonwealth Government departments were consulted prior to and during the drafting of this legislative instrument. 

 

The Department undertook public consultation through its website seeking submissions from interested parties and to afford natural justice to those persons and the entity whose designations and (where relevant) declarations were being reviewed.  No submissions were received in response to these consultations.

 

 

 


Statement of Compatibility 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) Continuing Effect Declaration 2018

 

The Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Zimbabwe) Continuing Effect Declaration 2018 (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 notified 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 and (where relevant) 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, serve to facilitate Australia's relationship with Zimbabwe and target specific individuals and entities through the imposition of autonomous sanctions. This legal framework enables the Minister for Foreign Affairs to designate individuals or entities for targeted financial sanctions and declare individuals subject to a travel ban if they meet certain criteria. The Regulations provide for two types of targeted financial sanctions: prohibiting the making of assets available to, or for the benefit of, designated persons or entities, and requiring the freezing of assets owned or controlled by these entities. The Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Zimbabwe) Continuing Effect Declaration 2018 renews sanctions against individuals and entities engaged in activities undermining democracy and human rights in Zimbabwe. This regulatory approach is consistent with human rights, allowing for judicial review and the use of frozen assets for basic expenses and pre-existing obligations. The enacting body for these regulations is the Australian Parliament, aiming to uphold international standards of democracy, human rights, and the rule of law. By targeting specific individuals and entities, the Regulations contribute to global efforts in maintaining peace and security. Public consultations were conducted to ensure transparency and fairness, although no submissions were received during the review process. This legislation reflects Australia's commitment to international cooperation in enforcing sanctions that align with human rights obligations.

Scope and Application

The Autonomous Sanctions Regulations 2011, as amended by the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Zimbabwe) Continuing Effect Declaration 2018, apply to designated persons and entities in Zimbabwe who have been identified as engaging in activities that seriously undermine democracy, respect for human rights, and the rule of law in the country. The Regulations are designed to facilitate Australia's relations with Zimbabwe by imposing targeted financial sanctions and travel bans on specific individuals and entities. This includes prohibiting the making of assets available to, or for the benefit of, designated persons or entities and requiring the freezing of assets owned or controlled by them. Furthermore, the Regulations permit the Minister to declare persons for the purposes of a travel ban, thereby preventing them from travelling to, entering, or remaining in Australia. The geographic reach of the Act is national, applying across Australia, and extends to persons and entities outside Australia who are engaged in activities that contravene the Act's objectives. The Act does not specify any exclusions or exemptions, and its application can be extended or restricted through subordinate instruments, such as the Zimbabwe List, which renews the sanctions and travel restrictions on individuals and entities listed. These individuals and entities may apply to the Minister for the revocation of their designations or declarations, and such decisions are subject to judicial review.

Key Provisions

The Autonomous Sanctions Regulations 2011 (Regulations) and the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Zimbabwe) Continuing Effect Declaration 2018 (Zimbabwe List) are central to Australia’s approach to imposing sanctions on Zimbabwe and specific individuals or entities. Section 28 of the Autonomous Sanctions Act 2011 allows the Governor-General to make regulations that are necessary to enforce the Act. The Regulations enable the Minister to designate individuals or entities for targeted financial sanctions and to declare individuals for travel bans, provided they meet certain criteria outlined in regulation 6. A designation subjects a person or entity to financial sanctions, which include prohibitions on making assets available to them (regulation 14) and freezing their assets (regulation 15). These measures can only be bypassed with a permit granted under regulation 18. Conversely, a declaration prevents a person from travelling to, entering, or remaining in Australia, as per regulation 6. The Zimbabwe List, renewed in 2018, continues to apply sanctions to eight individuals and one entity based on their involvement in activities that undermine democracy and human rights in Zimbabwe. The Regulations require the Minister to ensure that these sanctions remain in place, and they are subject to judicial review. Notably, the Regulations also allow for certain limited uses of frozen assets, such as meeting basic expenses or satisfying pre-existing legal obligations (regulations 18 and 20). The Department of Foreign Affairs and Trade (DFAT) is responsible for public consultations and ensuring that natural justice is afforded to those affected by these sanctions. The Zimbabwe List and the Regulations impose several obligations on parties, including the requirement for the Minister to review and renew sanctions periodically, and for DFAT to conduct public consultations. The Regulations also allow for applications to revoke sanctions and permit the Minister to waive travel bans on humanitarian or national interest grounds (regulation 19). These measures are designed to ensure that sanctions are applied fairly and only as necessary. Failure to comply with the Regulations can lead to civil or criminal penalties, although the specific penalties are not detailed in the text. The overall aim is to enforce sanctions effectively while balancing the need for justice and humanitarian considerations.

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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.