Explanatory Statement
Issued by the Authority of the Minister for Foreign Affairs
Autonomous Sanctions Regulations 2011
Autonomous Sanctions Legislation Amendment and Repeal (2025 Measures No.1) Instrument 2025
Sections 10 and 28 of the Autonomous Sanctions Act 2011 (the Act) provide that the Autonomous Sanctions Regulations 2011 (the Regulations) may make provision for autonomous sanctions, including the restriction or prevention of the supply, sale or transfer of goods or services, and the restriction or prevention of the procurement of goods or services.
The Regulations commenced on 15 December 2011, the purpose of which is to facilitate the conduct of Australia’s relations with certain countries, and with specific entities or persons outside Australia. In particular, the Regulations provide for an autonomous sanctions framework relating to Syria.
Section 16 of the Act provides that it is an offence to engage in conduct that contravenes a sanction law. A sanction law is a provision that is specified in a legislative instrument under subsection 6(1) of the Act. Pursuant to the Autonomous Sanctions (Sanction Law) Declaration 2012, the Minister has specified regulations 12, 12A, 13, 13A, 14, 15 and 16 of the Regulations as sanction law.
Sanction measures are imposed through the prohibitions set out in Part 3 of the Regulations. This includes prohibitions relating to the making of a sanctioned supply of items of a kind specified by the Minister in an instrument under regulation 4, that is not an authorised supply (regulation 12), and the making of a sanctioned import of items of a kind specified by the Minister under regulation 4A, that is not an authorised import (regulation 12A).
Item 4 of the table in subregulation 4(2) of the Regulations authorises the Minister to specify export sanctioned goods in relation to Syria. Item 2 of the table in subregulation 4A(2) of the Regulations authorises the Minister to specify import sanctioned goods in relation to Syria. The Autonomous Sanctions (Export Sanctioned Goods – Syria) Specification 2012 (Export Specifications) and the Autonomous Sanctions (Import Sanctioned Goods – Syria) Specification 2012 (Import Specifications) have previously been made for this purpose.
The purpose of this instrument is to amend the Export Specifications and repeal the Import Specifications to lift certain sanction measures relating to Syria. This is intended to support and facilitate the interim government’s transition and stability.
To achieve this objective, this instrument lifts sanctions on certain goods specified in relation to Syria’s energy sector.
The details of the amendments are set out in Attachment A.
For paragraph 15J(2)(e) of the Legislation Act 2003, no public consultation was undertaken in relation to this instrument, as it is an instrument that is of minor regulatory impact as it removes, and does not add to, the legislative obligations on the Australian community. These amendments were subject to consultation within government and there were no other persons with whom it was appropriate or reasonably practicable to undertake consultation. The Department of Foreign Affairs and Trade conducts regular outreach to the Australian regulated community to explain sanctions laws implementing Australia’s autonomous sanctions.
The Office of Impact Analysis (OIA) has advised that a Regulation Impact Statement is not required (reference: OIA25-09967).
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Autonomous Sanctions Legislation Amendment and Repeal (2025 Measures No.1) Instrument 2025
This Legislative Instrument 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.
Overview of the Legislative Instrument
Sections 10 and 28 of the Autonomous Sanctions Act 2011 (the Act) provide that the Autonomous Sanctions Regulations 2011 (the Regulations) may make provision for autonomous sanctions, including the restriction or prevention of the supply, sale or transfer of goods or services, and the restriction or prevention of the procurement of goods or services.
The Regulations commenced on 15 December 2011, the purpose of which is to facilitate the conduct of Australia’s relations with certain countries, and with specific entities or persons outside Australia. In particular, the Regulations provide for an autonomous sanctions framework relating to Syria.
Section 16 of the Act provides that it is an offence to engage in conduct that contravenes a sanction law. A sanction law is a provision that is specified in a legislative instrument under subsection 6(1) of the Act. Pursuant to the Autonomous Sanctions (Sanction Law) Declaration 2012, the Minister has specified regulations 12, 12A, 13, 13A, 14, 15 and 16 of the Regulations as sanction law.
Sanction measures are imposed through the prohibitions set out in Part 3 of the Regulations. This includes prohibitions relating to the making of a sanctioned supply of items of a kind specified by the Minister in an instrument under regulation 4, that is not an authorised supply (regulation 12), and the making of a sanctioned import of items of a kind specified by the Minister under regulation 4A, that is not an authorised import (regulation 12A).
Item 4 of the table in subregulation 4(2) of the Regulations authorises the Minister to specify export sanctioned goods in relation to Syria. Item 2 of the table in subregulation 4A(2) of the Regulations authorises the Minister to specify import sanctioned goods in relation to Syria. The Autonomous Sanctions (Export Sanctioned Goods – Syria) Specification 2012 (Export Specifications) and the Autonomous Sanctions (Import Sanctioned Goods – Syria) Specification 2012 (Import Specifications) have previously been made for this purpose.
The purpose of this instrument is to amend the Export Specifications and repeal the Import Specifications to lift certain sanction measures relating to Syria. This is intended to support and facilitate the interim government’s transition and stability.
To achieve this objective, this instrument lifts sanctions on certain goods specified in relation to Syria’s energy sector.
Human Rights Implications
This Legislative Instrument engages the right to an adequate standard of living, including food, water and housing.
Article 11 of the International Covenant on Economic, Social and Cultural Rights (the ICESCR) provides for the right to an adequate standard of living, including adequate food, clothing and housing, and to the continuous improvement of living conditions.
This Instrument positively engages Article 11 the ICESCR by lifting sanctions on the energy sector to enable rebuilding efforts in Syria, which will in turn improve the living conditions of Syrian nationals.
Conclusion
The Legislative Instrument is compatible with human rights because it promotes the protection of human rights.
Attachment A
Autonomous Sanctions Legislation Amendment and Repeal (2025 Measures No.1) Instrument 2025
Section 1
This section provides that the title of the instrument is the Autonomous Sanctions Legislation Amendment and Repeal (2025 Measures No.1) Instrument 2025.
Section 2
Subsection 2(1) provides that the whole of the 2025 Instrument commences the day after it is registered.
Subsection 2(2) is a technical provision that makes clear that any information inserted in column 3 of the table about the specific date of commencement is not part of the instrument.
Section 3
This section provides that the instrument is made under subregulations 4(2) and 4A(2) of the Autonomous Sanctions Regulations 2011 (the Regulations).
Section 4
Section 4 is a technical provision which activates the amending and repealing Schedules of the instrument. This section provides that each instrument that is specified in a Schedule to the Instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the Instrument has effect according to its terms.
Schedule 1—Amendments
Autonomous Sanctions (Export Sanctioned Goods – Syria) Specification 2012
Item 1
Section 3 of the Autonomous Sanctions (Export Sanctioned Goods – Syria) Specification 2012 (the Export Specifications) sets out the definitions of terms as they appear in the Export Specification. Items 1-11 of Schedule 1 to this instrument repeal a number of definitions set out in that section, as a consequence of the repeal of the substantive provisions in which they are used by item 12 of Schedule 1 to this instrument.
This item repeals the definition of API.
Item 2
This item repeals the definition of CAS.
Item 3
This item repeals the definition of CNG.
Item 4
This item repeals the definition of EDC.
Item 5
This item repeals the definition of EG.
Item 6
This item repeals the definition of EO.
Item 7
This item repeals the definition of GTL.
Item 8
This item repeals the definition of ISO.
Item 9
This item repeals the definition of MEG.
Item 10
This item repeals the definition of PIG.
Item 11
This item repeals the definition of PRE.
Item 12
This Item repeals Parts 1 to 4 of Schedule 1 of the Export Specification that set out goods that the Minister has specified as export sanction goods under table items 4(b) and (c) of regulation 4 of the Regulations.
The effect of this item is that if a person supplies, sells or transfers goods of the kind specified in Parts 1 to 4 of the Export Specifications, and those goods are transferred to, for use in, or for the benefit of Syria or a part of Syria, this will no longer amount to engaging in a sanctioned supply that would be prohibited by regulation 12 of the Regulations, and therefore would not amount to an offence under section 16 of the Act.
Schedule 2—Repeals
Autonomous Sanctions (Import Sanctioned Goods – Syria) Specification 2012
Item 1
This item repeals the whole of the Autonomous Sanctions (Import Sanctioned Goods – Syria) Specification 2012 (the Import Specifications).
The Import Specification lists goods specified to be import sanctioned goods for Syria under table item 2 of regulation 4A. Regulation 4A provides that a person will make a sanctioned import if the person imports or purchases import sanctioned goods from another person, or transports import sanctioned goods for a country.
The effect of this item is that if a person imports or purchases goods specified in the Import Specifications from another person, or transports those goods which are exported from or originate in Syria or a part of Syria, this will no longer amount to engaging in a sanctioned import that would be prohibited by regulation 12A of the Regulations, and therefore would not amount to an offence under section 16 of the Act.