Autonomous Sanctions (Sanctioned Vessels – Democratic People's Republic of Korea) Designation 2015

Administered by Department of Foreign Affairs and Trade

Legislation au F2015L00078 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 (Sanctioned Vessels – Democratic People’s Republic of Korea) Designation 2015

 

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 8 (1) (a) of the Regulations authorises the Minister for Foreign Affairs (the Minister), by legislative instrument, to designate a vessel as a sanctioned vessel for a country mentioned in the designation. Paragraph 8 (4) of the Regulations authorises the Foreign Minister to direct a sanctioned vessel to leave Australia, including by a particular route; or not enter a particular port or place, or any port or place, in Australia. The Foreign Minister must have regard to Australia’s obligations at international law in giving the direction. Paragraph 17 of the Regulations authorises the forfeiture of the sanctioned vessel if a direction is given to the sanctioned vessel under subregulation 8(4) and the sanctioned vessel contravenes the direction.

 

Each vessel listed in Schedule 1 of the Autonomous Sanctions (Sanctioned Vessels – Democratic People’s Republic of Korea) Designation 2015 (the DPRK Sanctioned Vessel List) is designated by the Minister for the purposes of paragraph 8 (1) (a) of the Regulations. The Democratic People’s Republic of Korea (DPRK) is a country mentioned in an item of the table in regulation 6, and each vessel listed in Schedule 1 of the DPRK Sanctioned Vessels List is owned, controlled or managed by a designated entity that the Minister is satisfied is associated with the DPRK’s weapons of mass destruction program or missiles program. 

 

The corresponding authority for the Minister to revoke designations made under regulation 8 is found in paragraph 10 (1) (a) of the Regulations. Sub-regulations 10 (2) and (5) provides that the Minister may revoke a designation on the Minister’s initiative, or on application.

 

The imposition of further Australian autonomous sanctions is designed to increase pressure on the DPRK to comply with its nuclear non-proliferation and missile program consistent with United Nations Security Council resolutions, and to engage in serious negotiations on its nuclear and missile programs.  The new sanctions allow the Foreign Minister to give directions to 18 sanctioned vessels, owned or controlled by a DPRK company that is a designated entity under the Regulations or the Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) Regulations 2008 and which is associated with the DPRK’s missile proliferation activities.

 

The legal framework for the imposition of autonomous sanctions by Australia, of which the Regulations and the DPRK Sanctioned Vessels 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 business community, in relation to these types of measures.  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 entry into Australian ports of the vessels specified in the DPRK Sanctioned Vessels List, the Department 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 Compatibility with Human Rights

 

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

 

Autonomous Sanctions (Sanctioned Vessels – Democratic People’s Republic of Korea) List 2015 (No 1)

 

The Autonomous Sanctions (Sanctioned Vessels – Democratic People’s Republic of Korea) List 2015 (No 1) (the Sanctioned Vessels 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 owner of a sanctioned vessel, or the person who controls a sanctioned vessel, may apply to the Minister for the revocation of the designation under paragraph 11 (1) (d) and (e) of the Regulations.  Decisions under both paragraphs 8 and 11 of the Regulations are judicially reviewable.

 

The designation of a vessel under paragraph 8 (1) (a) of the Regulations does not affect title to the vessel by its owner, or the person under whose control it is. A sanctioned vessel can however be forfeited to the Commonwealth under paragraph 17 of the Regulations if a direction is given to the vessel pursuant to paragraph 8 (4), and the vessel contravenes the direction.  This paragraph does not apply if the contravention is necessary to secure the safety of the vessel or human life, or is authorised or required under Part IIIAAA of the Defence Act 1903.  

 

 

 

 

Overview

The Autonomous Sanctions Regulations 2011, enacted to establish a legal framework for Australia to impose autonomous sanctions on certain countries and entities, target the Democratic People's Republic of Korea (DPRK) by specifically designating vessels associated with its weapons of mass destruction and missile programs. This legislative instrument was introduced by the Australian Parliament to address the issue of proliferation of weapons of mass destruction and ballistic missile technology by imposing sanctions that align with international obligations under United Nations Security Council resolutions. The Autonomous Sanctions (Sanctioned Vessels – Democratic People’s Republic of Korea) Designation 2015, made under the authority of the Regulations, aims to increase pressure on the DPRK to comply with international non-proliferation efforts and engage in meaningful negotiations regarding its nuclear and missile programs. The policy objective is to prevent these sanctioned vessels from entering Australian ports, thereby enforcing the sanctions regime and contributing to global security efforts.

Scope and Application

The Autonomous Sanctions Regulations 2011, supplemented by the Autonomous Sanctions (Sanctioned Vessels – Democratic People’s Republic of Korea) Designation 2015, apply to vessels owned, controlled, or managed by entities or persons associated with the Democratic People's Republic of Korea's weapons of mass destruction or missiles program. Specifically, the Regulations empower the Minister for Foreign Affairs to designate vessels as sanctioned vessels and to direct these vessels to leave Australian waters or prohibit them from entering Australian ports. This legislative framework is designed to facilitate Australia's international relations by imposing autonomous sanctions in alignment with Australia's obligations under international law, particularly in relation to the DPRK. The Regulations also provide mechanisms for the revocation of vessel designations and allow for the forfeiture of sanctioned vessels that contravene the Minister's directions, except in cases where such actions are necessary for safety or are authorised under the Defence Act 1903. The Regulations extend to all relevant vessels within Australian jurisdiction and can be further defined or modified through subordinate instruments.

Key Provisions

The main operative sections of the Autonomous Sanctions Regulations 2011, as applied by the Autonomous Sanctions (Sanctioned Vessels – Democratic People’s Republic of Korea) Designation 2015, empower the Minister for Foreign Affairs to designate vessels associated with the Democratic People’s Republic of Korea’s weapons of mass destruction or missile programs as sanctioned vessels (paragraph 8(1)(a)). This designation can include the authority to direct these vessels to leave Australian waters or to avoid entering certain Australian ports (paragraph 8(4)). Furthermore, the Regulations allow for the forfeiture of the vessel if it disobeys these directions, except when necessary for safety reasons or under specific Defence Act provisions (paragraph 17). The Regulations also permit the Minister to revoke these designations either on their own initiative or in response to an application (paragraphs 10(1)(a), 10(2), and 10(5)). Owners or controllers of designated vessels can apply for the revocation of the designation (paragraph 11(1)(d) and (e)). The obligations imposed on parties by the Regulations include compliance with directions issued by the Minister for Foreign Affairs concerning the movement of sanctioned vessels. This means that designated vessels must adhere to any directives to leave Australian waters or avoid entering specific ports. Failure to comply with these directions can result in the vessel being forfeited to the Commonwealth. Additionally, the Regulations require the Minister to consider Australia’s international obligations when issuing directions to sanctioned vessels. The Regulations also provide for judicial review of decisions made under the Regulations, ensuring that the processes are transparent and accountable. The Regulations establish several consequences for non-compliance with the directions issued to sanctioned vessels. The primary civil consequence is the forfeiture of the vessel to the Commonwealth if it disobeys a direction, as outlined in paragraph 17. This penalty is intended to deter non-compliance and enforce the sanctions regime. Additionally, the Regulations ensure that any decision made under the authority granted by the Regulations can be subject to judicial review, providing a mechanism for challenging the legality and appropriateness of any actions taken under the Regulations. The Regulations are also designed to be compatible with Australia’s international human rights obligations, as confirmed by the Statement of Compatibility with Human Rights.

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International Law
Sanctions Law
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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.