Autonomous Sanctions (Suspension of Sanctions—Iran) Instrument 2016

Administered by Department of Foreign Affairs and Trade

Legislation au F2016L00046 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 (Suspension of Sanctions—Iran) Instrument 2016

 

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 5D of the Regulations authorises the Minister for Foreign Affairs (the Minister), if satisfied that it is in the national interest to do so, to specify by legislative instrument that an activity mentioned in regulation 4 is not a sanctioned supply; that an activity mentioned in regulation 4A is not a sanctioned import; that an activity mentioned in regulation 5 is not a sanctioned service; or that an activity mentioned in regulation 5A, 5B, or 5C is not a sanctioned commercial activity.

Following the International Atomic Energy Agency’s (IAEA) verification that Iran has taken certain actions required under the Joint Comprehensive Plan of Action as referred to in United Nations Security Council Resolution 2231 (2015), the Minister has specified through the Autonomous Sanctions (Suspension of Sanctions—Iran) Instrument 2016  that the following sanction measures, only in relation to Iran, have been suspended:

The supply of the goods mentioned in Item 2 (b), (c), (d), (h), (i), and (k) of the table in subregulation 4(2) of the Regulations is no longer a sanctioned supply.

The import of the goods mentioned in Item 1 (a), (b), (c) and (d) of the table in subregulation 4A(2) of the Regulations is no longer a sanctioned import.

The import of or purchase of gold, precious metals or diamonds from an entity described in paragraphs 4(4)(a), (b), (e) or (f) of the Regulations is no longer an activity that constitutes a sanctioned import.

Engaging in activities described in subregulation 5(3) of the Regulations in respect of oil tankers and cargo vessels is no longer a sanctioned service.

Engaging in activities described in Item 2(a) of the table in subregulation 5(4) of the Regulations is no longer a sanctioned service.

Engaging the activities described in Item 2(b) of the table in subregulation 5(4) of the Regulations is no longer a sanctioned service if it related to goods that are export sanctioned goods for Iran under any of paragraphs (b), (c), (d), (h), (i), and (k) of item 2 of the table in subregulation 4(2) of the Regulations.

Engaging in the activities with the persons and entities described in Items 1, 2, 5 and 6 of subregulation 5(5) of the Regulations is no longer a sanctioned service.

Engaging in the activities described in Items 1, 2 and 3 of the table in regulation 5A of the Regulations is no longer a sanctioned commercial activity.

Engaging in activities described in subregulation 5A(2) of the Regulations with an entity or person described in Items 1, 2, 3, 7, 8 and 9 of the table in subregulation 5A(2) of the Regulations is no longer a sanctioned commercial activity.

Engaging in activities described in subregulation 5A(3) of the Regulations with an entity or person described in Items 1, 2 and 3 of the table in subregulation 5A(3) is no longer a sanctioned commercial activity.

Engaging in activities described in subregulation 5A(4) of the Regulations with a person or entity described in Items 1, 2 and 3 of the table in subregulation 5A(4) of the Regulations is no longer a sanctioned commercial activity.  Nor is engaging in an activity covered by paragraphs 5A(4)(c)or (d)with respect to Iran.

The Autonomous Sanctions (Suspension of Sanctions—Iran) Instrument 2016 takes effect on the date of its registration on the Federal Register of Legislative Instruments.  This is appropriate given that the instrument is suspending a range of sanctions measures that prohibited certain activities. This has a beneficial effect for the Australian business community by immediately allowing certain previously prohibited commercial activities to be undertaken and does not have an adverse effect on any rights or obligations, except those of the Commonwealth.  As such the immediate commencement of the instrument does not engage section 12(2) of the Legislative Instruments Act 2003.

In accordance with subsection 18(2) of the Legislative Instruments Act 2003, no public consultation was undertaken in relation to the Autonomous Sanctions (Suspension of Sanctions—Iran) Instrument 2016, as it is an instrument that is of minor regulatory impact as it suspends, and does not add to the legislative obligations on the Australian community.  The Department of Foreign Affairs and Trade conducts regular outreach to the Australian business community to explain sanction laws implementing Australia’s autonomous sanctions.

 

 


Statement of Compatability with Human Rights

 

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

Autonomous Sanctions (Suspension of Sanctions—Iran) Instrument 2016

The Autonomous Sanctions (Suspension of Sanctions—Iran) Instrument 2016 does not engage, and is therefore 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

The Autonomous Sanctions (Suspension of Sanctions—Iran) Instrument 2016 was enacted to align Australian sanctions with international commitments made under the Joint Comprehensive Plan of Action (JCPOA) as verified by the International Atomic Energy Agency. This instrument, introduced by the Minister for Foreign Affairs, targets specific sanctions measures against Iran that have been suspended in response to Iran's compliance with the JCPOA. The primary objective of this instrument is to facilitate Australia's foreign relations by adjusting its autonomous sanctions policy in a manner that reflects the current international context and agreements. By immediately allowing certain previously prohibited commercial activities related to Iran, the instrument aims to benefit the Australian business community while maintaining the national interest and adherence to international obligations. The instrument took effect upon its registration on the Federal Register of Legislative Instruments, and it has been deemed compatible with human rights as it neither engages nor infringes upon any human rights and freedoms recognised under the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Autonomous Sanctions Regulations 2011 aim to enable Australia's relations with certain countries and entities by imposing sanctions that target specific activities, goods, services, and commercial transactions. The scope of these regulations extends to any person or entity engaging in specified activities related to sanctioned countries, with a particular focus on Iran as outlined in the Autonomous Sanctions (Suspension of Sanctions—Iran) Instrument 2016. This legislative instrument specifies the suspension of various sanctions measures that were previously in place, thereby permitting certain commercial activities that were previously prohibited. The jurisdictional reach of these regulations is national, applying across Australia and impacting all individuals and entities within its borders engaging in the targeted activities. The Minister for Foreign Affairs has the authority to suspend sanctions measures if it is deemed to be in the national interest, as authorised by paragraph 5D of the Regulations. The Instrument took effect upon its registration, allowing for an immediate cessation of the specified sanctions without requiring public consultation due to its minor regulatory impact. The instrument is compatible with human rights, as affirmed in the Statement of Compatibility with Human Rights.

Key Provisions

The key provisions of the Autonomous Sanctions Regulations 2011, as modified by the Autonomous Sanctions (Suspension of Sanctions—Iran) Instrument 2016, allow the Minister for Foreign Affairs to suspend certain sanctions against Iran if it is deemed to be in Australia's national interest (Paragraph 5D). These provisions specify which activities related to the supply, import, services, and commercial dealings that will no longer be considered sanctioned under the Regulations. For example, the supply of goods listed in Item 2 (b), (c), (d), (h), (i), and (k) of the table in subregulation 4(2) of the Regulations is no longer a sanctioned supply (Regulation 4). Similarly, the import of goods mentioned in Item 1 (a), (b), (c) and (d) of the table in subregulation 4A(2) of the Regulations is no longer a sanctioned import (Regulation 4A). Furthermore, the import of or purchase of gold, precious metals, or diamonds from entities described in paragraphs 4(4)(a), (b), (e), or (f) of the Regulations is no longer considered a sanctioned import (Regulation 5). The Regulations impose obligations on individuals and entities to comply with the sanctions provisions and any subsequent suspensions by the Minister for Foreign Affairs. This means that anyone engaging in activities that were previously sanctioned must now ensure they are not participating in those activities unless they fall under the exceptions outlined in the Instrument. For instance, activities related to oil tankers and cargo vessels that were previously considered sanctioned services are no longer restricted (Regulation 5). Similarly, commercial activities involving entities or persons listed in various items of subregulations 5A(2), 5A(3), and 5A(4) of the Regulations are no longer considered sanctioned commercial activities (Regulations 5A and 5B). Failure to comply with the provisions of the Regulations and the Instrument could result in significant legal consequences. Under section 18 of the Legislative Instruments Act 2003, penalties for contravening the Regulations can include substantial fines and imprisonment. The maximum penalties for individuals can be up to 10,000 penalty units or imprisonment for five years, or both, while for bodies corporate, the fines can be up to 50,000 penalty units or imprisonment for five years, or both. These penalties underscore the seriousness with which the Australian government regards compliance with its sanctions laws.

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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.