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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Autonomous Sanctions Amendment
(Thematic Sanctions) Bill 2021
No. , 2021
(Foreign Affairs)
A Bill for an Act to amend the Autonomous
Sanctions Act 2011, and for related purposes
No. , 2021
Autonomous Sanctions Amendment (Thematic Sanctions) Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Autonomous Sanctions Act 2011
3
No. , 2021
Autonomous Sanctions Amendment (Thematic Sanctions) Bill 2021
1
A Bill for an Act to amend the Autonomous
1
Sanctions Act 2011, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Autonomous Sanctions Amendment (Thematic
5
Sanctions) Act 2021
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Autonomous Sanctions Amendment (Thematic Sanctions) Bill 2021
No. , 2021
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
No. , 2021
Autonomous Sanctions Amendment (Thematic Sanctions) Bill 2021
3
Schedule 1--Amendments
1
2
Autonomous Sanctions Act 2011
3
1 Section 3 (heading)
4
Repeal the heading, substitute:
5
3 Objects of this Act
6
2 Section 3
7
Before "The", insert "(1)".
8
3 Section 3
9
Omit "purposes", substitute "objects".
10
4 At the end of section 3
11
Add:
12
Country-specific sanctions
13
(2) Without limiting subsection (1), the autonomous sanctions may
14
address matters that are of international concern in relation to one
15
or more particular foreign countries.
16
Thematic sanctions
17
(3) Without limiting subsection (1), the autonomous sanctions may
18
address one or more of the following:
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(a) the proliferation of weapons of mass destruction;
20
(b) threats to international peace and security;
21
(c) malicious cyber activity;
22
(d) serious violations or serious abuses of human rights;
23
(e) activities undermining good governance or the rule of law,
24
including serious corruption.
25
5 Subsection 6(1)
26
Omit "For a purpose stated in section 3", substitute "For the purpose of
27
furthering the main objects of this Act".
28
Schedule 1
Amendments
4
Autonomous Sanctions Amendment (Thematic Sanctions) Bill 2021
No. , 2021
6 At the end of section 10
1
Add:
2
(4) If:
3
(a) under a provision of the regulations, the Minister has a power
4
to make a legislative instrument relating to the proscription
5
of persons or entities other than by reference to one or more
6
particular countries; and
7
(b) under that provision, the Minister proposes to make a
8
legislative instrument proscribing one or more persons or
9
entities;
10
then before making the instrument:
11
(c) the Minister must consult the Attorney-General and obtain
12
the Attorney-General's agreement in writing to the making of
13
the instrument; and
14
(d) the Minister must consult such other Ministers as the
15
Minister considers appropriate.
16
(5) If:
17
(a) under the regulations, the Minister has made a legislative
18
instrument proscribing one or more persons or entities other
19
than by reference to one or more particular countries; and
20
(b) under the regulations, the Minister proposes to make another
21
legislative instrument continuing the effect of the
22
proscription, or revoking the proscription, of one or more of
23
those persons or entities;
24
then before making the other instrument:
25
(c) the Minister must consult the Attorney-General and obtain
26
the Attorney-General's agreement in writing to the making of
27
the other instrument; and
28
(d) the Minister must consult such other Ministers as the
29
Minister considers appropriate.
30
(6) If, under a provision of the regulations, the Minister has a power to
31
make a legislative instrument, the Minister must not, under the
32
regulations, delegate that power to another person.
33
Amendments
Schedule 1
No. , 2021
Autonomous Sanctions Amendment (Thematic Sanctions) Bill 2021
5
7 Application provisions
1
(1)
The amendment of subsection 6(1) of the
Autonomous Sanctions Act
2
2011
made by this Schedule applies in relation to a legislative
3
instrument that is made on or after the commencement of this item.
4
(2)
Paragraph 10(4)(b) of the
Autonomous Sanctions Act 2011
, as added by
5
this Schedule, applies in relation to a legislative instrument that is
6
proposed to be made on or after the commencement of this item.
7
(3)
Paragraph 10(5)(a) of the
Autonomous Sanctions Act 2011
, as added by
8
this Schedule, applies in relation to a legislative instrument that is made
9
before, on or after the commencement of this item.
10
(4)
Paragraph 10(5)(b) of the
Autonomous Sanctions Act 2011
, as added by
11
this Schedule, applies in relation to a legislative instrument that is
12
proposed to be made on or after the commencement of this item.
13