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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2021
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
International Human Rights and
Corruption (Magnitsky Sanctions) Bill
2021
No. , 2021
(Senator Kitching)
A Bill for an Act to enable Australia to impose
sanctions to promote compliance with international
human rights law and respect for human rights or
to deter significant corruption, and for related
purposes
No. , 2021
International Human Rights and Corruption (Magnitsky Sanctions) Bill
2021
i
Contents
Part 1--Preliminary
2
1
Short title ........................................................................................... 2
2
Commencement ................................................................................. 2
3
Simplified outline of this Act ............................................................ 2
4
Definitions ......................................................................................... 3
5
Act binds the Crown .......................................................................... 3
6
Application of this Act ...................................................................... 3
Part 2--Power to make sanctions regulations
4
7
Regulations may impose sanctions .................................................... 4
8
Effect of regulations .......................................................................... 5
9
Offences ............................................................................................ 5
Part 3--Miscellaneous
6
10
Severability ........................................................................................ 6
11
Regulations ........................................................................................ 7
No. , 2021
International Human Rights and Corruption (Magnitsky Sanctions) Bill
2021
1
A Bill for an Act to enable Australia to impose
1
sanctions to promote compliance with international
2
human rights law and respect for human rights or
3
to deter significant corruption, and for related
4
purposes
5
The Parliament of Australia enacts:
6
Part 1
Preliminary
Section 1
2
International Human Rights and Corruption (Magnitsky Sanctions) Bill
2021
No. , 2021
Part 1--Preliminary
1
2
1 Short title
3
This Act is the
International Human Rights and Corruption
4
(Magnitsky Sanctions) Act 2021
.
5
2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
7
commences, or is taken to have commenced, in accordance with
8
column 2 of the table. Any other statement in column 2 has effect
9
according to its terms.
10
11
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day this Act receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
12
enacted. It will not be amended to deal with any later amendments of
13
this Act.
14
(2) Any information in column 3 of the table is not part of this Act.
15
Information may be inserted in this column, or information in it
16
may be edited, in any published version of this Act.
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3 Simplified outline of this Act
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Regulations under this Act may impose immigration, financial or
19
trade sanctions on foreign persons.
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Before regulations are made, the Minister is required to be satisfied
21
that the purpose of the regulations is:
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(a)
to provide accountability for, or be a deterrent to, gross
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violations of human rights or significant corruption; or
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Preliminary
Part 1
Section 4
No. , 2021
International Human Rights and Corruption (Magnitsky Sanctions) Bill
2021
3
(b)
to otherwise promote compliance with international
1
human rights law or respect for human right.
2
The regulations must be consistent with the obligations of
3
Australia under international law.
4
4 Definitions
5
In this Act:
6
asset
means:
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(a) an asset of any kind or property of any kind (including, to
8
avoid doubt, funds), whether tangible or intangible, movable
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or immovable, however acquired; and
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(b) a legal document or instrument in any form, including
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electronic or digital, evidencing title to, or interest in, such an
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asset or such property, including, but not limited to, bank
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credits, travellers cheques, bank cheques, money orders,
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shares, securities, bonds, debt instruments, drafts and letters
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of credit.
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Australia
, when used in a geographical sense, includes the external
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Territories.
18
foreign person
has the same meaning as in the
Foreign
19
Acquisitions and Takeovers Act 1975
.
20
5 Act binds the Crown
21
This Act binds the Crown in each of its capacities.
22
6 Application of this Act
23
(1) This Act extends to every external Territory.
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(2) This Act applies both within and outside Australia.
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Part 2
Power to make sanctions regulations
Section 7
4
International Human Rights and Corruption (Magnitsky Sanctions) Bill
2021
No. , 2021
Part 2--Power to make sanctions regulations
1
2
7 Regulations may impose sanctions
3
(1) The regulations may make provision for and in relation to
4
imposing immigration sanctions, or financial or trade sanctions, on:
5
(a) a prescribed foreign person; or
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(b) a foreign person included in a prescribed class of foreign
7
persons.
8
(2) Before the Governor-General makes a regulation for the purposes
9
of subsection (1), the Minister must be satisfied that the purpose of
10
the regulation is:
11
(a) to provide accountability for, or be a deterrent to, gross
12
violations of human rights or significant corruption; or
13
(b) to otherwise promote compliance with international human
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rights law or respect for human rights.
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(3) Regulations under subsection (1) must be consistent with:
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(a) the obligations of Australia under international law, including
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obligations under any agreement or arrangement between
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Australia and one or more other countries; and
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(b) any law of the Commonwealth giving effect to such an
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agreement.
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(4) For the purposes of subsection (1):
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(a) the regulations impose immigration sanctions on a foreign
23
person, if the regulations:
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(i) provide that an application by the person under the
25
Migration Act 1958
for a visa is not a valid application;
26
or
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(ii) permit the Minister administering the
Migration Act
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1958
to cancel a visa held by the person under that Act;
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and
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(b) the regulations impose financial or trade sanctions on a
31
foreign person, if the regulations:
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Power to make sanctions regulations
Part 2
Section 8
No. , 2021
International Human Rights and Corruption (Magnitsky Sanctions) Bill
2021
5
(i) restrict or prevent uses of, dealings with, or the making
1
available of, assets owned, held or controlled by the
2
person; or
3
(ii) restrict or prevent the supply, sale, transfer, import or
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export of goods or services by the person or to the
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person.
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8 Effect of regulations
7
(1) The regulations have effect despite any other law of the
8
Commonwealth, a State or a Territory (whether passed or made
9
before or after the commencement of this section, and whether
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written or unwritten), unless the law expressly provides otherwise.
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(2) The regulations have no effect to the extent (if any) that their
12
operation would result in an acquisition of property (within the
13
meaning of paragraph 51(xxxi) of the Constitution) from a person
14
otherwise than on just terms (within the meaning of that
15
paragraph).
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(3) To avoid doubt, this Act does not, by implication, limit the powers
17
of the Commonwealth to impose or enforce sanctions (however
18
described) under any other law of the Commonwealth.
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9 Offences
20
The regulations may prescribe penalties, of imprisonment for a
21
period not exceeding 12 months or a fine not exceeding 50 penalty
22
units, or both, for offences against the regulations.
23
Part 3
Miscellaneous
Section 10
6
International Human Rights and Corruption (Magnitsky Sanctions) Bill
2021
No. , 2021
Part 3--Miscellaneous
1
2
10 Severability
3
(1) Without limiting the effect of this Act apart from this section, this
4
Act also has effect as provided by this section.
5
(2) To avoid doubt, no subsection of this section limits the operation of
6
any other subsection of this section.
7
External affairs power
8
(3) This Act also has the effect it would have if its operation were
9
expressly confined to purposes related to giving effect to
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Australia's rights and obligations under an agreement with one or
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more countries.
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(4) This Act also has the effect it would have if its operation were
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expressly confined to purposes related to addressing matters that
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are of international concern.
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(5) This Act also has the effect it would have if each reference to a
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foreign person were expressly confined to an individual who is
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outside Australia.
18
Aliens power
19
(6) This Act also has the effect it would have if each reference to a
20
foreign person were expressly confined to an alien (within the
21
meaning of paragraph 51(xix) of the Constitution).
22
Corporations power
23
(7) This Act also has the effect it would have if each reference to a
24
foreign person were expressly confined to a corporation that:
25
(a) is described in paragraph (b) or (c) of the definition of
26
foreign person
in section 4 of the
Foreign Acquisitions and
27
Takeovers Act 1975
; and
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Miscellaneous
Part 3
Section 11
No. , 2021
International Human Rights and Corruption (Magnitsky Sanctions) Bill
2021
7
(b) is a foreign corporation, or a trading or financial corporation,
1
to which paragraph 51(xx) of the Constitution applies.
2
Nationhood power
3
(8) This Act also has the effect it would have if its operation were
4
expressly confined to purposes related to matters that are peculiarly
5
adapted to the government of a nation and that cannot otherwise be
6
carried on for the benefit of the nation.
7
Incidental power
8
(9) This Act also has the effect it would have if its operation were
9
expressly confined to purposes related to matters incidental to the
10
execution of any of the legislative powers of the Parliament or the
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executive power of the Commonwealth.
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11 Regulations
13
The Governor-General may make regulations prescribing matters:
14
(a) required or permitted by this Act to be prescribed by the
15
regulations; or
16
(b) necessary or convenient to be prescribed for carrying out or
17
giving effect to this Act.
18