Commonwealth Consolidated Regulations

AUTONOMOUS SANCTIONS REGULATIONS 2011 - REG 6A

Proliferation of weapons of mass destruction

  (1)   For the purposes of paragraph   10(1)(a) of the Act, the Minister may, by legislative instrument, do either or both of the following:

  (a)   designate a person or entity as a designated person or entity if the Minister is satisfied that the person or entity is contributing to the proliferation of weapons of mass destruction;

  (b)   declare a person for the purpose of preventing the person from travelling to, entering or remaining in Australia if the Minister is satisfied that the person is contributing to the proliferation of weapons of mass destruction.

Significant cyber incidents

  (2)   For the purposes of paragraph   10(1)(a) of the Act, the Minister may, by legislative instrument, do either or both of the following:

  (a)   designate a person or entity as a designated person or entity if the Minister is satisfied that the person or entity:

  (i)   has caused, or attempted to cause, a significant cyber incident; or

  (ii)   has assisted with causing, or with attempting to cause, a significant cyber incident; or

  (iii)   has otherwise been complicit in causing, or in attempting to cause, a significant cyber incident;

  (b)   declare a person for the purpose of preventing the person from travelling to, entering or remaining in Australia if the Minister is satisfied that the person:

  (i)   has caused, or attempted to cause, a significant cyber incident; or

  (ii)   has assisted with causing, or with attempting to cause, a significant cyber incident; or

  (iii)   has otherwise been complicit in causing, or in attempting to cause, a significant cyber incident.

  (3)   For the purposes of this regulation and regulation   9, in deciding whether the Minister is satisfied that a cyber incident was, or would have been, significant, the Minister may have regard to the following matters:

  (a)   whether the conduct of the person or entity was malicious;

  (b)   in the case of a cyber incident that has occurred--whether the incident involved any of the following:

  (i)   actions that destroyed, degraded or rendered unavailable an essential service or critical infrastructure;

  (ii)   actions that resulted in the loss of a person's life, or caused serious risk of loss of a person's life;

  (iii)   theft of intellectual property, trade secrets or confidential business information for the purposes of gaining a competitive advantage for an entity or a commercial sector;

  (iv)   interference with a political or governmental process, the exercise of a political right or duty, or the functions or operations of a parliament;

  (c)   in the case of a cyber incident that has been attempted but has not occurred--whether the Minister is satisfied that, if the incident had occurred, the incident could reasonably be expected to have involved one or more of the matters mentioned in subparagraphs   (b)(i) to (iv);

  (d)   any other matters the Minister considers relevant.

Serious violations or serious abuses of human rights

  (4)   For the purposes of paragraph   10(1)(a) of the Act, the Minister may, by legislative instrument, do either or both of the following:

  (a)   designate a person or entity as a designated person or entity if the Minister is satisfied that the person or entity has engaged in, has been responsible for or has been complicit in an act that constitutes a serious violation or serious abuse of a person's:

  (i)   right to life; or

  (ii)   right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment; or

  (iii)   right not to be held in slavery or servitude or right not to be required to perform forced or compulsory labour;

  (b)   declare a person for the purpose of preventing the person from travelling to, entering or remaining in Australia if the Minister is satisfied that the person has engaged in, has been responsible for or has been complicit in an act that constitutes a serious violation or serious abuse of a person's:

  (i)   right to life; or

  (ii)   right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment; or

  (iii)   right not to be held in slavery or servitude or right not to be required to perform forced or compulsory labour.

Serious corruption

  (5)   For the purposes of paragraph   10(1)(a) of the Act, the Minister may, by legislative instrument, do either or both of the following:

  (a)   designate a person or entity as a designated person or entity if the Minister is satisfied that the person or entity has engaged in, has been responsible for or has been complicit in an act of corruption that is serious;

  (b)   declare a person for the purpose of preventing the person from travelling to, entering or remaining in Australia if the Minister is satisfied that the person has engaged in, has been responsible for or has been complicit in an act of corruption that is serious.

  (6)   For the purposes of this regulation and regulation   9, in deciding whether the Minister is satisfied that an act of corruption is serious, the Minister may have regard to the following matters:

  (a)   the status or position of the person or entity;

  (b)   the nature, extent and impact of the conduct of the person or entity;

  (c)   the circumstances in which that conduct occurred;

  (d)   any other matters the Minister considers relevant.

Conduct in whole or in part outside Australia

  (7)   The Minister must not make a designation or a declaration under subregulation   (1), (2), (4) or (5) unless the Minister is satisfied that the conduct of the person or entity concerned occurred, in whole or in part, outside Australia.

Immediate family members

  (8)   For the purposes of paragraph   10(1)(a) of the Act, the Minister may, by legislative instrument, do either or both of the following:

  (a)   designate a person as a designated person or entity if the Minister is satisfied that the person is an immediate family member of a person who is covered by a designation under paragraph   (4)(a) or (5)(a);

  (b)   declare a person for the purpose of preventing the person from travelling to, entering or remaining in Australia if the Minister is satisfied that the person is an immediate family member of a person who is covered by a declaration under paragraph   (4)(b) or (5)(b).

Persons or entities obtaining financial or other benefits

  (9)   For the purposes of paragraph   10(1)(a) of the Act, the Minister may, by legislative instrument, do either or both of the following:

  (a)   designate a person or entity as a designated person or entity if the Minister is satisfied that the person or entity has obtained a financial or other benefit as a result of the act of another person or entity who is covered by a designation under paragraph   (4)(a) or (5)(a), being the act referred to in paragraph   (4)(a) or (5)(a);

  (b)   declare a person for the purpose of preventing the person from travelling to, entering or remaining in Australia if the Minister is satisfied that the person has obtained a financial or other benefit as a result of the act of another person who is covered by a declaration under paragraph   (4)(b) or (5)(b), being the act referred to in paragraph   (4)(b) or (5)(b).