Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) A designation made under paragraph 6(a) or 6A(1)(a), (2)(a), (4)(a), (5)(a), (8)(a) or (9)(a), regulation 7 or paragraph 8(1)(a) or (b) ceases to have effect on:
(a) if no declaration under subregulation (3) has been made in relation to the designation--the third anniversary of the day on which the designation took effect; or
(b) otherwise--the third anniversary of the making of the most recent declaration under subregulation (3) in relation to the designation.
(2) A declaration made under paragraph 6(b) or 6A(1)(b), (2)(b), (4)(b), (5)(b), (8)(b) or (9)(b) ceases to have effect on:
(a) if no declaration under subregulation (3) has been made in relation to the declaration--the third anniversary of the day on which the declaration took effect; or
(b) otherwise--the third anniversary of the making of the most recent declaration under subregulation (3) in relation to the declaration.
(3) The Minister may, by legislative instrument, declare that a designation or declaration specified in the instrument continues to have effect.
(a) make a declaration under subregulation (3) in relation to a designation made under paragraph 6(a) unless the Minister is satisfied that the person or entity to which the designation relates is mentioned in an item of the table in regulation 6; or
(b) make a declaration under subregulation (3) in relation to a designation made under paragraph 6A(1)(a) unless the Minister is satisfied that the person or entity to which the designation relates is contributing to the proliferation of weapons of mass destruction; or
(ba) make a declaration under subregulation (3) in relation to a designation made under paragraph 6A(2)(a) unless the Minister is satisfied that the person or entity to which the designation relates:
(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; or
(bb) make a declaration under subregulation (3) in relation to a designation made under paragraph 6A(4)(a) unless the Minister is satisfied that the person or entity to which the designation relates 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:
(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; or
(bc) make a declaration under subregulation (3) in relation to a designation made under paragraph 6A(5)(a) unless the Minister is satisfied that the person or entity to which the designation relates has engaged in, has been responsible for or has been complicit in an act of corruption that is serious; or
(bd) make a declaration under subregulation (3) in relation to a designation made under paragraph 6A(8)(a) unless the Minister is satisfied that the person to which the designation relates is an immediate family member of a person who is covered by a designation under paragraph 6A(4)(a) or (5)(a); or
(be) make a declaration under subregulation (3) in relation to a designation made under paragraph 6A(9)(a) unless the Minister is satisfied that the person or entity to which the designation relates 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 6A(4)(a) or (5)(a), being the act referred to in paragraph 6A(4)(a) or (5)(a); or
(c) make a declaration under subregulation (3) in relation to a designation made under regulation 7 unless the Minister is satisfied on reasonable grounds that the asset to which the designation relates is a controlled asset.
(a) subregulation (1) does not prevent the revocation, under regulation 10, of a designation; and
(b) subregulation (1) does not prevent the making, under paragraph 6(a) or 6A(1)(a), (2)(a), (4)(a), (5)(a), (8)(a) or (9)(a), regulation 7 or paragraph 8(1)(a) or (b), of a new designation that is the same in substance as another designation (whether the new designation is made or takes effect before or after the other designation ceases to have effect because of subregulation (1)); and
(c) subregulation (2) does not prevent the revocation, under regulation 10, of a declaration; and
(d) subregulation (2) does not prevent the making, under
paragraph 6(b) or 6A(1)(b), (2)(b), (4)(b), (5)(b), (8)(b) or (9)(b),
of a new declaration that is the same in substance as another declaration
(whether the new declaration is made or takes effect before or after the other
declaration ceases to have effect because of subregulation (2)).