Autonomous Sanctions (Designated Persons and Entities and Declared Persons-Zimbabwe) Amendment List 2014 [F2014L00411]-Concluded matters [2014] AUSStaCSDLM 146 (16 July 2014)

• Autonomous Sanctions (Designated Persons and Entities and Declared Persons - Zimbabwe) Amendment List 2014 [F2014L00411]

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Chapter 2

Concluded matters

This chapter lists matters previously raised by the committee and considered at its meeting on 16 July 2014. The committee has concluded its interest in these matters on the basis of responses received from ministers or relevant instrument-makers.

Correspondence relating to these matters is included at Appendix 3.

Autonomous Sanctions (Designated Persons and Entities and Declared Persons - Zimbabwe) Amendment List 2014 [F2014L00411]

Purpose	Amends the Autonomous Sanctions (Designated Persons and Entities and Declared Persons - Zimbabwe) List 2012 to give effect to the decision of the Foreign Minister to remove 26 individuals from the list of those subject to Australia's autonomous sanctions in relation to Zimbabwe
Last day to disallow	14 July 2014
Authorising legislation	Autonomous Sanctions Regulations 2011
Department	Foreign Affairs and Trade

Issue:

(a) Drafting

Section 3 of this instrument states that Schedule 1 amends the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Zimbabwe) List 2012. However, Schedule 1 of the instrument contains no amendment instruction to indicate how it amends the principal instrument. While it appears clear that the intention is that Schedule 1 of this instrument is intended to replace Schedule 1 of the principal instrument, the committee understands that standard drafting practice would be to include an amending instruction to expressly indicate this [the committee drew the matter to the attention of the minister].

MINISTER'S RESPONSE:

The Minister for Foreign Affairs advised the instrument 'was drafted in accordance with standard drafting practice for these types of instruments under the Autonomous Sanctions Regulations 2011'. The minister further advised:

On the basis of recent advice from the Office of Parliamentary Counsel and the comments of the Committee in the Monitor, DFAT has updated its drafting practices to ensure that future instruments include an express amendment instruction to indicate how the Principal Instrument will be amended.

COMMITTEE RESPONSE:

The committee thanks the minister for her response and has concluded its interest in the matter.

Issue:

(b) Insufficient description provided regarding consultation

Regarding consultation, the ES for this instrument states:

The Department of Foreign Affairs and Trade (the Department) conducts ongoing public consultations, including with the Australian financial services sector and broader business community, in relation to these types of measures. Relevant Commonwealth Government departments were consulted prior to and during the drafting of this legislative instrument.

Section 17 of the Legislative Instruments Act 2003 requires that rule-makers undertake appropriate consultation before making a proposed instrument, if an instrument is likely to have a direct, or a substantial indirect, effect on business, or if the instrument is likely to restrict competition. The committee has routinely considered that very bare or overly general descriptions of consultation, such as this, do not in fact describe the nature of the consultation undertaken, as is required by section 26 of the Legislative Instruments Act 2003 [the committee requested further information from the minister].

MINISTER'S RESPONSE:

The Minister for Foreign Affairs advised:

DFAT conducts extensive outreach on Australian sanction laws. We undertake two national outreach tours a year to major Australian cities, including open seminars for Australian businesses, financial institutions, universities and individuals. We also undertake ad hoc, tailored outreach to Australian businesses or sectors that are particularly affected by Australian sanction laws. We manage a sanctions e-mail list to notify subscribers immediately of amendments to Australian sanction laws and of updates to the Consolidated List of persons and entities designated for the purposes of all sanctions regimes.
Although DFAT has not conducted specific consultations on sanctions in relation to Zimbabwe, it does conduct regular consultations on Africa with nongovernment organisations in Australia, which have informed the Government's policy settings.

COMMITTEE RESPONSE:

The committee thanks the minister for her response and has concluded its interest in the matter.