Part 2, Division 1 · Autonomous Sanctions Act 2011

Contents

Division 1 · Making and effect of regulations

10Regulations may apply sanctions#

(1)The regulations may make provision relating to any or all of the following:

(a)proscription of persons or entities (for specified purposes or more generally);

(b)restriction or prevention of uses of, dealings with, and making available of, assets;

(c)restriction or prevention of the supply, sale or transfer of goods or services;

(d)restriction or prevention of the procurement of goods or services;

(e)provision for indemnities for acting in compliance or purported compliance with the regulations;

(f)provision for compensation for owners of assets that are affected by regulations relating to a restriction or prevention described in paragraph (b).

(2)Before the Governor-General makes regulations for the purposes of subsection (1), the Minister must be satisfied that the proposed regulations:

(a)will facilitate the conduct of Australia’s relations with other countries or with entities or persons outside Australia; or

(b)will otherwise deal with matters, things or relationships outside Australia.

(3)Despite subsection 14(2) of the Legislation Act 2003, regulations made for the purposes of subsection (1) may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.

(4)If:

(a)under a provision of the regulations, the Minister has a power to make a legislative instrument relating to the proscription of persons or entities other than by reference to one or more particular countries; and

(b)under that provision, the Minister proposes to make a legislative instrument proscribing one or more persons or entities;

then before making the instrument:

(c)the Minister must consult the Attorney-General and obtain the Attorney-General’s agreement in writing to the making of the instrument; and

(d)the Minister must consult such other Ministers as the Minister considers appropriate.

(5)If:

(a)under the regulations, the Minister has made a legislative instrument proscribing one or more persons or entities other than by reference to one or more particular countries; and

(b)under the regulations, the Minister proposes to make another legislative instrument continuing the effect of the proscription, or revoking the proscription, of one or more of those persons or entities;

then before making the other instrument:

(c)the Minister must consult the Attorney-General and obtain the Attorney-General’s agreement in writing to the making of the other instrument; and

(d)the Minister must consult such other Ministers as the Minister considers appropriate.

(6)If, under a provision of the regulations, the Minister has a power to make a legislative instrument, the Minister must not, under the regulations, delegate that power to another person.

10AProscription of persons or entities relating to past circumstances, actions or positions#

Without limiting subsection 10(1), regulations made for the purposes of paragraph 10(1)(a) may make provision relating to the proscription of persons or entities (for specified purposes or more generally) on the basis of:

(a)specified circumstances; or

(b)the actions of, or position held by, those persons or entities;

regardless of the period of time that has elapsed since the circumstances existed, the actions were so taken or position was so held.

11Regulations may have extraterritorial effect#

(1)The regulations may be expressed to have extraterritorial effect.

(2)If they are so expressed, they have effect accordingly, and so does Division 2 of this Part.

12Effect of regulations on earlier Commonwealth Acts and on State and Territory laws#

The regulations have effect despite:

(a)an Act enacted before the commencement of this section; or

(b)an instrument made under such an Act (including such an instrument made at or after that commencement); or

(c)a law of a State or Territory; or

(d)an instrument made under such a law.

13Later Acts not to be interpreted as overriding this Part or the regulations#

(1)An Act enacted at or after the commencement of this section is not to be interpreted as:

(a)amending or repealing, or otherwise altering the effect or operation of, a provision of this Part or of the regulations; or

(b)authorising the making of an instrument amending or repealing, or otherwise altering the effect or operation of, a provision of this Part or of the regulations.

(2)Subsection (1) does not affect the interpretation of an Act so far as that Act provides expressly for that Act, or for an instrument made under that Act, to have effect despite this Act, despite the regulations, or despite a specified provision of this Act or of the regulations.

Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.