Concetta Fierravanti-Wells (NSW, Liberal Party) Share this | Hansard source

by leave—As a longstanding advocate for the enactment of Magnitsky laws and the sanctions regime, I welcome today's statement and look forward to reading the full details of the government's response. These laws are important to deal with perpetrators of human rights abuse and corruption by those who transfer assets to use them in countries which are usually democratic and financially stable countries.

Following the death of lawyer Sergei Magnitsky, who was imprisoned and killed after exposing Russian treasury fraud, billionaire hedge fund manager and anticorruption activist, Bill Browder, has focused the efforts of international human rights experts and frontline organisations to advocate for targeted sanctions to be introduced, effecting tangible consequences for those individuals and their beneficiaries affected by those human rights abuses.

Magnitsky legislation has been introduced in various countries, and a recent report by the Joint Standing Committee on Foreign Affairs, Defence and Trade, of which I am a member, has recommended its enactment in Australia. In other countries, introducing targeted sanctions legislation has allowed governments to tackle this issue, using travel bans and asset seizure to prevent perpetrators from enjoying the proceeds of their crimes with impunity. Our report recommended that Australia should enact a world-leading law to apply targeted sanctions to perpetrators of serious human rights abuse and corruption to align Australia with a global movement seeking to limit opportunities for human rights abusers, corrupt officials and their beneficiaries to enjoy the proceeds of their abuses. The recommendations were aimed at strengthening our commitment to protect the human rights of people around the world, including banning entry of perpetrators to Australia and the capacity to seize assets. The challenge is that we cannot control whether perpetrators are brought to justice within their home country. But targeted sanctions legislation will make Australian places and institutions off-limits to people who have profited from unconscionable conduct. In short, a targeted sanctions regime for serious human rights abuse and corruption will close the gap of opportunity for perpetrators and stop Australia becoming a safe haven for these people.

The report of the committee followed a wide-ranging inquiry which commenced in 2019 and incorporated submissions from over 160 individuals and organisations from around the world. During the inquiry, the subcommittee heard evidence from a range of expert witnesses, including Geoffrey Robertson AO QC, who not only gave evidence in the submission and appeared as a witness but also provided a draft bill which could be used to guide implementation of recommendations in the committee's report.

Cooperation with like-minded nations on this matter has the potential to protect the human rights of countless citizens around the world. Australia is an attractive destination for investment and lifestyle, and we have the opportunity to reduce incentives for corruption and unscrupulous human rights abuses. Respect for individuals and the freedoms that underpin the Universal Declaration of Human Rights lie at the heart of the values that have enabled the global rules based order to bring increased security and prosperity to the people of so many nations in recent decades. But enacting Magnitsky laws in Australia alone is not sufficient; law enforcement authorities have to be properly resourced to undertake investigations and to implement a sanctions regime.

In an article in The Australian of 30 December 2020 titled 'We risk being a dirty money haven', Mr Robertson criticised the AFP over its failure to probe a suspected Russian mafia money-laundering operation using Australian banks, saying 'Australia risks becoming known as a soft touch for foreign criminals.' The Australian revealed that both the AFP and AUSTRAC had declined to pursue detailed evidence of the alleged crimes handed to it by billionaire human rights activist, Bill Browder, more than two years ago because of the significant resources required to investigate the matter relative to other investigations and proceedings. Mr Robertson is critical of what he alleges is a failure to do their duty and ignoring what he describes as 'probably the most momentous heist in history'. The article refers to A$4.6 million transferred into Australian banks believed to be part of a US$230 million fraud on the Russian treasury. Bank records purportedly showed that the money was paid into 11 Australian accounts from foreign accounts that received the proceeds of the fraud. I and other colleagues from the committee called upon authorities to investigate Mr Browder's evidence.

However, I also made another important point; namely, that the enactment of Magnitsky laws in Australia alone was not sufficient. Law enforcement authorities had to be properly resourced to undertake investigations and implement the sanctions regime. Indeed, it is a matter which I reinforced in a speech to the Senate on 4 February this year on the tabling of the Senate Foreign Affairs, Defence and Trade References Committee report on issues facing diaspora communities in Australia, where we also recommended the enactment of Magnitsky legislation and encouraged the government to do so as soon as possible. I stressed at the time that, if we were going to enact such legislation, we have to make sure that the agencies with the powers to enforce the legislation are adequately resourced. My speech followed the unfortunate events over the Christmas vacation period with AUSTRAC, regarding the issue of the transfer of Vatican funds. If that's the sort of basic error that an organisation like AUSTRAC was making, I think that we have to take a very serious look to ensure that all of our agencies are up to speed to be able to undertake the necessary work to enforce the regime. Having said that, the failure by the AFP and AUSTRAC to pursue the Russian money-laundering investigations reinforces my point. I have full confidence that, properly resourced, the AFP Commissioner, Reece Kershaw, and his team would properly and fully investigate the matter and provide the leadership for other agencies to cooperate and investigate what are extremely complex matters.

I conclude by saying that I welcome this statement. It is overdue, but I am pleased to see the leviathan ship of state is slowly moving. We now have to demonstrate the political fortitude necessary to pursue the perpetrators of human rights abuses and corruptions, irrespective of where they come from. Thank you.