Senate debates

Wednesday, 1 December 2021

Bills

Autonomous Sanctions Amendment (Thematic Sanctions) Bill 2021; Second Reading

4:23 pm

Photo of James PatersonJames Paterson (Victoria, Liberal Party) Share this | Hansard source

I rise to make a contribution on the Autonomous Sanctions Amendment (Thematic Sanctions) Bill 2021 to introduce a Magnitsky-style sanctions regime for Australia. It will be a brief contribution because of the time management motion in place to ensure this and other important legislation pass tonight. A Magnitsky-style sanctions regime is an idea whose time has come and, in the current geopolitical environment, has an irresistible logic. It has in recent times become a very popular cause, and I expect it will shortly pass this chamber unanimously, but that was not always the case. It was only a few years ago that it was a very lonely cause. I'm proud to have been one of the early advocates for Magnitsky sanctions before it was my party's policy to introduce them. I recognise that there are a number of others in the chamber and in the other place who were also early supporters of this important cause, in particular Senator Kitching and of course the member for Menzies, Kevin Andrews, who did a wonderful job chairing that inquiry.

But I want to pay tribute to someone who has been recognised by others as well in this debate and who was earlier than all of us in in recognising the importance of this initiative, and that is of course the former member for Melbourne Ports, Michael Danby. Michael was publicly making the case for Magnitsky sanctions before it was cool and introduced in the previous parliament a private members' bill to legislate them. He in turn was inspired by Bill Browder and Senator John McCain, who pioneered and first instituted these sanctions in the United States, and they have since been widely adopted across the world. The sanctions were first enacted in memory of Sergei Magnitsky, who was murdered in custody in Russia, but this has since become a much wider cause for those who are oppressed all around the world.

I'm very pleased that Australia is now standing with like-minded countries, including the United States, Canada, the United Kingdom, the European Union and many others, in equipping ourselves with a vital tool to combat rising authoritarianism. It is time democracies had the ability to push back and enact a real and personal cost for those who abuse human rights and seek to reshape the international rules-based order from one that respects the freedoms of the individual to one where the power can be exercised without any restraint. No longer will human rights abusing and corrupt foreign officials be able to comfort themselves with the idea that, even if they were sanctioned by our partners, Australia could be a safe haven for their ill-gotten gains or a refuge for them to flee to. I hope that soon, in a few years time, as momentum for sanction regimes like this grows all around the world, there will be nowhere that they can seek comfort or shelter.

I am particularly pleased to see a uniquely Australian innovation in this version of a Magnitsky act. For the first time ever in the world, our act will equip us to target not only those who abuse human rights or engage in seriously corrupt conduct but also those who threaten our national interest in the cyber realm. This will become an increasingly important tool to help shape and deter our adversaries. In addition to the other measures we have at our disposal, like publicly attributing responsibility for cyberattacks, it will be particularly powerful if our allies and friends who already have Magnitsky schemes amend them to include this provision, and I encourage them to do so. Acting in concert, we can wield a powerful weapon of deterrence against those who seek to do us harm.

In conclusion, I'd like to thank the Minister for Foreign Affairs, Senator Payne, for bringing this proposal to the parliament today. It was Senator Payne who first referred this issue to the Human Rights Subcommittee of the Joint Standing Committee on Foreign Affairs and Trade, and it is Senator Payne who has brought forward this robust legislation today. In addition to the foreign relations act, which passed this time last year and which ensures that the federal government is in charge of our foreign policy—as it should be—Australia is equipping ourselves with the tools we need to defend our democracy, our sovereignty and our freedom in a dangerous world. In passing the bill tonight, and I hope in the House tomorrow, the parliament of Australia is sending a very strong message to those who would seek to bully and threaten us in seeking to change who we are. Australia is a proud liberal democracy. We will stand up for ourselves, our interests and our values on the international stage, no matter what you throw at us.

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