Marise Payne (NSW, Liberal Party, Minister for Foreign Affairs) Share this | Hansard source

Let me begin by acknowledging and thanking those colleagues who have spoken on the Autonomous Sanctions Amendment (Thematic Sanctions) Bill 2021 for their contributions to this very important debate. Some colleagues have been part of the policy discussion on Magnitsky-style legislation for many years, in particular colleagues who have spoken in here this afternoon. I acknowledge the chair of the Joint Standing Committee on Foreign Affairs, Defence and Trade, Senator Fawcett; the chair of the joint standing subcommittee, from the other place, Mr Kevin Andrews, and colleagues on the committee. That includes, of course, those across the parliament: Senator Rice, Senator Kitching, Senator Wong, my good friend Senator Paterson, Senator Abetz, Senator Fierravanti-Wells and many other colleagues who have contributed over time. This is an important reform. It's an important response to the Joint Standing Committee on Foreign Affairs, Defence and Trade's inquiry into the use of sanctions to target human rights abuses and violations.

Senator Paterson is right: Australia has a strong history of promoting and protecting human rights globally, supporting the international rules based order and acting for the peace and security of the international community. As a government we've used our existing country-specific autonomous sanctions regimes to those ends, whether that includes human rights violations in Syria or Russian threats to sovereignty and territorial integrity of Ukraine. Establishing new thematic sanctions will enhance the government's longstanding use of autonomous sanctions as a strategic foreign policy tool through which Australia can impose costs on and influence and deter those responsible for egregious situations of international concern, while minimising impacts on general populations.

With this reform Australia introduces Magnitsky-style sanctions. The Magnitsky movement to establish thematic sanctions addressing human rights and corruption was indeed inspired by Sergei Magnitsky, the Russian lawyer who exposed fraud committed by Russian government officials, who was arrested and imprisoned. Subjected to degrading treatment and tortured, he died in custody on 16 November 2009.

Through the advocacy of Bill Browder, whose firm Hermitage Capital Management Mr Magnitsky was advising, in 2012 the US congress passed the Magnitsky act, banning travel and freezing assets of those Russian officials responsible. Since then countries including Canada, the United States, the European Union and the United Kingdom began to create or update their respective sanctions frameworks to enable perpetrators of this egregious conduct to be sanctioned in a more timely way no matter where the conduct occurs. While that debate gathered momentum internationally, as others have said, I referred the matter for inquiry by the joint standing committee.

An increasing number of like-minded countries have joined the movement. The bill is timely for Australia. It's a reform which will mean Australia can take timely action, including with like-minded partners, where its in the national interest, in response to situations of international concern wherever they occur in the world. Denying the perpetrators and beneficiaries of egregious acts from accessing our economy is essential and ensures they cannot benefit from the freedoms our democracy and rules based society allows. This reform will, importantly, ensure that Australia does not become an isolated, attractive safe haven for such people and entities and their illegal gains.

Our government response included a commitment to introduce a new thematic cyber-regime, in addition to the regime canvassed by the committee. This additional tool will serve alongside other law enforcement and operational mechanisms to enhance Australia's responses to instances of egregious malicious cyberactivity that impact our interests. The government response also agreed to the Attorney-General being consulted in the making of thematic sanctions by the Minister for Foreign Affairs. The minister will also consult any other relevant ministers to ensure consideration of all relevant foreign policy and national interest equities. These amendments set out the executive process by which thematic sanction decisions are made, not the material on which the minister can rely. In making a listing the minister can consider any relevant material that will assist in being reasonably satisfied the criteria are met, including credible material and information obtained by non-government organisations.

The government strongly encourages public engagement on human rights and corruption issues and regular consultation with civil society, and will continue to receive suggestions for sanctions listings from a range of sources. The regulations will provide the specific criteria under which a person or entity could be sanctioned under these new thematic regimes should it be in Australia's national interests to do so. Embedding the new thematic regimes in our existing autonomous sanctions framework means that established processes and safeguards will continue to apply, not be duplicated across multiple sanctions, acts and frameworks. That's important to provide certainty and continuity for all of those who engage with our autonomous sanctions framework. This is similar to the approach taken by the United Kingdom, which does not have a standalone act and has a similar framework with regulations under an overarching act.

The government encourages public engagement on these significant issues, and we look forward to continuing to receive future recommendations from parliament and civil society on possible listings. The bill will support the ongoing role of sanctions as a primary tool of statecraft by which Australia can define, defend and demonstrate our values globally, and can support a robust international rules based order. This is a significant reform, and I thank all of those who have worked collaboratively on it. I commend the bill to the Senate.

Question agreed to.

Bill read a second time.