Jordon Steele-John (WA, Australian Greens) Share this | Hansard source

by leave—I move amendments (1) and (2) on sheet 2443:

(1) Page 7 (after line 32), at the end of the Bill, add:

Schedule 2 — Thematic sanctions and other measures

Autonomous Sanctions Act 2011

1 Section 4

Insert:

civil society organisation does not include the following:

(a) a foreign government entity;

(b) a body that is carried on for the purposes of profit or gain to its individual members;

2 At the end of subsection 10(4)

Add:

; and (e) if the proposed proscription addresses a matter mentioned in paragraph 3(3)(d) or (f)—the Minister must consider any credible information provided by a civil society organisation that monitors violations or abuses of human rights or has expertise in international humanitarian law.

3 At the end of subsection 10(5)

Add:

; and (e) if the proscription addresses a matter mentioned in paragraph 3(3)(d) or (f)—the Minister must consider any credible information provided by a civil society organisation that monitors violations or abuses of human rights or has expertise in international humanitarian law.

4 At the end of section 10

Add:

(7) The regulations must prescribe one or more processes under which a civil society organisation may provide information to the Minister as mentioned in paragraphs (4)(e) and (5)(e).

(8) Without limiting subsection (7), the regulations may provide for any of the following:

(a) the Minister to convene regular meetings with civil society organisations;

(b) the Minister to convene such other meetings with civil society organisations as are necessary to respond to an international crisis;

(c) opportunities for civil society organisations to provide information in confidence to the Minister;

(d) the development of strategies and guidelines for ministerial and departmental engagement with civil society organisations.

5 Before section 28

Insert:

27A Annual report on sanctions

(1) The Minister must prepare a report on the autonomous sanctions applied under this Act during each calendar year.

(2) The Minister must table a copy of the report in each House of the Parliament within 15 sitting days of that House after the end of the calendar year to which the report relates.

6 Application of amendment

Section 27A of the Autonomous Sanctions Act 2011, as inserted by this Schedule, applies in relation to calendar years beginning on or after the commencement of this item.

(2) Page 7 (after line 32), at the end of the Bill, add:

Schedule 3 — Amendments relating to targeted sanctions for human rights violations

Autonomous Sanctions Act 2011

1 After paragraph 3(1)(b)

insert:

(ba) require the Minister to inform the Parliament about the application of autonomous sanctions for serious violations or serious abuses of human rights; and

2 Section 4

Insert:

associated entity: an entity is an associated entity in relation to a person if:

(a) the person controls, whether alone or jointly with another person and whether directly or indirectly:

(i) at least 50% of the total value of the issued share capital of the entity; or

(ii) at least 50% of the rights to distributions of capital or profits of the entity; or

(iii) the right to cast at least 50% of the maximum number of votes that might be cast at a general meeting (however described) of the entity; or

(iv) the right to appoint or remove a majority of the members of the board or other group of persons responsible for the administration or management of the affairs of the entity; or

(b) the person has authority or responsibility for, or significant influence over, planning, directing or controlling the activities of the entity.

However, an entity is not an associated entity in relation to a person if the person is an external administrator (within the meaning of Schedule 2 to the Corporations Act 2001) of the entity, or holds a similar position under a law of a foreign country.

human rights has the same meaning as in the Human Rights (Parliamentary Scrutiny) Act 2011.

3 After Part 2

Insert:

Part 2A — Ministerial statements on sanctions relating to human rights

15A Minister must give statement on request by Parliament

(1) This section applies if a resolution is passed by:

(a) either House of the Parliament; or

(b) the Joint Standing Committee on Foreign Affairs, Defence and Trade; or

(c) the Human Rights Sub-Committee of the Joint Standing Committee on Foreign Affairs, Defence and Trade; or

(d) the Senate Foreign Affairs, Defence and Trade Legislation Committee; or

(e) any other committee established, on or after the commencement of this section, under a resolution of one or both Houses of the Parliament to inquire into and report on matters relating to foreign affairs;

requiring the Minister to prepare a statement in accordance with subsection (2) in relation to:

(f) a person; or

(g) a person and any associated entity of the person.

(2) The Minister must prepare a statement setting out:

(a) whether, in the Minister's opinion, the person is responsible for serious violations or serious abuses of human rights; and

(b) whether autonomous sanctions will be applied to the person or associated entity; and

(c) if autonomous sanctions will be applied—a description of those autonomous sanctions; and

(d) if autonomous sanctions will not be applied—the reasons why autonomous sanctions will not be applied; and

(e) details of any consultations undertaken by the Minister in preparing the statement, including any consultations with civil society organisations.

(3) The Minister must table the statement in both Houses of the Parliament within 120 days after the day the resolution is passed.

In speaking to these amendments, I want to make it clear that the intent of these amendments is to bring greater transparency, accountability and community consultation on the matter of the application of autonomous sanctions. For too long, it has not been a requirement for the government to listen to the requests of the community, particularly diaspora community groups, when deciding whether or not sanctions should be placed on an individual or group. These amendments will make it a necessary step in the process to involve people affected by the issue, because, when you do that, you get a better outcome. These amendments would also allow the parliament to request an explanation as to why an individual or group has or has not been sanctioned, including how the decision was made and who was consulted. This would greatly improve transparency and prevent the government from continuing to make decisions in relation to sanctions behind closed doors with minimal accountability to our Australian community.