Jordon Steele-John (WA, Australian Greens) Share this | Link to 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.

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

Just to put the opposition's position on the Greens amendment on the record, I know that these amendments largely replicate the amendments that were moved by Greens senators during the debate on the Autonomous Sanctions Amendment (Magnitsky-style and Other Thematic Sanctions) Bill 2021, and, as was the case then, the coalition will be opposing these amendments here this evening.

The amendments that have been moved by Senator Steele-John create a requirement for the minister to consider any credible information provided by a civil society organisation that monitors violations or abuses of human rights or has expertise in humanitarian law. This requirement will apply only when a proposed sanction addresses serious violations or serious abuses of human rights or serious violations of international humanitarian law. As I said at the outset, these amendments are nearly identical to those moved by Greens senators in 2021, and, while they don't create further consultation requirements, they do create an obligation on the minister to consider credible information provided by civil society groups. In considering these amendments here in Committee of the Whole this evening, I think it is relevant to reflect on the words of former foreign affairs minister Marise Payne, who said:

We have always considered credible information that is provided to us by civil society and we will continue to do that, including conducting regular consultation. We receive suggestions for sanctions listing from a range of sources. It's absolutely the expectation that that would continue, and I know what a constructive role that non-government organisations have played in the development of this legislation—

relevant to the Magnitsky sanctions debate—

and in these discussions today. Any individual or organisation can make representations to government regarding the potential sanctions targets.

Those were words that were said by former senator Payne in this place in the debate on the Autonomous Sanctions Amendment (Magnitsky-style and Other Thematic Sanctions) Bill back in December 2021.

As I said, the opposition's view on this issue has not changed. We certainly have some sympathy with the intent behind these amendments, but our priority here this evening is ensuring that this bill is passed as expeditiously as possible. So we will be opposing those amendments.

Murray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Link to this | Hansard source

I would also like to put the government's position on the record in relation to this amendment. The government does not accept the proposed amendments, which go beyond the scope of the bill. The bill amends the Autonomous Sanctions Act to remove any possibility of doubt that individuals or entities can be validly sanctioned based on their past conduct or status. It also clarifies the validity of sanctions listings that rely on the minister's discretion to impose sanctions. In doing so, the bill provides certainty and transparency to the Australian community so that they can effectively comply with sanctions laws.

The government welcomes engagement with civil society organisations on human rights sanctions. The Department of Foreign Affairs receives and considers submissions on potential sanctions targets from a range of human rights organisations, and it is an expectation that this will continue. But, ultimately, decisions to impose sanctions are matters which should be made by whoever is responsible—executive government—at the time they're being made. They are imposed judiciously and where it is in our national interest to do so. The government is committed to maintaining the transparency of the sanctions listing process, including through existing parliamentary scrutiny such as the Scrutiny of Bills Committee, the Parliamentary Joint Committee on Human Rights and, of course, Senate estimates. We continue to keep the sanctions framework under continuous review to ensure that it remains robust and fit for purpose.

David Shoebridge (NSW, Australian Greens) Share this | Link to this | Hansard source

I want to briefly support Senator Steele-John's amendments and commend them. My office regularly has communications with the Iranian community, the Palestinian community, the Bangladeshi diaspora, the Pakistani diaspora and members of the Rohingya community, who have all at different times pressed this government and the previous government for sanctions against leadership in their home countries, which have been making decisions that abuse human rights, that imprison and torture their political leaders and that clearly would fall within the regime of the Magnitsky legislation. Yet it's a complete black box from the government. They make a submission, they send a letter and they get nothing from the government.

The US—you would think we could at least meet their standards for human rights legislation—has a procedure very similar to what Senator Steele-John is seeking to put forward, which has public consultation and a role not just for the executive but also for the congress to take a stance on their Magnitsky legislation. In many ways what Senator Steele-John is seeking to do here is to meet the minimum standards met by the US. That might give, for example, the Bangladeshi community an answer as to why, more than two years after the United States imposed sanctions on the leadership of the Rapid Action Battalion in Bangladesh, which has seen the disappearance of hundreds and hundreds of its political opponents, this government has refused to act. I could run that list down—the Palestinian community asking for sanctions, the Iranian community asking for sanctions. There needs to be a process and transparency, not black boxing the executive.

Matt O'Sullivan (WA, Liberal Party) Share this | Link to this | Hansard source

The question is that amendments (1) and (2) on sheet 2443 be agreed to. A division is required. There are no divisions now, so we'll defer it to tomorrow. As the bill cannot proceed until votes can be taken, I shall now report to the Senate.

Progress reported.

Ordered that the committee have leave to sit again on the next day of sitting.