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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2021
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Human Rights (Targeted Sanctions) Bill
2021
No. , 2021
(Senator Rice)
A Bill for an Act relating to targeted sanctions for
human rights violations, and for related purposes
No. , 2021
Human Rights (Targeted Sanctions) Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Simplified outline of this Act ............................................................ 2
4
Definitions ......................................................................................... 2
5
Minister must give statement on request by Parliament .................... 3
6
Minister must give statement in relation to Myanmar ....................... 4
7
Review of operation of Act ............................................................... 5
No. , 2021
Human Rights (Targeted Sanctions) Bill 2021
1
A Bill for an Act relating to targeted sanctions for
1
human rights violations, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Human Rights (Targeted Sanctions) Act 2021
.
5
2 Commencement
6
(1) Each provision of this Act specified in column 1 of the table
7
commences, or is taken to have commenced, in accordance with
8
column 2 of the table. Any other statement in column 2 has effect
9
according to its terms.
10
11
Section 3
2
Human Rights (Targeted Sanctions) Bill 2021
No. , 2021
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Simplified outline of this Act
7
This Act provides for either House of the Parliament to request the
8
Minister responsible for autonomous sanctions to table a statement
9
on whether sanctions will be applied to persons that are responsible
10
for serious human rights abuses or serious corruption or to their
11
associated entities.
12
This Act also requires the Minister to table a statement on whether
13
sanctions will be applied to certain persons responsible for the
14
2021 coup d'état in Myanmar or to their associated entities.
15
4 Definitions
16
In this Act:
17
associated entity
: an entity is an
associated entity
in relation to a
18
person if:
19
(a) the person controls, whether alone or jointly with another
20
person and whether directly or indirectly:
21
(i) at least 50% of the total value of the issued share capital
22
of the entity; or
23
(ii) at least 50% of the rights to distributions of capital or
24
profits of the entity; or
25
Section 5
No. , 2021
Human Rights (Targeted Sanctions) Bill 2021
3
(iii) the right to cast at least 50% of the maximum number of
1
votes that might be cast at a general meeting (however
2
described) of the entity; or
3
(iv) the right to appoint or remove a majority of the
4
members of the board or other group of persons
5
responsible for the administration or management of the
6
affairs of the entity; or
7
(b) the person has authority or responsibility for, or significant
8
influence over, planning, directing or controlling the
9
activities of the entity.
10
However, an entity is not an
associated entity
in relation to a
11
person if the person is an external administrator (within the
12
meaning of Schedule 2 to the
Corporations Act 2001
) of the entity,
13
or holds a similar position under a law of a foreign country.
14
autonomous sanction
has the same meaning as in the
Autonomous
15
Sanctions Act 2011
.
16
human rights
has the same meaning as in the
Human Rights
17
(Parliamentary Scrutiny) Act 2011
.
18
Minister
means the Minister administering the
Autonomous
19
Sanctions Act 2011
.
20
5 Minister must give statement on request by Parliament
21
(1) This section applies if a resolution is passed by:
22
(a) either House of the Parliament; or
23
(b) the Joint Standing Committee on Foreign Affairs, Defence
24
and Trade; or
25
(c) the Human Rights Sub-Committee of the Joint Standing
26
Committee on Foreign Affairs, Defence and Trade; or
27
(d) the Senate Foreign Affairs, Defence and Trade Legislation
28
Committee;
29
requiring the Minister to prepare a statement in accordance with
30
subsection (2) in relation to:
31
(e) a person; or
32
(f) a person and any associated entity of the person.
33
Section 6
4
Human Rights (Targeted Sanctions) Bill 2021
No. , 2021
(2) The Minister must prepare a statement setting out:
1
(a) whether, in the Minister's opinion, the person is responsible
2
for serious human rights abuses or serious corruption; and
3
(b) whether autonomous sanctions will be applied to the person
4
or associated entity; and
5
(c) if autonomous sanctions will be applied--a description of
6
those autonomous sanctions; and
7
(d) if autonomous sanctions will not be applied--the reasons
8
why autonomous sanctions will not be applied; and
9
(e) details of any consultations undertaken by the Minister in
10
preparing the statement, including any consultations with
11
civil society.
12
(3) The Minister must table the statement in both Houses of the
13
Parliament within 120 days after the day the resolution is passed.
14
6 Minister must give statement in relation to Myanmar
15
(1) The Minister must, within 30 days after the day on which this Act
16
commences:
17
(a) prepare a statement in relation to the 2021 coup d'état in
18
Myanmar; and
19
(b) table the statement in both Houses of the Parliament.
20
(2) The statement must set out:
21
(a) whether each person to whom subsection (3) applies is, in the
22
Minister's opinion, responsible for serious human rights
23
abuses or serious corruption; and
24
(b) whether autonomous sanctions will be applied to those
25
persons or associated entities of those persons; and
26
(c) if autonomous sanctions will be applied--a description of
27
those autonomous sanctions; and
28
(d) if autonomous sanctions will not be applied--the reasons
29
why autonomous sanctions will not be applied; and
30
(e) details of any consultations undertaken by the Minister in
31
preparing the statement, including any consultations with
32
civil society.
33
(3) This subsection applies to a person if:
34
Section 7
No. , 2021
Human Rights (Targeted Sanctions) Bill 2021
5
(a) the person is:
1
(i) a former member of the State Peace and Development
2
Council (SPDC); or
3
(ii) a person who the Minister is satisfied is a business
4
associate of the Myanmar military; or
5
(iii) a current or former minister or a current or former
6
deputy minister; or
7
(iv) a current or former military officer of the rank of
8
Brigadier
-
General or higher; or
9
(v) a senior official in any of Myanmar's security or
10
corrections agencies; or
11
(vi) a current or former senior officeholder of the Union
12
Solidarity and Development Party (USDP) or the Union
13
Solidarity and Development Association (USDA); or
14
(vii) a senior official or executive in a state
-
owned or a
15
military
-
owned enterprise; or
16
(viii) an immediate family member of a person mentioned in
17
any of subparagraphs (i) to (vii); or
18
(ix) any other person that the Minister may designate as a
19
designated person or declare as a declared person for
20
Myanmar under subregulation 6(1) of the
Autonomous
21
Sanctions Regulations 2011
; and
22
(b) the person is, or has been, responsible for, or complicit in, the
23
2021 coup d'état in Myanmar.
24
7 Review of operation of Act
25
(1) The Joint Standing Committee on Foreign Affairs, Defence and
26
Trade must commence a review of the operation of this Act as soon
27
as possible after legislation is enacted to implement the
28
recommendations of the Magnitsky report that relate to legislative
29
action.
30
(2) The Committee must give the Minister a written report of the
31
review.
32
(3) The Minister must table a copy of the report of the review in each
33
House of the Parliament within 15 sitting days of that House after
34
the report is given to the Minister.
35
Section 7
6
Human Rights (Targeted Sanctions) Bill 2021
No. , 2021
(4) In this section:
1
Magnitsky report
means the report by the Human Rights
2
Sub-Committee of the Joint Standing Committee on Foreign
3
Affairs, Defence and Trade, titled "Criminality, corruption and
4
impunity: Should Australia join the Global Magnitsky
5
movement?".
6