← Back to home Browse all bills

Autonomous Sanctions Amendment

Current status

This bill became law on Apr 8th, 2024.

Policy area

Defence & foreign affairs

What does this bill do?

Australia can keep using autonomous sanctionsSanctions Australia makes on its own, without waiting for a United Nations decision, to pressure people or groups over foreign policy concerns. against people or organisations for past actions, past roles, or earlier international events, even if those events happened long ago.

Why was it introduced?

Ambiguity in the sanctions law left doubt, including in court matters, about whether listings based on past conduct or unclear ministerial discretionThe Foreign Minister's power to decide whether to list someone, keep them listed, or choose the type of sanction to apply. were valid. The bill confirms those sanctions and criteria were always valid, lets past conduct support listings, and gives people and businesses more legal certainty.

Broader context

Australia’s autonomous sanctionsSanctions Australia makes on its own, without waiting for a United Nations decision, to pressure people or groups over foreign policy concerns. system had operated since 2011 and was used more intensively after May 2022, with the government saying by February 2024 that it had imposed more than 500 sanctions in response to events including Russia’s invasion of Ukraine and human rights violations in Iran. As those sanctions became a more active foreign policy tool, doubts about whether some listings based on past conduct or unclear ministerial discretionThe Foreign Minister's power to decide whether to list someone, keep them listed, or choose the type of sanction to apply. were legally secure led to the 2024 bill, which Parliament passed and which received Royal AssentThe step where the Governor-General formally approves a bill so it becomes an Act of Parliament. to confirm those sanctions and criteria were valid from the start.

Key criticism

The main criticism was that the bill fixes legal loopholes without adding enough independent oversight, transparency, review or community input into who gets sanctioned and who does not. That concern came from the Greens, who still supported the bill and treated it as incomplete rather than something they opposed outright, while no party represented in the debate opposed it.

Who supported it?

Hon Mark Dreyfus KC, MP introduced this bill. It passed on the voices.

Introduced in House 15 Feb 2024
Passed House 28 Feb 2024
Passed Senate 27 Mar 2024
Became law 08 Apr 2024

Did it become law?

Yes

Became law 08 Apr 2024

Final passage

Passed without a counted vote

1 recorded amendment or procedural vote was found, but no counted vote on the bill itself was recorded.

Passage speed

53 days

From introduction to the latest recorded parliamentary step

Official record

View on APH

Parliament of Australia bill page

Meaning

What does this bill do?

  1. Australia can keep using autonomous sanctionsSanctions Australia makes on its own, without waiting for a United Nations decision, to pressure people or groups over foreign policy concerns. against people or organisations for past actions, past roles, or earlier international events, even if those events happened long ago.

  2. Earlier sanctions rules and listings based on past conduct are confirmed as legally valid from the time they originally started, not just from when this Act began.

  3. Sanctions decisions are also kept valid where the Foreign MinisterThe minister who makes or keeps sanctions listings under the framework, and whose discretion is part of the legal issue this bill resolves. may not have clearly considered whether to list a person or organisation or keep that listing in place.

  4. People can seek compensation through the courts if this Act results in the CommonwealthThe federal government of Australia, which may have to pay compensation if the law takes property on unfair terms. acquiring their property on terms that are not constitutionally fair.

Show source excerpts
  1. The effect of the provision will be to confirm that there is no temporal limit on sanctions criteria in the Regulations, under which individuals and entities may be sanctioned.
    Autonomous Sanctions Amendment explanatory memorandum
  2. The validation provisions in Part 2 of this Bill apply retrospectively in that they validate sanctions and sanctions criteria from the point at which they originally came into force, not just from the point of Part 2 of the Bill coming into force. In addition, the Bill confirms that these validation provisions apply to civil and criminal proceedings instituted before the commencement of Part 2 (subitems 3(6), 4(4) and 5(5)). The validation provisions would be relevant to those individuals and entities sanctioned, as well as Australians and Australian businesses.
    Autonomous Sanctions Amendment explanatory memorandum
  3. The purpose of item 5 is to confirm the validity of sanctions on individuals and entities made under the Regulations, in relation to which the Minister is required to consider the Minister’s discretion to impose sanctions.
    Autonomous Sanctions Amendment explanatory memorandum
  4. (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
    Autonomous Sanctions Amendment as-passed bill text

Context

Broader context for this bill

Australia’s autonomous sanctionsSanctions Australia makes on its own, without waiting for a United Nations decision, to pressure people or groups over foreign policy concerns. system had operated since 2011 and was used more intensively after May 2022, with the government saying by February 2024 that it had imposed more than 500 sanctions in response to events including Russia’s invasion of Ukraine and human rights violations in Iran. As those sanctions became a more active foreign policy tool, doubts about whether some listings based on past conduct or unclear ministerial discretionThe Foreign Minister's power to decide whether to list someone, keep them listed, or choose the type of sanction to apply. were legally secure led to the 2024 bill, which Parliament passed and which received Royal AssentThe step where the Governor-General formally approves a bill so it becomes an Act of Parliament. to confirm those sanctions and criteria were valid from the start.

  1. 2011

    Australia establishes its autonomous sanctionsSanctions Australia makes on its own, without waiting for a United Nations decision, to pressure people or groups over foreign policy concerns. framework

    The Autonomous Sanctions Act 2011The law that created the sanctions framework this bill amends, and which the bill says has always supported these kinds of listings. created the legal framework that the 2024 bill later amended to confirm how sanctions listings could validly operate.

    Autonomous Sanctions Amendment explanatory memorandum ↗
  2. May 2022 to February 2024

    Australia imposes more than 500 sanctions as global conflicts intensify

    The government said that from its election in May 2022 to 28 February 2024 it had imposed over 500 sanctions, including in response to Russia's invasion of Ukraine and human rights violations in Iran.

    Hansard ↗
  3. 15 Feb 2024

    Government introduces a bill to shore up sanctions validity

    The explanatory memorandum said the bill was needed to explicitly confirm that sanctions could be based on past conduct or statusActions, roles, or positions from earlier in a person's or group's history that can be used as the basis for a sanctions listing on this page. and to preserve the validity of earlier sanctions decisions.

    Australian Parliament House ↗
  4. 27 Mar 2024

    Parliament passes the bill

    Both Houses passed the bill in the same form, clearing the way for retrospective legal confirmation of existing sanctions settings and listings.

    Parliamentary timeline ↗
  5. 08 Apr 2024

    Royal AssentThe step where the Governor-General formally approves a bill so it becomes an Act of Parliament. locks in the legal confirmation

    Royal AssentThe step where the Governor-General formally approves a bill so it becomes an Act of Parliament. turned the bill into an Act, confirming that earlier sanctions rules and listings covered by the amendments were valid from when they originally began.

    Parliamentary timeline ↗

Legislative route

How did it move through Parliament?

House Senate
Introduced 15 Feb 2024

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 15 Feb 2024

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Second reading debate 27 Feb 2024

The bill reached this recorded parliamentary step.

Sent to Federation Chamber for debate 27 Feb 2024

The bill reached this recorded parliamentary step.

Referred to Federation Chamber

Second reading debate 28 Feb 2024

The bill reached this recorded parliamentary step.

House second reading agreed 28 Feb 2024

The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.

Second reading agreed to

Returned from Federation Chamber 28 Feb 2024

The bill reached this recorded parliamentary step.

Reported from Federation Chamber

House third reading agreed 28 Feb 2024

The chamber agreed to the bill at third reading, which completed passage through that chamber.

Third reading agreed to

Introduced 29 Feb 2024

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 29 Feb 2024

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Second reading debate 25 Mar 2024

The bill reached this recorded parliamentary step.

Senate second reading agreed 25 Mar 2024

The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.

Second reading agreed to

Committee of the Whole debate 25 Mar 2024

The bill reached this recorded parliamentary step.

Senate third reading agreed 27 Mar 2024

The chamber agreed to the bill at third reading, which completed passage through that chamber.

Third reading agreed to

Passed both houses 27 Mar 2024

Both houses passed the bill in the same form, completing parliamentary passage.

Finally passed both Houses

Assent 08 Apr 2024

The Governor-General gave Royal AssentThe step where the Governor-General formally approves a bill so it becomes an Act of Parliament., turning the bill into an Act.

Key criticism

The main case against this bill

The main criticism was that the bill fixes legal loopholes without adding enough independent oversight, transparency, review or community input into who gets sanctioned and who does not. That concern came from the Greens, who still supported the bill and treated it as incomplete rather than something they opposed outright, while no party represented in the debate opposed it.

Criticism was limited and mostly about safeguards and accountability, not the use of sanctions itself.

Too little oversight and transparency

Greens senators argued the bill mainly validates and strengthens sanctions powers but does not add enough independent oversight, transparency, review or community consultation around listing decisions. Their concern was that stronger legal powers without stronger accountability could leave sanctioning decisions too opaque and too dependent on ministerial discretionThe Foreign Minister's power to decide whether to list someone, keep them listed, or choose the type of sanction to apply..

Raised by Australian Greens senators Jordon Steele-John and Janet Rice Source ↗

Further sources

parlinfo.aph.gov.au ↗

Votes

Recorded votes

How the bill itself passed

The bill passed both chambers on the voices. The counted divisions below were about amendments or procedure, not final passage.

Passed

House passed the bill

House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.

28 Feb 2024

Passed on the voices

In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.

Passed

Senate passed the bill

Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.

27 Mar 2024

Passed on the voices

In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.

Amendments at a glance

Recorded amendment and procedural votes grouped by chamber. Expand a vote to see the party breakdown.

Senate

Defeated

Targeted sanctions amendment defeated

Aye 13 No 31

Defeated 13 to 31. Support came from Greens and minor parties and independents. Opposition came from Labor, Liberal Party, Jacqui Lambie Network, and Nationals.

27 Mar 2024

This was an amendment vote, not a vote that passed the bill.

Party Recorded votes Aye / No
Labor 0 / 19
Greens 11 / 0
Liberal Party 0 / 6
Independent 2 / 0
Jacqui Lambie Network 0 / 2
Nationals 0 / 2
One Nation 0 / 1
UAP 0 / 1

These are amendment votes, not the final passage vote on the bill itself. The bill passed both chambers on the voices.

Parliamentary debate

Who spoke, and what they said

Start here — lead voices

Sponsor speech Supports

Mark Dreyfus

Australian Labor Party • MP 15 Feb 2024

Dreyfus supports the bill, saying it will make Australia’s sanctions framework more robust, clear and transparent so the government can respond effectively to international concerns.

Read in Hansard ↗
Lead supporting voice Supports

Claire Chandler

Liberal Party • Senator 25 Mar 2024

Chandler says the coalition supports the bill and wants it passed quickly because it confirms the validity of existing and future sanctions and strengthens Australia’s sanctions regime against legal challenges.

Read in Hansard ↗
Lead voice Supports

Murray Watt

Australian Labor Party • Senator 29 Feb 2024

Watt supports the bill and says it strengthens Australia’s autonomous sanctionsSanctions Australia makes on its own, without waiting for a United Nations decision, to pressure people or groups over foreign policy concerns. framework by removing doubt about sanctions based on past conduct or statusActions, roles, or positions from earlier in a person's or group's history that can be used as the basis for a sanctions listing on this page. and by clarifying ministerial discretionThe Foreign Minister's power to decide whether to list someone, keep them listed, or choose the type of sanction to apply..

Read in Hansard ↗
Lead voice Supports

Dan Tehan

Liberal Party • MP 27 Feb 2024

Tehan says the coalition will support the bill because it strengthens and confirms Australia’s sanctions regime, which he argues is needed to stop sanctioned people and entities from exploiting technical loopholes.

Read in Hansard ↗

All speeches by bloc

Labor

2 speakers · 4 contributions · 2 support

  1. Murray Watt ★ 2 contributions Watt supports the bill and says it strengthens Australia’s autonomous sanctionsSanctions Australia makes on its own, without waiting for a United Nations decision, to pressure people or groups over foreign policy concerns. framework by removing doubt about sanctions based on past conduct or statusActions, roles, or positions from earlier in a person's or group's history that can be used as the basis for a sanctions listing on this page. and by clarifying ministerial discretionThe Foreign Minister's power to decide whether to list someone, keep them listed, or choose the type of sanction to apply..

    Hansard records 2 separate contributions by Murray Watt, including an amendment-moving contribution. They are grouped here so the speaker is listed once.

    Moved amendment Australian Labor Party • Senator • 29 Feb 2024

    Watt supports the bill and says it strengthens Australia’s autonomous sanctionsSanctions Australia makes on its own, without waiting for a United Nations decision, to pressure people or groups over foreign policy concerns. framework by removing doubt about sanctions based on past conduct or statusActions, roles, or positions from earlier in a person's or group's history that can be used as the basis for a sanctions listing on this page. and by clarifying ministerial discretionThe Foreign Minister's power to decide whether to list someone, keep them listed, or choose the type of sanction to apply.. He argues the changes will make the system more robust, transparent and easier to comply with.

    “In the face of an increasing need to respond to situations of international concern, it is necessary to ensure that Australia's autonomous sanctions framework is robust and clear. The Bill will help us do this.”
    Read this contribution in Hansard ↗

    Second reading speech Australian Labor Party • Senator • 25 Mar 2024

    Watt supports the bill and says it is needed to make Australia’s sanctions framework clearer, more robust, and easier for people and businesses to comply with. He argues it will help sanctions remain an effective foreign policy tool and says the bill should be passed.

    “This bill will ensure that sanctions remain an effective foreign policy tool to demonstrate that Australia will not tolerate egregious behaviour and is willing to impose consequences in response. On that basis, I commend the bill to the Senate.”
    Read this contribution in Hansard ↗
  2. Mark Dreyfus ★ 2 contributions Dreyfus supports the bill, saying it will make Australia’s sanctions framework more robust, clear and transparent so the government can respond effectively to international concerns.

    Hansard records 2 separate contributions by Mark Dreyfus on this bill. They are grouped here so the speaker is listed once.

    Minister's second reading speech Australian Labor Party • MP • 15 Feb 2024

    Dreyfus supports the bill, saying it will make Australia’s sanctions framework more robust, clear and transparent so the government can respond effectively to international concerns. He argues the changes remove doubt about sanctions based on past conduct or statusActions, roles, or positions from earlier in a person's or group's history that can be used as the basis for a sanctions listing on this page. and confirm listings made under ministerial discretionThe Foreign Minister's power to decide whether to list someone, keep them listed, or choose the type of sanction to apply..

    “In the face of an increasing need to respond to situations of international concern, it is necessary to ensure that Australia's autonomous sanctions framework is robust and clear. The bill will help us do this.”
    Read this contribution in Hansard ↗

    Second reading speech Australian Labor Party • MP • 28 Feb 2024

    Dreyfus supports the bill, saying it clarifies the autonomous sanctionsSanctions Australia makes on its own, without waiting for a United Nations decision, to pressure people or groups over foreign policy concerns. framework so decisions are robust, transparent and legally certain. He argues it will ensure sanctions remain an effective foreign policy tool and commends the bill to the House.

    “The Autonomous Sanctions Amendment Bill 2024 clarifies the operation of the Autonomous Sanctions Act to ensure that decisions made under the autonomous sanctions framework are robust. The bill also provides certainty and transparency to individuals and businesses so that they can effectively comply with sanctions laws. The bill amends the Autonomous Sanctions Act to confirm that sanctions based on past conduct or past status are valid. The bill also clarifies that, in circumstances where there is any perceived ambiguity in the operation of the act and the exercise of the minister's discretionary power, sanctions are valid. For the avoidance of doubt, the bill will confirm that the act and the sanctions framework operate as intended. This bill will ensure that sanctions remain an effective foreign policy tool to demonstrate that Australia will not tolerate egregious behaviour and is willing to impose consequences in response. I commend the bill to the House.”
    Read this contribution in Hansard ↗

Coalition

2 speakers · 2 support

  1. Claire Chandler ★ Chandler says the coalition supports the bill and wants it passed quickly because it confirms the validity of existing and future sanctions and strengthens Australia’s sanctions regime against legal challenges.
    “The coalition supports the passage of the Autonomous Sanctions Amendment Bill 2024. This bill seeks to amend the Autonomous Sanctions Act 2011 to confirm the validity of existing and future sanctions made under the Autonomous Sanctions Regulations 2011.”

    Liberal Party • Senator • 25 Mar 2024

    Read the full speech in Hansard ↗
  2. Dan Tehan ★ Tehan says the coalition will support the bill because it strengthens and confirms Australia’s sanctions regime, which he argues is needed to stop sanctioned people and entities from exploiting technical loopholes.
    “The coalition supports the passage of the Autonomous Sanctions Amendment Bill 2024. The bill seeks to amend the Autonomous Sanctions Act 2011, the act to confirm the validity of existing future sanctions made under the Autonomous Sanctions Regulations 2011. More specifically, the bill confirms that individuals and/or entities can be validly sanctioned based on past conduct or status, regardless of the time which has occurred between conduct and application of the sanction, and clarifies that, in circumstances where it is not explicitly clear whether a minister considered their discretion to list or not list, the listing is nonetheless valid where the person or entity meets the criteria for imposing sanctions.”

    Liberal Party • MP • 27 Feb 2024

    Read the full speech in Hansard ↗

Greens

2 speakers · 2 support

  1. Janet Rice Rice says the Greens support the bill because it closes loopholes in Australia’s sanctions regime, but they want stronger amendments and a more independent, transparent process for deciding who is sanctioned.
    “In conclusion, this bill is a good start. It's good to make sure that the autonomous sanctions regime actually can work in the way it's been envisaged. But we need to be doing a lot more. So, while commending this bill, I urge all parties to support the amendments that the Greens have put up and I urge us to go further in order to protect human rights across the world and expanding who we apply sanctions on to make sure that our voice in support of human rights is heard in all situations, not just where it is politically expedient to do so.”

    Australian Greens • Senator • 25 Mar 2024

    Read the full speech in Hansard ↗
  2. Jordon Steele-John Steele-John says the Greens will support the bill because it closes loopholes in Australia's sanctions regime, but argues it does not go far enough on transparency, review and community consultation.
    “This bill as it is currently written is not even achieving the bare minimum of what is needed to improve our sanctions legislation, and the Greens strongly support going further in strengthening sanctions controls.”

    Australian Greens • Senator • 25 Mar 2024

    Read the full speech in Hansard ↗

Record

Full record

Full chat