{"id":"C2011A00038","name":"Autonomous Sanctions Act 2011","slug":"autonomous-sanctions-act-2011","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"38 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":8195,"registerId":"commonwealth-C2011A00038-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Autonomous Sanctions Act 2011.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act commences on the day after this Act receives the Royal Assent.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Objects of this Act","content":"#### 3 Objects of this Act\n\n  (1) The main objects of this Act are to:\n    (a) provide for autonomous sanctions; and\n    (b) provide for enforcement of autonomous sanctions (whether applied under this Act or another law of the Commonwealth); and\n    (c) facilitate the collection, flow and use of information relevant to the administration of autonomous sanctions (whether applied under this Act or another law of the Commonwealth).\n  Country‑specific sanctions\n  (2) Without limiting subsection (1), the autonomous sanctions may address matters that are of international concern in relation to one or more particular foreign countries.\n  Thematic sanctions\n  (3) Without limiting subsection (1), the autonomous sanctions may address one or more of the following:\n    (a) the proliferation of weapons of mass destruction;\n    (b) threats to international peace and security;\n    (c) malicious cyber activity;\n    (d) serious violations or serious abuses of human rights;\n    (e) activities undermining good governance or the rule of law, including serious corruption;\n    (f) serious violations of international humanitarian law.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n  In this Act:\n\n> asset means:\n\n    (a) an asset of any kind or property of any kind, whether tangible or intangible, movable or immovable, however acquired; and\n    (b) a legal document or instrument in any form (including electronic or digital) evidencing title to, or interest in, such an asset or such property.\n\n> Note: Some examples of documents and instruments described in paragraph (b) are bank credits, travellers cheques, bank cheques, money orders, shares, securities, bonds, debt instruments, drafts and letters of credit.\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> autonomous sanction means a sanction that:\n\n    (a) is intended to influence, directly or indirectly, one or more of the following in accordance with Australian Government policy:\n    (i) a foreign government entity;\n    (ii) a member of a foreign government entity;\n    (iii) another person or entity outside Australia; or\n    (b) involves the prohibition of conduct in or connected with Australia that facilitates, directly or indirectly, the engagement by a person or entity described in subparagraph (a)(i), (ii) or (iii) in action outside Australia that is contrary to Australian Government policy.\n\n> CEO of a Commonwealth entity means the chief executive officer (however described) of that entity.\n\n> Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> designated Commonwealth entity means a Commonwealth entity that:\n\n    (a) is a designated Commonwealth entity under the Charter of the United Nations Act 1945; or\n    (b) is specified in an instrument under section 5.\n\n> foreign government entity means:\n\n    (a) the government of a foreign country or of part of a foreign country; or\n    (b) an authority of the government of a foreign country; or\n    (c) an authority of the government of part of a foreign country.\n\n> officer of a Commonwealth entity includes:\n\n    (a) the CEO of the Commonwealth entity; and\n    (b) an employee of the Commonwealth entity; and\n    (c) any other person engaged by the Commonwealth entity, under contract or otherwise, to exercise powers, or perform duties or functions, of the Commonwealth entity.\n\n> public international organisation has the meaning given by section 70.1 of the Criminal Code.\n\n> sanction law means a provision that is specified in an instrument under subsection 6(1).\n\n> State or Territory entity means:\n\n    (a) a State or Territory; or\n    (b) an authority of a State or Territory.\n\n> superior court means the Federal Court of Australia or the Supreme Court of a State or Territory.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Specifying a Commonwealth entity as a designated Commonwealth entity","content":"#### 5 Specifying a Commonwealth entity as a designated Commonwealth entity\n\n  The Minister may by legislative instrument specify a Commonwealth entity as a designated Commonwealth entity.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Specifying a provision as a sanction law","content":"#### 6 Specifying a provision as a sanction law\n\n  (1) For the purpose of furthering the main objects of this Act, the Minister may by legislative instrument specify a provision of a law of the Commonwealth as a sanction law.\n  (2) The Minister may specify a provision in relation to particular circumstances.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Extension to external Territories","content":"#### 7 Extension to external Territories\n\n  This Act extends to every external Territory.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Act binds the Crown","content":"#### 8 Act binds the Crown\n\n  (1) This Act binds the Crown in each of its capacities.\n  (2) This Act does not make the Crown liable to be prosecuted for an offence.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Relationship with other laws","content":"#### 9 Relationship with other laws\n\n  This Act does not limit the operation of other laws of the Commonwealth so far as they operate to provide for autonomous sanctions or operate in relation to autonomous sanctions.","sortOrder":9},{"sectionNumber":"Part 2","sectionType":"part","heading":"Regulations to provide for sanctions","content":"An Act to make provision relating to sanctions to facilitate the conduct of Australia’s external affairs, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Autonomous Sanctions Act 2011.\n\n#### 2 Commencement\n\n  This Act commences on the day after this Act receives the Royal Assent.\n\n#### 3 Objects of this Act\n\n  (1) The main objects of this Act are to:\n    (a) provide for autonomous sanctions; and\n    (b) provide for enforcement of autonomous sanctions (whether applied under this Act or another law of the Commonwealth); and\n    (c) facilitate the collection, flow and use of information relevant to the administration of autonomous sanctions (whether applied under this Act or another law of the Commonwealth).\n  Country‑specific sanctions\n  (2) Without limiting subsection (1), the autonomous sanctions may address matters that are of international concern in relation to one or more particular foreign countries.\n  Thematic sanctions\n  (3) Without limiting subsection (1), the autonomous sanctions may address one or more of the following:\n    (a) the proliferation of weapons of mass destruction;\n    (b) threats to international peace and security;\n    (c) malicious cyber activity;\n    (d) serious violations or serious abuses of human rights;\n    (e) activities undermining good governance or the rule of law, including serious corruption;\n    (f) serious violations of international humanitarian law.\n\n#### 4 Definitions\n\n  In this Act:\n\n> asset means:\n\n    (a) an asset of any kind or property of any kind, whether tangible or intangible, movable or immovable, however acquired; and\n    (b) a legal document or instrument in any form (including electronic or digital) evidencing title to, or interest in, such an asset or such property.\n\n> Note: Some examples of documents and instruments described in paragraph (b) are bank credits, travellers cheques, bank cheques, money orders, shares, securities, bonds, debt instruments, drafts and letters of credit.\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> autonomous sanction means a sanction that:\n\n    (a) is intended to influence, directly or indirectly, one or more of the following in accordance with Australian Government policy:\n    (i) a foreign government entity;\n    (ii) a member of a foreign government entity;\n    (iii) another person or entity outside Australia; or\n    (b) involves the prohibition of conduct in or connected with Australia that facilitates, directly or indirectly, the engagement by a person or entity described in subparagraph (a)(i), (ii) or (iii) in action outside Australia that is contrary to Australian Government policy.\n\n> CEO of a Commonwealth entity means the chief executive officer (however described) of that entity.\n\n> Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> designated Commonwealth entity means a Commonwealth entity that:\n\n    (a) is a designated Commonwealth entity under the Charter of the United Nations Act 1945; or\n    (b) is specified in an instrument under section 5.\n\n> foreign government entity means:\n\n    (a) the government of a foreign country or of part of a foreign country; or\n    (b) an authority of the government of a foreign country; or\n    (c) an authority of the government of part of a foreign country.\n\n> officer of a Commonwealth entity includes:\n\n    (a) the CEO of the Commonwealth entity; and\n    (b) an employee of the Commonwealth entity; and\n    (c) any other person engaged by the Commonwealth entity, under contract or otherwise, to exercise powers, or perform duties or functions, of the Commonwealth entity.\n\n> public international organisation has the meaning given by section 70.1 of the Criminal Code.\n\n> sanction law means a provision that is specified in an instrument under subsection 6(1).\n\n> State or Territory entity means:\n\n    (a) a State or Territory; or\n    (b) an authority of a State or Territory.\n\n> superior court means the Federal Court of Australia or the Supreme Court of a State or Territory.\n\n#### 5 Specifying a Commonwealth entity as a designated Commonwealth entity\n\n  The Minister may by legislative instrument specify a Commonwealth entity as a designated Commonwealth entity.\n\n#### 6 Specifying a provision as a sanction law\n\n  (1) For the purpose of furthering the main objects of this Act, the Minister may by legislative instrument specify a provision of a law of the Commonwealth as a sanction law.\n  (2) The Minister may specify a provision in relation to particular circumstances.\n\n#### 7 Extension to external Territories\n\n  This Act extends to every external Territory.\n\n#### 8 Act binds the Crown\n\n  (1) This Act binds the Crown in each of its capacities.\n  (2) This Act does not make the Crown liable to be prosecuted for an offence.\n\n#### 9 Relationship with other laws\n\n  This Act does not limit the operation of other laws of the Commonwealth so far as they operate to provide for autonomous sanctions or operate in relation to autonomous sanctions.\n\n## Part 2—Regulations to provide for sanctions\n\n### Division 1—Making and effect of regulations\n\n#### 10 Regulations may apply sanctions\n\n  (1) The regulations may make provision relating to any or all of the following:\n    (a) proscription of persons or entities (for specified purposes or more generally);\n    (b) restriction or prevention of uses of, dealings with, and making available of, assets;\n    (c) restriction or prevention of the supply, sale or transfer of goods or services;\n    (d) restriction or prevention of the procurement of goods or services;\n    (e) provision for indemnities for acting in compliance or purported compliance with the regulations;\n    (f) provision for compensation for owners of assets that are affected by regulations relating to a restriction or prevention described in paragraph (b).\n  (2) Before the Governor‑General makes regulations for the purposes of subsection (1), the Minister must be satisfied that the proposed regulations:\n    (a) will facilitate the conduct of Australia’s relations with other countries or with entities or persons outside Australia; or\n    (b) will otherwise deal with matters, things or relationships outside Australia.\n  (3) Despite subsection 14(2) of the Legislation Act 2003, regulations made for the purposes of subsection (1) may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n  (4) If:\n    (a) under a provision of the regulations, the Minister has a power to make a legislative instrument relating to the proscription of persons or entities other than by reference to one or more particular countries; and\n    (b) under that provision, the Minister proposes to make a legislative instrument proscribing one or more persons or entities;\n  then before making the instrument:\n    (c) the Minister must consult the Attorney‑General and obtain the Attorney‑General’s agreement in writing to the making of the instrument; and\n    (d) the Minister must consult such other Ministers as the Minister considers appropriate.\n  (5) If:\n    (a) under the regulations, the Minister has made a legislative instrument proscribing one or more persons or entities other than by reference to one or more particular countries; and\n    (b) under the regulations, the Minister proposes to make another legislative instrument continuing the effect of the proscription, or revoking the proscription, of one or more of those persons or entities;\n  then before making the other instrument:\n    (c) the Minister must consult the Attorney‑General and obtain the Attorney‑General’s agreement in writing to the making of the other instrument; and\n    (d) the Minister must consult such other Ministers as the Minister considers appropriate.\n  (6) If, under a provision of the regulations, the Minister has a power to make a legislative instrument, the Minister must not, under the regulations, delegate that power to another person.\n\n#### 10A Proscription of persons or entities relating to past circumstances, actions or positions\n\n  Without limiting subsection 10(1), regulations made for the purposes of paragraph 10(1)(a) may make provision relating to the proscription of persons or entities (for specified purposes or more generally) on the basis of:\n    (a) specified circumstances; or\n    (b) the actions of, or position held by, those persons or entities;\n  regardless of the period of time that has elapsed since the circumstances existed, the actions were so taken or position was so held.\n\n#### 11 Regulations may have extraterritorial effect\n\n  (1) The regulations may be expressed to have extraterritorial effect.\n  (2) If they are so expressed, they have effect accordingly, and so does Division 2 of this Part.\n\n#### 12 Effect of regulations on earlier Commonwealth Acts and on State and Territory laws\n\n  The regulations have effect despite:\n    (a) an Act enacted before the commencement of this section; or\n    (b) an instrument made under such an Act (including such an instrument made at or after that commencement); or\n    (c) a law of a State or Territory; or\n    (d) an instrument made under such a law.\n\n#### 13 Later Acts not to be interpreted as overriding this Part or the regulations\n\n  (1) An Act enacted at or after the commencement of this section is not to be interpreted as:\n    (a) amending or repealing, or otherwise altering the effect or operation of, a provision of this Part or of the regulations; or\n    (b) authorising the making of an instrument amending or repealing, or otherwise altering the effect or operation of, a provision of this Part or of the regulations.\n  (2) Subsection (1) does not affect the interpretation of an Act so far as that Act provides expressly for that Act, or for an instrument made under that Act, to have effect despite this Act, despite the regulations, or despite a specified provision of this Act or of the regulations.\n\n### Division 2—Enforcing the regulations\n\n#### 14 Injunctions\n\n  (1) If a person has engaged, is engaging, or proposes to engage, in conduct involving a contravention of the regulations, a superior court may by order grant an injunction restraining the person from engaging in the conduct.\n\n> Note: Contravention of the regulations may also be an offence against section 16.\n\n  (2) An injunction may be granted only on application by the Attorney‑General.\n  (3) On an application, the court may grant an injunction by consent of all parties to the proceedings, whether or not the court is satisfied that subsection (1) applies.\n  (4) A superior court may grant an interim injunction pending its determination of an application.\n  (5) A court is not to require the Attorney‑General or anyone else to give an undertaking as to damages, as a condition of granting an interim injunction.\n  (6) A court may discharge or vary an injunction it has granted.\n  (7) The power to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n    (a) whether or not it appears to the court that the person intends to engage again, or to continue to engage, in such conduct; and\n    (b) whether or not the person has previously engaged in such conduct.\n\n#### 15 Invalidation of authorisations\n\n  An authorisation (however described) granted under the regulations is taken never to have been granted if information contained in, or information or a document accompanying, the application for the authorisation:\n    (a) is false or misleading in a material particular; or\n    (b) omits any matter or thing without which the information or document is misleading in a material particular.\n\n> Note: Example: An example of an authorisation is a licence, permission, consent or approval.\n\n## Part 3—Offences relating to sanctions\n\n#### 16 Offence—contravening a sanction law\n\n  Individuals\n  (1) An individual commits an offence if:\n    (a) the individual engages in conduct; and\n    (b) the conduct contravenes a sanction law.\n  (2) An individual commits an offence if:\n    (a) the individual engages in conduct; and\n    (b) the conduct contravenes a condition of an authorisation (however described) under a sanction law.\n\n> Note: Example: An example of an authorisation is a licence, permission, consent or approval.\n\n  (3) An offence against subsection (1) or (2) is punishable on conviction by imprisonment for not more than 10 years, a fine not exceeding the amount worked out under subsection (4), or both.\n  (4) For the purposes of subsection (3), the amount is:\n    (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following:\n    (i) 3 times the value of the transaction or transactions;\n    (ii) 2,500 penalty units; or\n    (b) otherwise—2,500 penalty units.\n  Bodies corporate\n  (5) A body corporate commits an offence if:\n    (a) the body corporate engages in conduct; and\n    (b) the conduct contravenes a sanction law.\n  (6) A body corporate commits an offence if:\n    (a) the body corporate engages in conduct; and\n    (b) the conduct contravenes a condition of an authorisation (however described) under a sanction law.\n\n> Note: Example: An example of an authorisation is a licence, permission, consent or approval.\n\n  (7) Subsection (5) or (6) does not apply if the body corporate proves that it took reasonable precautions, and exercised due diligence, to avoid contravening that subsection.\n\n> Note: The body corporate bears a legal burden in relation to the matter in subsection (7): see section 13.4 of the Criminal Code.\n\n  (8) An offence against subsection (5) or (6) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (9) An offence against subsection (5) or (6) is punishable on conviction by a fine not exceeding:\n    (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following:\n    (i) 3 times the value of the transaction or transactions;\n    (ii) 10,000 penalty units; or\n    (b) otherwise—10,000 penalty units.\n  Definition\n  (10) In this section:\n\n> engage in conduct means:\n\n    (a) do an act; or\n    (b) omit to perform an act.\n\n#### 17 Offence—false or misleading information given in connection with a sanction law\n\n  (1) A person commits an offence if:\n    (a) the person gives information or a document to a Commonwealth entity; and\n    (b) the information or document is given in connection with the administration of a sanction law; and\n    (c) the information or document:\n    (i) is false or misleading; or\n    (ii) omits any matter or thing without which the information or document is misleading.\n\nPenalty: Imprisonment for 10 years, 2,500 penalty units or both.\n\n  (2) A person (the first person) commits an offence if:\n    (a) the first person gives information or a document to another person; and\n    (b) the first person is reckless as to whether the other person or someone else will give the information or document to a Commonwealth entity in connection with the administration of a sanction law; and\n    (c) the information or document:\n    (i) is false or misleading; or\n    (ii) omits any matter or thing without which the information or document is misleading.\n\nPenalty: Imprisonment for 10 years, 2,500 penalty units or both.\n\n  (3) Subsection (1) or (2) does not apply:\n    (a) as a result of subparagraph (1)(c)(i) or (2)(c)(i) if the information or document is not false or misleading in a material particular; or\n    (b) as a result of subparagraph (1)(c)(ii) or (2)(c)(ii) if the information or document did not omit any matter or thing without which the information or document is misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.\n\n  Geographical application of offences\n  (4) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1) or (2).\n\n## Part 4—Information relating to sanctions\n\n#### 18 CEO of Commonwealth entity may give information or document on request by CEO of designated Commonwealth entity\n\n  (1) The CEO (the designated CEO) of a designated Commonwealth entity may request the CEO (the requested CEO) of a Commonwealth entity to give the designated CEO specified information or documents for a purpose directly related to the administration of a sanction law.\n  (2) The requested CEO may comply with the request, despite any other law of the Commonwealth, a State or a Territory.\n\n#### 19 Power to require information or documents to be given\n\n  (1) The CEO of a designated Commonwealth entity may, for the purpose of determining whether a sanction law has been or is being complied with, give a person a written notice requiring the person to do either or both of the following:\n    (a) to give the CEO information of the kind, by the time and in any manner or form, specified in the notice;\n    (b) to give the CEO documents of the kind, by the time and in any manner, specified in the notice.\n  (2) The person must comply with the notice despite any other law of the Commonwealth, a State or a Territory.\n  (3) The time specified in the notice must be reasonable.\n  (4) The person may, before the time specified in the notice, request the CEO to extend the time by which the information or documents must be given.\n  (5) The CEO may, by written notice given to the person, vary the notice under subsection (1) to specify a later time by which the information or documents must be given.\n  (6) Subsection (5) does not limit the application of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (1).\n\n> Note: Subsection 33(3) of the Acts Interpretation Act 1901 deals with revocation and variation etc. of instruments.\n\n  (7) Subsection (1) does not apply if:\n    (a) the person is the Commonwealth or a Commonwealth entity; or\n    (b) the person:\n    (i) is, or has at any time been, an officer of a Commonwealth entity; and\n    (ii) obtained or generated the information or document in the course of carrying out his or her duties as an officer of the Commonwealth entity.\n\n#### 20 Information may be required to be given on oath\n\n  The CEO may require the information to be verified by, or given on, oath or affirmation that the information is true.\n\n#### 21 Offence for failure to comply with requirement\n\n  (1) A person commits an offence if:\n    (a) the person has been given a notice under section 19; and\n    (b) the person does not comply with the notice.\n\nPenalty: Imprisonment for 12 months.\n\n  (2) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1).\n\n#### 22 Self‑incrimination not an excuse\n\n  (1) An individual is not excused from giving information or a document under section 19 on the ground that the information, or the giving of the document, might tend to incriminate the individual or otherwise expose the individual to a penalty or other liability.\n  (2) However, neither the information given nor the giving of the document is admissible in evidence against the individual in any criminal proceedings, or in any proceedings that would expose the individual to a penalty, other than proceedings for an offence against:\n    (a) section 17 (false or misleading information given in connection with a sanction law); or\n    (b) section 21 (failure to comply with requirement to give information or document).\n\n#### 23 CEO may copy documents\n\n  If a person gives a document to the CEO of a designated Commonwealth entity under section 19, the CEO:\n    (a) may take and keep a copy of the document; and\n    (b) must return the document to the person within a reasonable time.\n\n#### 24 Further disclosure and use of information and documents\n\n  Disclosure and use of information etc. within entity\n  (1) An officer of a designated Commonwealth entity may do any of the following for a purpose connected with the administration of a sanction law:\n    (a) copy, make a record of or use any information or document;\n    (b) disclose any information, or give any document, to another officer of that entity.\n  Disclosure outside of entity\n  (2) A CEO of a designated Commonwealth entity may disclose any information or give any document to any of the following for a purpose connected with the administration of a sanction law:\n    (a) a Minister of the Commonwealth, a State or a Territory;\n    (b) the CEO of another Commonwealth entity;\n    (c) a State or Territory entity;\n    (d) a foreign government entity;\n    (e) a public international organisation;\n    (f) a person or entity specified in an instrument under subsection (3).\n  (3) The Minister may by legislative instrument specify a person or entity for the purposes of paragraph (2)(f).\n  (4) A CEO of a designated Commonwealth entity may disclose information under subsection (2) only if the CEO is satisfied that the recipient of the disclosure will not disclose the information to anyone else without the CEO’s consent.\n  (5) Subsection (2) has effect subject to subsection (4).\n  Relationship with other laws\n  (6) Subsections (1) and (2) apply despite:\n    (a) a law of the Commonwealth other than this section; and\n    (b) a law of a State or a Territory.\n\n#### 25 Protection from liability\n\n  (1) A person who, in good faith, gives, discloses, copies, makes a record of or uses information or a document under section 18, 19, 23 or 24 is not liable:\n    (a) to any proceedings for contravening any other law because of that conduct; or\n    (b) to civil proceedings for loss, damage or injury of any kind suffered by another person or entity because of that conduct.\n  (2) Subsection (1) does not prevent the person from being liable to a proceeding for conduct of the person that is revealed by the information or document.\n\n#### 26 Retention of records and documents\n\n  (1) A person who applies for an authorisation (however described) under a sanction law must retain any records or documents relating to that application for the period of 5 years beginning on:\n    (a) if the authorisation was granted—the last day on which an action to which the authorisation relates was done; or\n    (b) if the authorisation was not granted—the day on which the application was made.\n\n> Note: Example: An example of an authorisation is a licence, permission, consent or approval.\n\n  (2) A person who is granted an authorisation (however described) under a sanction law must retain any records or documents relating to the person’s compliance with any conditions to which the authorisation is subject for the period of 5 years beginning on the last day on which an action to which the authorisation relates was done.\n\n> Note: A person may commit an offence if the person fails to give under section 19 a record or document that is required to be retained under this section: see section 21.\n\n#### 27 Delegation\n\n  (1) The CEO of a Commonwealth entity may by written instrument delegate all or any of his or her powers or functions under this Part to:\n    (a) an SES employee or acting SES employee of the entity; or\n    (b) an employee of the entity of equivalent rank to an SES employee.\n  (2) In exercising powers or performing functions delegated under subsection (1), the delegate must comply with any directions of the CEO.\n\n## Part 5—Miscellaneous\n\n#### 28 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":10},{"sectionNumber":"Division 1","sectionType":"division","heading":"Making and effect of regulations","content":"An Act to make provision relating to sanctions to facilitate the conduct of Australia’s external affairs, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Autonomous Sanctions Act 2011.\n\n#### 2 Commencement\n\n  This Act commences on the day after this Act receives the Royal Assent.\n\n#### 3 Objects of this Act\n\n  (1) The main objects of this Act are to:\n    (a) provide for autonomous sanctions; and\n    (b) provide for enforcement of autonomous sanctions (whether applied under this Act or another law of the Commonwealth); and\n    (c) facilitate the collection, flow and use of information relevant to the administration of autonomous sanctions (whether applied under this Act or another law of the Commonwealth).\n  Country‑specific sanctions\n  (2) Without limiting subsection (1), the autonomous sanctions may address matters that are of international concern in relation to one or more particular foreign countries.\n  Thematic sanctions\n  (3) Without limiting subsection (1), the autonomous sanctions may address one or more of the following:\n    (a) the proliferation of weapons of mass destruction;\n    (b) threats to international peace and security;\n    (c) malicious cyber activity;\n    (d) serious violations or serious abuses of human rights;\n    (e) activities undermining good governance or the rule of law, including serious corruption;\n    (f) serious violations of international humanitarian law.\n\n#### 4 Definitions\n\n  In this Act:\n\n> asset means:\n\n    (a) an asset of any kind or property of any kind, whether tangible or intangible, movable or immovable, however acquired; and\n    (b) a legal document or instrument in any form (including electronic or digital) evidencing title to, or interest in, such an asset or such property.\n\n> Note: Some examples of documents and instruments described in paragraph (b) are bank credits, travellers cheques, bank cheques, money orders, shares, securities, bonds, debt instruments, drafts and letters of credit.\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> autonomous sanction means a sanction that:\n\n    (a) is intended to influence, directly or indirectly, one or more of the following in accordance with Australian Government policy:\n    (i) a foreign government entity;\n    (ii) a member of a foreign government entity;\n    (iii) another person or entity outside Australia; or\n    (b) involves the prohibition of conduct in or connected with Australia that facilitates, directly or indirectly, the engagement by a person or entity described in subparagraph (a)(i), (ii) or (iii) in action outside Australia that is contrary to Australian Government policy.\n\n> CEO of a Commonwealth entity means the chief executive officer (however described) of that entity.\n\n> Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> designated Commonwealth entity means a Commonwealth entity that:\n\n    (a) is a designated Commonwealth entity under the Charter of the United Nations Act 1945; or\n    (b) is specified in an instrument under section 5.\n\n> foreign government entity means:\n\n    (a) the government of a foreign country or of part of a foreign country; or\n    (b) an authority of the government of a foreign country; or\n    (c) an authority of the government of part of a foreign country.\n\n> officer of a Commonwealth entity includes:\n\n    (a) the CEO of the Commonwealth entity; and\n    (b) an employee of the Commonwealth entity; and\n    (c) any other person engaged by the Commonwealth entity, under contract or otherwise, to exercise powers, or perform duties or functions, of the Commonwealth entity.\n\n> public international organisation has the meaning given by section 70.1 of the Criminal Code.\n\n> sanction law means a provision that is specified in an instrument under subsection 6(1).\n\n> State or Territory entity means:\n\n    (a) a State or Territory; or\n    (b) an authority of a State or Territory.\n\n> superior court means the Federal Court of Australia or the Supreme Court of a State or Territory.\n\n#### 5 Specifying a Commonwealth entity as a designated Commonwealth entity\n\n  The Minister may by legislative instrument specify a Commonwealth entity as a designated Commonwealth entity.\n\n#### 6 Specifying a provision as a sanction law\n\n  (1) For the purpose of furthering the main objects of this Act, the Minister may by legislative instrument specify a provision of a law of the Commonwealth as a sanction law.\n  (2) The Minister may specify a provision in relation to particular circumstances.\n\n#### 7 Extension to external Territories\n\n  This Act extends to every external Territory.\n\n#### 8 Act binds the Crown\n\n  (1) This Act binds the Crown in each of its capacities.\n  (2) This Act does not make the Crown liable to be prosecuted for an offence.\n\n#### 9 Relationship with other laws\n\n  This Act does not limit the operation of other laws of the Commonwealth so far as they operate to provide for autonomous sanctions or operate in relation to autonomous sanctions.\n\n## Part 2—Regulations to provide for sanctions\n\n### Division 1—Making and effect of regulations\n\n#### 10 Regulations may apply sanctions\n\n  (1) The regulations may make provision relating to any or all of the following:\n    (a) proscription of persons or entities (for specified purposes or more generally);\n    (b) restriction or prevention of uses of, dealings with, and making available of, assets;\n    (c) restriction or prevention of the supply, sale or transfer of goods or services;\n    (d) restriction or prevention of the procurement of goods or services;\n    (e) provision for indemnities for acting in compliance or purported compliance with the regulations;\n    (f) provision for compensation for owners of assets that are affected by regulations relating to a restriction or prevention described in paragraph (b).\n  (2) Before the Governor‑General makes regulations for the purposes of subsection (1), the Minister must be satisfied that the proposed regulations:\n    (a) will facilitate the conduct of Australia’s relations with other countries or with entities or persons outside Australia; or\n    (b) will otherwise deal with matters, things or relationships outside Australia.\n  (3) Despite subsection 14(2) of the Legislation Act 2003, regulations made for the purposes of subsection (1) may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n  (4) If:\n    (a) under a provision of the regulations, the Minister has a power to make a legislative instrument relating to the proscription of persons or entities other than by reference to one or more particular countries; and\n    (b) under that provision, the Minister proposes to make a legislative instrument proscribing one or more persons or entities;\n  then before making the instrument:\n    (c) the Minister must consult the Attorney‑General and obtain the Attorney‑General’s agreement in writing to the making of the instrument; and\n    (d) the Minister must consult such other Ministers as the Minister considers appropriate.\n  (5) If:\n    (a) under the regulations, the Minister has made a legislative instrument proscribing one or more persons or entities other than by reference to one or more particular countries; and\n    (b) under the regulations, the Minister proposes to make another legislative instrument continuing the effect of the proscription, or revoking the proscription, of one or more of those persons or entities;\n  then before making the other instrument:\n    (c) the Minister must consult the Attorney‑General and obtain the Attorney‑General’s agreement in writing to the making of the other instrument; and\n    (d) the Minister must consult such other Ministers as the Minister considers appropriate.\n  (6) If, under a provision of the regulations, the Minister has a power to make a legislative instrument, the Minister must not, under the regulations, delegate that power to another person.\n\n#### 10A Proscription of persons or entities relating to past circumstances, actions or positions\n\n  Without limiting subsection 10(1), regulations made for the purposes of paragraph 10(1)(a) may make provision relating to the proscription of persons or entities (for specified purposes or more generally) on the basis of:\n    (a) specified circumstances; or\n    (b) the actions of, or position held by, those persons or entities;\n  regardless of the period of time that has elapsed since the circumstances existed, the actions were so taken or position was so held.\n\n#### 11 Regulations may have extraterritorial effect\n\n  (1) The regulations may be expressed to have extraterritorial effect.\n  (2) If they are so expressed, they have effect accordingly, and so does Division 2 of this Part.\n\n#### 12 Effect of regulations on earlier Commonwealth Acts and on State and Territory laws\n\n  The regulations have effect despite:\n    (a) an Act enacted before the commencement of this section; or\n    (b) an instrument made under such an Act (including such an instrument made at or after that commencement); or\n    (c) a law of a State or Territory; or\n    (d) an instrument made under such a law.\n\n#### 13 Later Acts not to be interpreted as overriding this Part or the regulations\n\n  (1) An Act enacted at or after the commencement of this section is not to be interpreted as:\n    (a) amending or repealing, or otherwise altering the effect or operation of, a provision of this Part or of the regulations; or\n    (b) authorising the making of an instrument amending or repealing, or otherwise altering the effect or operation of, a provision of this Part or of the regulations.\n  (2) Subsection (1) does not affect the interpretation of an Act so far as that Act provides expressly for that Act, or for an instrument made under that Act, to have effect despite this Act, despite the regulations, or despite a specified provision of this Act or of the regulations.\n\n### Division 2—Enforcing the regulations\n\n#### 14 Injunctions\n\n  (1) If a person has engaged, is engaging, or proposes to engage, in conduct involving a contravention of the regulations, a superior court may by order grant an injunction restraining the person from engaging in the conduct.\n\n> Note: Contravention of the regulations may also be an offence against section 16.\n\n  (2) An injunction may be granted only on application by the Attorney‑General.\n  (3) On an application, the court may grant an injunction by consent of all parties to the proceedings, whether or not the court is satisfied that subsection (1) applies.\n  (4) A superior court may grant an interim injunction pending its determination of an application.\n  (5) A court is not to require the Attorney‑General or anyone else to give an undertaking as to damages, as a condition of granting an interim injunction.\n  (6) A court may discharge or vary an injunction it has granted.\n  (7) The power to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n    (a) whether or not it appears to the court that the person intends to engage again, or to continue to engage, in such conduct; and\n    (b) whether or not the person has previously engaged in such conduct.\n\n#### 15 Invalidation of authorisations\n\n  An authorisation (however described) granted under the regulations is taken never to have been granted if information contained in, or information or a document accompanying, the application for the authorisation:\n    (a) is false or misleading in a material particular; or\n    (b) omits any matter or thing without which the information or document is misleading in a material particular.\n\n> Note: Example: An example of an authorisation is a licence, permission, consent or approval.\n\n## Part 3—Offences relating to sanctions\n\n#### 16 Offence—contravening a sanction law\n\n  Individuals\n  (1) An individual commits an offence if:\n    (a) the individual engages in conduct; and\n    (b) the conduct contravenes a sanction law.\n  (2) An individual commits an offence if:\n    (a) the individual engages in conduct; and\n    (b) the conduct contravenes a condition of an authorisation (however described) under a sanction law.\n\n> Note: Example: An example of an authorisation is a licence, permission, consent or approval.\n\n  (3) An offence against subsection (1) or (2) is punishable on conviction by imprisonment for not more than 10 years, a fine not exceeding the amount worked out under subsection (4), or both.\n  (4) For the purposes of subsection (3), the amount is:\n    (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following:\n    (i) 3 times the value of the transaction or transactions;\n    (ii) 2,500 penalty units; or\n    (b) otherwise—2,500 penalty units.\n  Bodies corporate\n  (5) A body corporate commits an offence if:\n    (a) the body corporate engages in conduct; and\n    (b) the conduct contravenes a sanction law.\n  (6) A body corporate commits an offence if:\n    (a) the body corporate engages in conduct; and\n    (b) the conduct contravenes a condition of an authorisation (however described) under a sanction law.\n\n> Note: Example: An example of an authorisation is a licence, permission, consent or approval.\n\n  (7) Subsection (5) or (6) does not apply if the body corporate proves that it took reasonable precautions, and exercised due diligence, to avoid contravening that subsection.\n\n> Note: The body corporate bears a legal burden in relation to the matter in subsection (7): see section 13.4 of the Criminal Code.\n\n  (8) An offence against subsection (5) or (6) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (9) An offence against subsection (5) or (6) is punishable on conviction by a fine not exceeding:\n    (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following:\n    (i) 3 times the value of the transaction or transactions;\n    (ii) 10,000 penalty units; or\n    (b) otherwise—10,000 penalty units.\n  Definition\n  (10) In this section:\n\n> engage in conduct means:\n\n    (a) do an act; or\n    (b) omit to perform an act.\n\n#### 17 Offence—false or misleading information given in connection with a sanction law\n\n  (1) A person commits an offence if:\n    (a) the person gives information or a document to a Commonwealth entity; and\n    (b) the information or document is given in connection with the administration of a sanction law; and\n    (c) the information or document:\n    (i) is false or misleading; or\n    (ii) omits any matter or thing without which the information or document is misleading.\n\nPenalty: Imprisonment for 10 years, 2,500 penalty units or both.\n\n  (2) A person (the first person) commits an offence if:\n    (a) the first person gives information or a document to another person; and\n    (b) the first person is reckless as to whether the other person or someone else will give the information or document to a Commonwealth entity in connection with the administration of a sanction law; and\n    (c) the information or document:\n    (i) is false or misleading; or\n    (ii) omits any matter or thing without which the information or document is misleading.\n\nPenalty: Imprisonment for 10 years, 2,500 penalty units or both.\n\n  (3) Subsection (1) or (2) does not apply:\n    (a) as a result of subparagraph (1)(c)(i) or (2)(c)(i) if the information or document is not false or misleading in a material particular; or\n    (b) as a result of subparagraph (1)(c)(ii) or (2)(c)(ii) if the information or document did not omit any matter or thing without which the information or document is misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.\n\n  Geographical application of offences\n  (4) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1) or (2).\n\n## Part 4—Information relating to sanctions\n\n#### 18 CEO of Commonwealth entity may give information or document on request by CEO of designated Commonwealth entity\n\n  (1) The CEO (the designated CEO) of a designated Commonwealth entity may request the CEO (the requested CEO) of a Commonwealth entity to give the designated CEO specified information or documents for a purpose directly related to the administration of a sanction law.\n  (2) The requested CEO may comply with the request, despite any other law of the Commonwealth, a State or a Territory.\n\n#### 19 Power to require information or documents to be given\n\n  (1) The CEO of a designated Commonwealth entity may, for the purpose of determining whether a sanction law has been or is being complied with, give a person a written notice requiring the person to do either or both of the following:\n    (a) to give the CEO information of the kind, by the time and in any manner or form, specified in the notice;\n    (b) to give the CEO documents of the kind, by the time and in any manner, specified in the notice.\n  (2) The person must comply with the notice despite any other law of the Commonwealth, a State or a Territory.\n  (3) The time specified in the notice must be reasonable.\n  (4) The person may, before the time specified in the notice, request the CEO to extend the time by which the information or documents must be given.\n  (5) The CEO may, by written notice given to the person, vary the notice under subsection (1) to specify a later time by which the information or documents must be given.\n  (6) Subsection (5) does not limit the application of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (1).\n\n> Note: Subsection 33(3) of the Acts Interpretation Act 1901 deals with revocation and variation etc. of instruments.\n\n  (7) Subsection (1) does not apply if:\n    (a) the person is the Commonwealth or a Commonwealth entity; or\n    (b) the person:\n    (i) is, or has at any time been, an officer of a Commonwealth entity; and\n    (ii) obtained or generated the information or document in the course of carrying out his or her duties as an officer of the Commonwealth entity.\n\n#### 20 Information may be required to be given on oath\n\n  The CEO may require the information to be verified by, or given on, oath or affirmation that the information is true.\n\n#### 21 Offence for failure to comply with requirement\n\n  (1) A person commits an offence if:\n    (a) the person has been given a notice under section 19; and\n    (b) the person does not comply with the notice.\n\nPenalty: Imprisonment for 12 months.\n\n  (2) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1).\n\n#### 22 Self‑incrimination not an excuse\n\n  (1) An individual is not excused from giving information or a document under section 19 on the ground that the information, or the giving of the document, might tend to incriminate the individual or otherwise expose the individual to a penalty or other liability.\n  (2) However, neither the information given nor the giving of the document is admissible in evidence against the individual in any criminal proceedings, or in any proceedings that would expose the individual to a penalty, other than proceedings for an offence against:\n    (a) section 17 (false or misleading information given in connection with a sanction law); or\n    (b) section 21 (failure to comply with requirement to give information or document).\n\n#### 23 CEO may copy documents\n\n  If a person gives a document to the CEO of a designated Commonwealth entity under section 19, the CEO:\n    (a) may take and keep a copy of the document; and\n    (b) must return the document to the person within a reasonable time.\n\n#### 24 Further disclosure and use of information and documents\n\n  Disclosure and use of information etc. within entity\n  (1) An officer of a designated Commonwealth entity may do any of the following for a purpose connected with the administration of a sanction law:\n    (a) copy, make a record of or use any information or document;\n    (b) disclose any information, or give any document, to another officer of that entity.\n  Disclosure outside of entity\n  (2) A CEO of a designated Commonwealth entity may disclose any information or give any document to any of the following for a purpose connected with the administration of a sanction law:\n    (a) a Minister of the Commonwealth, a State or a Territory;\n    (b) the CEO of another Commonwealth entity;\n    (c) a State or Territory entity;\n    (d) a foreign government entity;\n    (e) a public international organisation;\n    (f) a person or entity specified in an instrument under subsection (3).\n  (3) The Minister may by legislative instrument specify a person or entity for the purposes of paragraph (2)(f).\n  (4) A CEO of a designated Commonwealth entity may disclose information under subsection (2) only if the CEO is satisfied that the recipient of the disclosure will not disclose the information to anyone else without the CEO’s consent.\n  (5) Subsection (2) has effect subject to subsection (4).\n  Relationship with other laws\n  (6) Subsections (1) and (2) apply despite:\n    (a) a law of the Commonwealth other than this section; and\n    (b) a law of a State or a Territory.\n\n#### 25 Protection from liability\n\n  (1) A person who, in good faith, gives, discloses, copies, makes a record of or uses information or a document under section 18, 19, 23 or 24 is not liable:\n    (a) to any proceedings for contravening any other law because of that conduct; or\n    (b) to civil proceedings for loss, damage or injury of any kind suffered by another person or entity because of that conduct.\n  (2) Subsection (1) does not prevent the person from being liable to a proceeding for conduct of the person that is revealed by the information or document.\n\n#### 26 Retention of records and documents\n\n  (1) A person who applies for an authorisation (however described) under a sanction law must retain any records or documents relating to that application for the period of 5 years beginning on:\n    (a) if the authorisation was granted—the last day on which an action to which the authorisation relates was done; or\n    (b) if the authorisation was not granted—the day on which the application was made.\n\n> Note: Example: An example of an authorisation is a licence, permission, consent or approval.\n\n  (2) A person who is granted an authorisation (however described) under a sanction law must retain any records or documents relating to the person’s compliance with any conditions to which the authorisation is subject for the period of 5 years beginning on the last day on which an action to which the authorisation relates was done.\n\n> Note: A person may commit an offence if the person fails to give under section 19 a record or document that is required to be retained under this section: see section 21.\n\n#### 27 Delegation\n\n  (1) The CEO of a Commonwealth entity may by written instrument delegate all or any of his or her powers or functions under this Part to:\n    (a) an SES employee or acting SES employee of the entity; or\n    (b) an employee of the entity of equivalent rank to an SES employee.\n  (2) In exercising powers or performing functions delegated under subsection (1), the delegate must comply with any directions of the CEO.\n\n## Part 5—Miscellaneous\n\n#### 28 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Regulations may apply sanctions","content":"#### 10 Regulations may apply sanctions\n\n  (1) The regulations may make provision relating to any or all of the following:\n    (a) proscription of persons or entities (for specified purposes or more generally);\n    (b) restriction or prevention of uses of, dealings with, and making available of, assets;\n    (c) restriction or prevention of the supply, sale or transfer of goods or services;\n    (d) restriction or prevention of the procurement of goods or services;\n    (e) provision for indemnities for acting in compliance or purported compliance with the regulations;\n    (f) provision for compensation for owners of assets that are affected by regulations relating to a restriction or prevention described in paragraph (b).\n  (2) Before the Governor‑General makes regulations for the purposes of subsection (1), the Minister must be satisfied that the proposed regulations:\n    (a) will facilitate the conduct of Australia’s relations with other countries or with entities or persons outside Australia; or\n    (b) will otherwise deal with matters, things or relationships outside Australia.\n  (3) Despite subsection 14(2) of the Legislation Act 2003, regulations made for the purposes of subsection (1) may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n  (4) If:\n    (a) under a provision of the regulations, the Minister has a power to make a legislative instrument relating to the proscription of persons or entities other than by reference to one or more particular countries; and\n    (b) under that provision, the Minister proposes to make a legislative instrument proscribing one or more persons or entities;\n  then before making the instrument:\n    (c) the Minister must consult the Attorney‑General and obtain the Attorney‑General’s agreement in writing to the making of the instrument; and\n    (d) the Minister must consult such other Ministers as the Minister considers appropriate.\n  (5) If:\n    (a) under the regulations, the Minister has made a legislative instrument proscribing one or more persons or entities other than by reference to one or more particular countries; and\n    (b) under the regulations, the Minister proposes to make another legislative instrument continuing the effect of the proscription, or revoking the proscription, of one or more of those persons or entities;\n  then before making the other instrument:\n    (c) the Minister must consult the Attorney‑General and obtain the Attorney‑General’s agreement in writing to the making of the other instrument; and\n    (d) the Minister must consult such other Ministers as the Minister considers appropriate.\n  (6) If, under a provision of the regulations, the Minister has a power to make a legislative instrument, the Minister must not, under the regulations, delegate that power to another person.","sortOrder":12},{"sectionNumber":"10A","sectionType":"section","heading":"Proscription of persons or entities relating to past circumstances, actions or positions","content":"#### 10A Proscription of persons or entities relating to past circumstances, actions or positions\n\n  Without limiting subsection 10(1), regulations made for the purposes of paragraph 10(1)(a) may make provision relating to the proscription of persons or entities (for specified purposes or more generally) on the basis of:\n    (a) specified circumstances; or\n    (b) the actions of, or position held by, those persons or entities;\n  regardless of the period of time that has elapsed since the circumstances existed, the actions were so taken or position was so held.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Regulations may have extraterritorial effect","content":"#### 11 Regulations may have extraterritorial effect\n\n  (1) The regulations may be expressed to have extraterritorial effect.\n  (2) If they are so expressed, they have effect accordingly, and so does Division 2 of this Part.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Effect of regulations on earlier Commonwealth Acts and on State and Territory laws","content":"#### 12 Effect of regulations on earlier Commonwealth Acts and on State and Territory laws\n\n  The regulations have effect despite:\n    (a) an Act enacted before the commencement of this section; or\n    (b) an instrument made under such an Act (including such an instrument made at or after that commencement); or\n    (c) a law of a State or Territory; or\n    (d) an instrument made under such a law.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Later Acts not to be interpreted as overriding this Part or the regulations","content":"#### 13 Later Acts not to be interpreted as overriding this Part or the regulations\n\n  (1) An Act enacted at or after the commencement of this section is not to be interpreted as:\n    (a) amending or repealing, or otherwise altering the effect or operation of, a provision of this Part or of the regulations; or\n    (b) authorising the making of an instrument amending or repealing, or otherwise altering the effect or operation of, a provision of this Part or of the regulations.\n  (2) Subsection (1) does not affect the interpretation of an Act so far as that Act provides expressly for that Act, or for an instrument made under that Act, to have effect despite this Act, despite the regulations, or despite a specified provision of this Act or of the regulations.","sortOrder":16},{"sectionNumber":"Division 2","sectionType":"division","heading":"Enforcing the regulations","content":"An Act to make provision relating to sanctions to facilitate the conduct of Australia’s external affairs, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Autonomous Sanctions Act 2011.\n\n#### 2 Commencement\n\n  This Act commences on the day after this Act receives the Royal Assent.\n\n#### 3 Objects of this Act\n\n  (1) The main objects of this Act are to:\n    (a) provide for autonomous sanctions; and\n    (b) provide for enforcement of autonomous sanctions (whether applied under this Act or another law of the Commonwealth); and\n    (c) facilitate the collection, flow and use of information relevant to the administration of autonomous sanctions (whether applied under this Act or another law of the Commonwealth).\n  Country‑specific sanctions\n  (2) Without limiting subsection (1), the autonomous sanctions may address matters that are of international concern in relation to one or more particular foreign countries.\n  Thematic sanctions\n  (3) Without limiting subsection (1), the autonomous sanctions may address one or more of the following:\n    (a) the proliferation of weapons of mass destruction;\n    (b) threats to international peace and security;\n    (c) malicious cyber activity;\n    (d) serious violations or serious abuses of human rights;\n    (e) activities undermining good governance or the rule of law, including serious corruption;\n    (f) serious violations of international humanitarian law.\n\n#### 4 Definitions\n\n  In this Act:\n\n> asset means:\n\n    (a) an asset of any kind or property of any kind, whether tangible or intangible, movable or immovable, however acquired; and\n    (b) a legal document or instrument in any form (including electronic or digital) evidencing title to, or interest in, such an asset or such property.\n\n> Note: Some examples of documents and instruments described in paragraph (b) are bank credits, travellers cheques, bank cheques, money orders, shares, securities, bonds, debt instruments, drafts and letters of credit.\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> autonomous sanction means a sanction that:\n\n    (a) is intended to influence, directly or indirectly, one or more of the following in accordance with Australian Government policy:\n    (i) a foreign government entity;\n    (ii) a member of a foreign government entity;\n    (iii) another person or entity outside Australia; or\n    (b) involves the prohibition of conduct in or connected with Australia that facilitates, directly or indirectly, the engagement by a person or entity described in subparagraph (a)(i), (ii) or (iii) in action outside Australia that is contrary to Australian Government policy.\n\n> CEO of a Commonwealth entity means the chief executive officer (however described) of that entity.\n\n> Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> designated Commonwealth entity means a Commonwealth entity that:\n\n    (a) is a designated Commonwealth entity under the Charter of the United Nations Act 1945; or\n    (b) is specified in an instrument under section 5.\n\n> foreign government entity means:\n\n    (a) the government of a foreign country or of part of a foreign country; or\n    (b) an authority of the government of a foreign country; or\n    (c) an authority of the government of part of a foreign country.\n\n> officer of a Commonwealth entity includes:\n\n    (a) the CEO of the Commonwealth entity; and\n    (b) an employee of the Commonwealth entity; and\n    (c) any other person engaged by the Commonwealth entity, under contract or otherwise, to exercise powers, or perform duties or functions, of the Commonwealth entity.\n\n> public international organisation has the meaning given by section 70.1 of the Criminal Code.\n\n> sanction law means a provision that is specified in an instrument under subsection 6(1).\n\n> State or Territory entity means:\n\n    (a) a State or Territory; or\n    (b) an authority of a State or Territory.\n\n> superior court means the Federal Court of Australia or the Supreme Court of a State or Territory.\n\n#### 5 Specifying a Commonwealth entity as a designated Commonwealth entity\n\n  The Minister may by legislative instrument specify a Commonwealth entity as a designated Commonwealth entity.\n\n#### 6 Specifying a provision as a sanction law\n\n  (1) For the purpose of furthering the main objects of this Act, the Minister may by legislative instrument specify a provision of a law of the Commonwealth as a sanction law.\n  (2) The Minister may specify a provision in relation to particular circumstances.\n\n#### 7 Extension to external Territories\n\n  This Act extends to every external Territory.\n\n#### 8 Act binds the Crown\n\n  (1) This Act binds the Crown in each of its capacities.\n  (2) This Act does not make the Crown liable to be prosecuted for an offence.\n\n#### 9 Relationship with other laws\n\n  This Act does not limit the operation of other laws of the Commonwealth so far as they operate to provide for autonomous sanctions or operate in relation to autonomous sanctions.\n\n## Part 2—Regulations to provide for sanctions\n\n### Division 1—Making and effect of regulations\n\n#### 10 Regulations may apply sanctions\n\n  (1) The regulations may make provision relating to any or all of the following:\n    (a) proscription of persons or entities (for specified purposes or more generally);\n    (b) restriction or prevention of uses of, dealings with, and making available of, assets;\n    (c) restriction or prevention of the supply, sale or transfer of goods or services;\n    (d) restriction or prevention of the procurement of goods or services;\n    (e) provision for indemnities for acting in compliance or purported compliance with the regulations;\n    (f) provision for compensation for owners of assets that are affected by regulations relating to a restriction or prevention described in paragraph (b).\n  (2) Before the Governor‑General makes regulations for the purposes of subsection (1), the Minister must be satisfied that the proposed regulations:\n    (a) will facilitate the conduct of Australia’s relations with other countries or with entities or persons outside Australia; or\n    (b) will otherwise deal with matters, things or relationships outside Australia.\n  (3) Despite subsection 14(2) of the Legislation Act 2003, regulations made for the purposes of subsection (1) may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.\n  (4) If:\n    (a) under a provision of the regulations, the Minister has a power to make a legislative instrument relating to the proscription of persons or entities other than by reference to one or more particular countries; and\n    (b) under that provision, the Minister proposes to make a legislative instrument proscribing one or more persons or entities;\n  then before making the instrument:\n    (c) the Minister must consult the Attorney‑General and obtain the Attorney‑General’s agreement in writing to the making of the instrument; and\n    (d) the Minister must consult such other Ministers as the Minister considers appropriate.\n  (5) If:\n    (a) under the regulations, the Minister has made a legislative instrument proscribing one or more persons or entities other than by reference to one or more particular countries; and\n    (b) under the regulations, the Minister proposes to make another legislative instrument continuing the effect of the proscription, or revoking the proscription, of one or more of those persons or entities;\n  then before making the other instrument:\n    (c) the Minister must consult the Attorney‑General and obtain the Attorney‑General’s agreement in writing to the making of the other instrument; and\n    (d) the Minister must consult such other Ministers as the Minister considers appropriate.\n  (6) If, under a provision of the regulations, the Minister has a power to make a legislative instrument, the Minister must not, under the regulations, delegate that power to another person.\n\n#### 10A Proscription of persons or entities relating to past circumstances, actions or positions\n\n  Without limiting subsection 10(1), regulations made for the purposes of paragraph 10(1)(a) may make provision relating to the proscription of persons or entities (for specified purposes or more generally) on the basis of:\n    (a) specified circumstances; or\n    (b) the actions of, or position held by, those persons or entities;\n  regardless of the period of time that has elapsed since the circumstances existed, the actions were so taken or position was so held.\n\n#### 11 Regulations may have extraterritorial effect\n\n  (1) The regulations may be expressed to have extraterritorial effect.\n  (2) If they are so expressed, they have effect accordingly, and so does Division 2 of this Part.\n\n#### 12 Effect of regulations on earlier Commonwealth Acts and on State and Territory laws\n\n  The regulations have effect despite:\n    (a) an Act enacted before the commencement of this section; or\n    (b) an instrument made under such an Act (including such an instrument made at or after that commencement); or\n    (c) a law of a State or Territory; or\n    (d) an instrument made under such a law.\n\n#### 13 Later Acts not to be interpreted as overriding this Part or the regulations\n\n  (1) An Act enacted at or after the commencement of this section is not to be interpreted as:\n    (a) amending or repealing, or otherwise altering the effect or operation of, a provision of this Part or of the regulations; or\n    (b) authorising the making of an instrument amending or repealing, or otherwise altering the effect or operation of, a provision of this Part or of the regulations.\n  (2) Subsection (1) does not affect the interpretation of an Act so far as that Act provides expressly for that Act, or for an instrument made under that Act, to have effect despite this Act, despite the regulations, or despite a specified provision of this Act or of the regulations.\n\n### Division 2—Enforcing the regulations\n\n#### 14 Injunctions\n\n  (1) If a person has engaged, is engaging, or proposes to engage, in conduct involving a contravention of the regulations, a superior court may by order grant an injunction restraining the person from engaging in the conduct.\n\n> Note: Contravention of the regulations may also be an offence against section 16.\n\n  (2) An injunction may be granted only on application by the Attorney‑General.\n  (3) On an application, the court may grant an injunction by consent of all parties to the proceedings, whether or not the court is satisfied that subsection (1) applies.\n  (4) A superior court may grant an interim injunction pending its determination of an application.\n  (5) A court is not to require the Attorney‑General or anyone else to give an undertaking as to damages, as a condition of granting an interim injunction.\n  (6) A court may discharge or vary an injunction it has granted.\n  (7) The power to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n    (a) whether or not it appears to the court that the person intends to engage again, or to continue to engage, in such conduct; and\n    (b) whether or not the person has previously engaged in such conduct.\n\n#### 15 Invalidation of authorisations\n\n  An authorisation (however described) granted under the regulations is taken never to have been granted if information contained in, or information or a document accompanying, the application for the authorisation:\n    (a) is false or misleading in a material particular; or\n    (b) omits any matter or thing without which the information or document is misleading in a material particular.\n\n> Note: Example: An example of an authorisation is a licence, permission, consent or approval.\n\n## Part 3—Offences relating to sanctions\n\n#### 16 Offence—contravening a sanction law\n\n  Individuals\n  (1) An individual commits an offence if:\n    (a) the individual engages in conduct; and\n    (b) the conduct contravenes a sanction law.\n  (2) An individual commits an offence if:\n    (a) the individual engages in conduct; and\n    (b) the conduct contravenes a condition of an authorisation (however described) under a sanction law.\n\n> Note: Example: An example of an authorisation is a licence, permission, consent or approval.\n\n  (3) An offence against subsection (1) or (2) is punishable on conviction by imprisonment for not more than 10 years, a fine not exceeding the amount worked out under subsection (4), or both.\n  (4) For the purposes of subsection (3), the amount is:\n    (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following:\n    (i) 3 times the value of the transaction or transactions;\n    (ii) 2,500 penalty units; or\n    (b) otherwise—2,500 penalty units.\n  Bodies corporate\n  (5) A body corporate commits an offence if:\n    (a) the body corporate engages in conduct; and\n    (b) the conduct contravenes a sanction law.\n  (6) A body corporate commits an offence if:\n    (a) the body corporate engages in conduct; and\n    (b) the conduct contravenes a condition of an authorisation (however described) under a sanction law.\n\n> Note: Example: An example of an authorisation is a licence, permission, consent or approval.\n\n  (7) Subsection (5) or (6) does not apply if the body corporate proves that it took reasonable precautions, and exercised due diligence, to avoid contravening that subsection.\n\n> Note: The body corporate bears a legal burden in relation to the matter in subsection (7): see section 13.4 of the Criminal Code.\n\n  (8) An offence against subsection (5) or (6) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (9) An offence against subsection (5) or (6) is punishable on conviction by a fine not exceeding:\n    (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following:\n    (i) 3 times the value of the transaction or transactions;\n    (ii) 10,000 penalty units; or\n    (b) otherwise—10,000 penalty units.\n  Definition\n  (10) In this section:\n\n> engage in conduct means:\n\n    (a) do an act; or\n    (b) omit to perform an act.\n\n#### 17 Offence—false or misleading information given in connection with a sanction law\n\n  (1) A person commits an offence if:\n    (a) the person gives information or a document to a Commonwealth entity; and\n    (b) the information or document is given in connection with the administration of a sanction law; and\n    (c) the information or document:\n    (i) is false or misleading; or\n    (ii) omits any matter or thing without which the information or document is misleading.\n\nPenalty: Imprisonment for 10 years, 2,500 penalty units or both.\n\n  (2) A person (the first person) commits an offence if:\n    (a) the first person gives information or a document to another person; and\n    (b) the first person is reckless as to whether the other person or someone else will give the information or document to a Commonwealth entity in connection with the administration of a sanction law; and\n    (c) the information or document:\n    (i) is false or misleading; or\n    (ii) omits any matter or thing without which the information or document is misleading.\n\nPenalty: Imprisonment for 10 years, 2,500 penalty units or both.\n\n  (3) Subsection (1) or (2) does not apply:\n    (a) as a result of subparagraph (1)(c)(i) or (2)(c)(i) if the information or document is not false or misleading in a material particular; or\n    (b) as a result of subparagraph (1)(c)(ii) or (2)(c)(ii) if the information or document did not omit any matter or thing without which the information or document is misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.\n\n  Geographical application of offences\n  (4) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1) or (2).\n\n## Part 4—Information relating to sanctions\n\n#### 18 CEO of Commonwealth entity may give information or document on request by CEO of designated Commonwealth entity\n\n  (1) The CEO (the designated CEO) of a designated Commonwealth entity may request the CEO (the requested CEO) of a Commonwealth entity to give the designated CEO specified information or documents for a purpose directly related to the administration of a sanction law.\n  (2) The requested CEO may comply with the request, despite any other law of the Commonwealth, a State or a Territory.\n\n#### 19 Power to require information or documents to be given\n\n  (1) The CEO of a designated Commonwealth entity may, for the purpose of determining whether a sanction law has been or is being complied with, give a person a written notice requiring the person to do either or both of the following:\n    (a) to give the CEO information of the kind, by the time and in any manner or form, specified in the notice;\n    (b) to give the CEO documents of the kind, by the time and in any manner, specified in the notice.\n  (2) The person must comply with the notice despite any other law of the Commonwealth, a State or a Territory.\n  (3) The time specified in the notice must be reasonable.\n  (4) The person may, before the time specified in the notice, request the CEO to extend the time by which the information or documents must be given.\n  (5) The CEO may, by written notice given to the person, vary the notice under subsection (1) to specify a later time by which the information or documents must be given.\n  (6) Subsection (5) does not limit the application of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (1).\n\n> Note: Subsection 33(3) of the Acts Interpretation Act 1901 deals with revocation and variation etc. of instruments.\n\n  (7) Subsection (1) does not apply if:\n    (a) the person is the Commonwealth or a Commonwealth entity; or\n    (b) the person:\n    (i) is, or has at any time been, an officer of a Commonwealth entity; and\n    (ii) obtained or generated the information or document in the course of carrying out his or her duties as an officer of the Commonwealth entity.\n\n#### 20 Information may be required to be given on oath\n\n  The CEO may require the information to be verified by, or given on, oath or affirmation that the information is true.\n\n#### 21 Offence for failure to comply with requirement\n\n  (1) A person commits an offence if:\n    (a) the person has been given a notice under section 19; and\n    (b) the person does not comply with the notice.\n\nPenalty: Imprisonment for 12 months.\n\n  (2) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1).\n\n#### 22 Self‑incrimination not an excuse\n\n  (1) An individual is not excused from giving information or a document under section 19 on the ground that the information, or the giving of the document, might tend to incriminate the individual or otherwise expose the individual to a penalty or other liability.\n  (2) However, neither the information given nor the giving of the document is admissible in evidence against the individual in any criminal proceedings, or in any proceedings that would expose the individual to a penalty, other than proceedings for an offence against:\n    (a) section 17 (false or misleading information given in connection with a sanction law); or\n    (b) section 21 (failure to comply with requirement to give information or document).\n\n#### 23 CEO may copy documents\n\n  If a person gives a document to the CEO of a designated Commonwealth entity under section 19, the CEO:\n    (a) may take and keep a copy of the document; and\n    (b) must return the document to the person within a reasonable time.\n\n#### 24 Further disclosure and use of information and documents\n\n  Disclosure and use of information etc. within entity\n  (1) An officer of a designated Commonwealth entity may do any of the following for a purpose connected with the administration of a sanction law:\n    (a) copy, make a record of or use any information or document;\n    (b) disclose any information, or give any document, to another officer of that entity.\n  Disclosure outside of entity\n  (2) A CEO of a designated Commonwealth entity may disclose any information or give any document to any of the following for a purpose connected with the administration of a sanction law:\n    (a) a Minister of the Commonwealth, a State or a Territory;\n    (b) the CEO of another Commonwealth entity;\n    (c) a State or Territory entity;\n    (d) a foreign government entity;\n    (e) a public international organisation;\n    (f) a person or entity specified in an instrument under subsection (3).\n  (3) The Minister may by legislative instrument specify a person or entity for the purposes of paragraph (2)(f).\n  (4) A CEO of a designated Commonwealth entity may disclose information under subsection (2) only if the CEO is satisfied that the recipient of the disclosure will not disclose the information to anyone else without the CEO’s consent.\n  (5) Subsection (2) has effect subject to subsection (4).\n  Relationship with other laws\n  (6) Subsections (1) and (2) apply despite:\n    (a) a law of the Commonwealth other than this section; and\n    (b) a law of a State or a Territory.\n\n#### 25 Protection from liability\n\n  (1) A person who, in good faith, gives, discloses, copies, makes a record of or uses information or a document under section 18, 19, 23 or 24 is not liable:\n    (a) to any proceedings for contravening any other law because of that conduct; or\n    (b) to civil proceedings for loss, damage or injury of any kind suffered by another person or entity because of that conduct.\n  (2) Subsection (1) does not prevent the person from being liable to a proceeding for conduct of the person that is revealed by the information or document.\n\n#### 26 Retention of records and documents\n\n  (1) A person who applies for an authorisation (however described) under a sanction law must retain any records or documents relating to that application for the period of 5 years beginning on:\n    (a) if the authorisation was granted—the last day on which an action to which the authorisation relates was done; or\n    (b) if the authorisation was not granted—the day on which the application was made.\n\n> Note: Example: An example of an authorisation is a licence, permission, consent or approval.\n\n  (2) A person who is granted an authorisation (however described) under a sanction law must retain any records or documents relating to the person’s compliance with any conditions to which the authorisation is subject for the period of 5 years beginning on the last day on which an action to which the authorisation relates was done.\n\n> Note: A person may commit an offence if the person fails to give under section 19 a record or document that is required to be retained under this section: see section 21.\n\n#### 27 Delegation\n\n  (1) The CEO of a Commonwealth entity may by written instrument delegate all or any of his or her powers or functions under this Part to:\n    (a) an SES employee or acting SES employee of the entity; or\n    (b) an employee of the entity of equivalent rank to an SES employee.\n  (2) In exercising powers or performing functions delegated under subsection (1), the delegate must comply with any directions of the CEO.\n\n## Part 5—Miscellaneous\n\n#### 28 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Injunctions","content":"#### 14 Injunctions\n\n  (1) If a person has engaged, is engaging, or proposes to engage, in conduct involving a contravention of the regulations, a superior court may by order grant an injunction restraining the person from engaging in the conduct.\n\n> Note: Contravention of the regulations may also be an offence against section 16.\n\n  (2) An injunction may be granted only on application by the Attorney‑General.\n  (3) On an application, the court may grant an injunction by consent of all parties to the proceedings, whether or not the court is satisfied that subsection (1) applies.\n  (4) A superior court may grant an interim injunction pending its determination of an application.\n  (5) A court is not to require the Attorney‑General or anyone else to give an undertaking as to damages, as a condition of granting an interim injunction.\n  (6) A court may discharge or vary an injunction it has granted.\n  (7) The power to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n    (a) whether or not it appears to the court that the person intends to engage again, or to continue to engage, in such conduct; and\n    (b) whether or not the person has previously engaged in such conduct.","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Invalidation of authorisations","content":"#### 15 Invalidation of authorisations\n\n  An authorisation (however described) granted under the regulations is taken never to have been granted if information contained in, or information or a document accompanying, the application for the authorisation:\n    (a) is false or misleading in a material particular; or\n    (b) omits any matter or thing without which the information or document is misleading in a material particular.\n\n> Note: Example: An example of an authorisation is a licence, permission, consent or approval.","sortOrder":19},{"sectionNumber":"Part 3","sectionType":"part","heading":"Offences relating to sanctions","content":"## Part 3—Offences relating to sanctions","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Offence—contravening a sanction law","content":"#### 16 Offence—contravening a sanction law\n\n  Individuals\n  (1) An individual commits an offence if:\n    (a) the individual engages in conduct; and\n    (b) the conduct contravenes a sanction law.\n  (2) An individual commits an offence if:\n    (a) the individual engages in conduct; and\n    (b) the conduct contravenes a condition of an authorisation (however described) under a sanction law.\n\n> Note: Example: An example of an authorisation is a licence, permission, consent or approval.\n\n  (3) An offence against subsection (1) or (2) is punishable on conviction by imprisonment for not more than 10 years, a fine not exceeding the amount worked out under subsection (4), or both.\n  (4) For the purposes of subsection (3), the amount is:\n    (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following:\n    (i) 3 times the value of the transaction or transactions;\n    (ii) 2,500 penalty units; or\n    (b) otherwise—2,500 penalty units.\n  Bodies corporate\n  (5) A body corporate commits an offence if:\n    (a) the body corporate engages in conduct; and\n    (b) the conduct contravenes a sanction law.\n  (6) A body corporate commits an offence if:\n    (a) the body corporate engages in conduct; and\n    (b) the conduct contravenes a condition of an authorisation (however described) under a sanction law.\n\n> Note: Example: An example of an authorisation is a licence, permission, consent or approval.\n\n  (7) Subsection (5) or (6) does not apply if the body corporate proves that it took reasonable precautions, and exercised due diligence, to avoid contravening that subsection.\n\n> Note: The body corporate bears a legal burden in relation to the matter in subsection (7): see section 13.4 of the Criminal Code.\n\n  (8) An offence against subsection (5) or (6) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (9) An offence against subsection (5) or (6) is punishable on conviction by a fine not exceeding:\n    (a) if the contravention involves a transaction or transactions the value of which the court can determine—whichever is the greater of the following:\n    (i) 3 times the value of the transaction or transactions;\n    (ii) 10,000 penalty units; or\n    (b) otherwise—10,000 penalty units.\n  Definition\n  (10) In this section:\n\n> engage in conduct means:\n\n    (a) do an act; or\n    (b) omit to perform an act.","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Offence—false or misleading information given in connection with a sanction law","content":"#### 17 Offence—false or misleading information given in connection with a sanction law\n\n  (1) A person commits an offence if:\n    (a) the person gives information or a document to a Commonwealth entity; and\n    (b) the information or document is given in connection with the administration of a sanction law; and\n    (c) the information or document:\n    (i) is false or misleading; or\n    (ii) omits any matter or thing without which the information or document is misleading.\n\nPenalty: Imprisonment for 10 years, 2,500 penalty units or both.\n\n  (2) A person (the first person) commits an offence if:\n    (a) the first person gives information or a document to another person; and\n    (b) the first person is reckless as to whether the other person or someone else will give the information or document to a Commonwealth entity in connection with the administration of a sanction law; and\n    (c) the information or document:\n    (i) is false or misleading; or\n    (ii) omits any matter or thing without which the information or document is misleading.\n\nPenalty: Imprisonment for 10 years, 2,500 penalty units or both.\n\n  (3) Subsection (1) or (2) does not apply:\n    (a) as a result of subparagraph (1)(c)(i) or (2)(c)(i) if the information or document is not false or misleading in a material particular; or\n    (b) as a result of subparagraph (1)(c)(ii) or (2)(c)(ii) if the information or document did not omit any matter or thing without which the information or document is misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.\n\n  Geographical application of offences\n  (4) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1) or (2).","sortOrder":22},{"sectionNumber":"Part 4","sectionType":"part","heading":"Information relating to sanctions","content":"## Part 4—Information relating to sanctions","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"CEO of Commonwealth entity may give information or document on request by CEO of designated Commonwealth entity","content":"#### 18 CEO of Commonwealth entity may give information or document on request by CEO of designated Commonwealth entity\n\n  (1) The CEO (the designated CEO) of a designated Commonwealth entity may request the CEO (the requested CEO) of a Commonwealth entity to give the designated CEO specified information or documents for a purpose directly related to the administration of a sanction law.\n  (2) The requested CEO may comply with the request, despite any other law of the Commonwealth, a State or a Territory.","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"Power to require information or documents to be given","content":"#### 19 Power to require information or documents to be given\n\n  (1) The CEO of a designated Commonwealth entity may, for the purpose of determining whether a sanction law has been or is being complied with, give a person a written notice requiring the person to do either or both of the following:\n    (a) to give the CEO information of the kind, by the time and in any manner or form, specified in the notice;\n    (b) to give the CEO documents of the kind, by the time and in any manner, specified in the notice.\n  (2) The person must comply with the notice despite any other law of the Commonwealth, a State or a Territory.\n  (3) The time specified in the notice must be reasonable.\n  (4) The person may, before the time specified in the notice, request the CEO to extend the time by which the information or documents must be given.\n  (5) The CEO may, by written notice given to the person, vary the notice under subsection (1) to specify a later time by which the information or documents must be given.\n  (6) Subsection (5) does not limit the application of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (1).\n\n> Note: Subsection 33(3) of the Acts Interpretation Act 1901 deals with revocation and variation etc. of instruments.\n\n  (7) Subsection (1) does not apply if:\n    (a) the person is the Commonwealth or a Commonwealth entity; or\n    (b) the person:\n    (i) is, or has at any time been, an officer of a Commonwealth entity; and\n    (ii) obtained or generated the information or document in the course of carrying out his or her duties as an officer of the Commonwealth entity.","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":"Information may be required to be given on oath","content":"#### 20 Information may be required to be given on oath\n\n  The CEO may require the information to be verified by, or given on, oath or affirmation that the information is true.","sortOrder":26},{"sectionNumber":"21","sectionType":"section","heading":"Offence for failure to comply with requirement","content":"#### 21 Offence for failure to comply with requirement\n\n  (1) A person commits an offence if:\n    (a) the person has been given a notice under section 19; and\n    (b) the person does not comply with the notice.\n\nPenalty: Imprisonment for 12 months.\n\n  (2) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1).","sortOrder":27},{"sectionNumber":"22","sectionType":"section","heading":"Self‑incrimination not an excuse","content":"#### 22 Self‑incrimination not an excuse\n\n  (1) An individual is not excused from giving information or a document under section 19 on the ground that the information, or the giving of the document, might tend to incriminate the individual or otherwise expose the individual to a penalty or other liability.\n  (2) However, neither the information given nor the giving of the document is admissible in evidence against the individual in any criminal proceedings, or in any proceedings that would expose the individual to a penalty, other than proceedings for an offence against:\n    (a) section 17 (false or misleading information given in connection with a sanction law); or\n    (b) section 21 (failure to comply with requirement to give information or document).","sortOrder":28},{"sectionNumber":"23","sectionType":"section","heading":"CEO may copy documents","content":"#### 23 CEO may copy documents\n\n  If a person gives a document to the CEO of a designated Commonwealth entity under section 19, the CEO:\n    (a) may take and keep a copy of the document; and\n    (b) must return the document to the person within a reasonable time.","sortOrder":29},{"sectionNumber":"24","sectionType":"section","heading":"Further disclosure and use of information and documents","content":"#### 24 Further disclosure and use of information and documents\n\n  Disclosure and use of information etc. within entity\n  (1) An officer of a designated Commonwealth entity may do any of the following for a purpose connected with the administration of a sanction law:\n    (a) copy, make a record of or use any information or document;\n    (b) disclose any information, or give any document, to another officer of that entity.\n  Disclosure outside of entity\n  (2) A CEO of a designated Commonwealth entity may disclose any information or give any document to any of the following for a purpose connected with the administration of a sanction law:\n    (a) a Minister of the Commonwealth, a State or a Territory;\n    (b) the CEO of another Commonwealth entity;\n    (c) a State or Territory entity;\n    (d) a foreign government entity;\n    (e) a public international organisation;\n    (f) a person or entity specified in an instrument under subsection (3).\n  (3) The Minister may by legislative instrument specify a person or entity for the purposes of paragraph (2)(f).\n  (4) A CEO of a designated Commonwealth entity may disclose information under subsection (2) only if the CEO is satisfied that the recipient of the disclosure will not disclose the information to anyone else without the CEO’s consent.\n  (5) Subsection (2) has effect subject to subsection (4).\n  Relationship with other laws\n  (6) Subsections (1) and (2) apply despite:\n    (a) a law of the Commonwealth other than this section; and\n    (b) a law of a State or a Territory.","sortOrder":30},{"sectionNumber":"25","sectionType":"section","heading":"Protection from liability","content":"#### 25 Protection from liability\n\n  (1) A person who, in good faith, gives, discloses, copies, makes a record of or uses information or a document under section 18, 19, 23 or 24 is not liable:\n    (a) to any proceedings for contravening any other law because of that conduct; or\n    (b) to civil proceedings for loss, damage or injury of any kind suffered by another person or entity because of that conduct.\n  (2) Subsection (1) does not prevent the person from being liable to a proceeding for conduct of the person that is revealed by the information or document.","sortOrder":31},{"sectionNumber":"26","sectionType":"section","heading":"Retention of records and documents","content":"#### 26 Retention of records and documents\n\n  (1) A person who applies for an authorisation (however described) under a sanction law must retain any records or documents relating to that application for the period of 5 years beginning on:\n    (a) if the authorisation was granted—the last day on which an action to which the authorisation relates was done; or\n    (b) if the authorisation was not granted—the day on which the application was made.\n\n> Note: Example: An example of an authorisation is a licence, permission, consent or approval.\n\n  (2) A person who is granted an authorisation (however described) under a sanction law must retain any records or documents relating to the person’s compliance with any conditions to which the authorisation is subject for the period of 5 years beginning on the last day on which an action to which the authorisation relates was done.\n\n> Note: A person may commit an offence if the person fails to give under section 19 a record or document that is required to be retained under this section: see section 21.","sortOrder":32},{"sectionNumber":"27","sectionType":"section","heading":"Delegation","content":"#### 27 Delegation\n\n  (1) The CEO of a Commonwealth entity may by written instrument delegate all or any of his or her powers or functions under this Part to:\n    (a) an SES employee or acting SES employee of the entity; or\n    (b) an employee of the entity of equivalent rank to an SES employee.\n  (2) In exercising powers or performing functions delegated under subsection (1), the delegate must comply with any directions of the CEO.","sortOrder":33},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"## Part 5—Miscellaneous","sortOrder":34},{"sectionNumber":"28","sectionType":"section","heading":"Regulations","content":"#### 28 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":35}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act was originally framed around country-specific sanctions for foreign relations. Over time, it has been amended to cover a much broader range of 'thematic sanctions' (e.g., malicious cyber activity, human rights violations, corruption, serious violations of international humanitarian law) and allows proscription based on past actions regardless of how long ago they occurred. This significantly expands the original scope beyond responding to international concerns about particular foreign countries."},"complexity_factors":["Broad enabling structure with heavy reliance on regulations and legislative instruments to define actual sanctions","Numerous defined terms (e.g., 'asset', 'autonomous sanction', 'sanction law') with cross-references to other Acts like the Criminal Code and the Public Governance, Performance and Accountability Act 2013","Conditional rules for proscription of persons or entities, including consultation requirements with the Attorney-General","Complex penalty calculations tied to transaction values or penalty units","Multiple offence provisions with different mental elements (strict liability for bodies corporate, 'reasonable precautions' defence)","Extraterritorial application and broad information-gathering powers with limits on self-incrimination","Interaction with other laws and legislative provisions that override earlier Acts and State laws"],"plain_english_summary":"This Act gives the Australian Government a legal framework to impose its own sanctions (financial restrictions, trade bans, travel bans, etc.) on foreign governments, organisations, or individuals, independently of United Nations sanctions. The actual sanctions are set out in regulations made under the Act, which can target specific countries or broad issues like weapons proliferation, cyber attacks, human rights abuses, or corruption. The Act also creates offences for breaking these sanctions, allows authorities to gather information to enforce them, and gives courts the power to stop breaches. It affects anyone in Australia or anyone doing business with Australia who might be covered by the sanctions, and imposes heavy penalties—up to 10 years in prison or fines of 2,500 penalty units for individuals, and up to 10,000 penalty units for companies."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's original title references 'sanctions to facilitate the conduct of Australia's external affairs' — initially focused on country-specific sanctions as a foreign policy tool. However, the inclusion of 'thematic sanctions' (section 3(3)) — particularly malicious cyber activity (added later) and the ability to sanction individuals/entities globally regardless of country — significantly expanded the scope beyond traditional country-focused diplomatic sanctions into a broader human rights, anti-corruption, and cybersecurity enforcement regime. Section 10A (allowing sanctions based on past actions with no time limit) also represents an expansion of the original concept."},"complexity_factors":["The Act is largely a framework/enabling law — the actual sanctions are found in separate regulations and ministerial instruments, meaning you cannot understand the full legal picture from this Act alone","Tiered regulatory structure: the Act enables regulations, which in turn enable ministerial legislative instruments — three levels of law-making that interact with each other","Extraterritorial reach creates complex jurisdictional questions about when the law applies to conduct occurring outside Australia","Strict liability offences for corporations (guilt without proof of intent) combined with a reverse onus defence (the company must prove it took precautions) is a nuanced criminal law concept","The self-incrimination provisions create a complex interplay: you must comply and hand over documents, but with limited use immunity — understanding when that immunity applies requires careful analysis","Sections 12 and 13 together create a 'super-statute' effect, overriding earlier laws and resisting implied repeal by later laws — this has significant constitutional and interpretive implications","The requirement for Attorney-General written consent for 'thematic' (non-country-specific) proscriptions adds a procedural layer not applicable to country-specific sanctions","Penalty calculations are formula-based (3x transaction value vs fixed penalty unit amounts), requiring additional calculation and cross-referencing to determine actual maximum fines","Broad information-sharing powers extending to foreign government entities and international organisations raise privacy law complexity"],"plain_english_summary":"## What is this law about?\n\nThe **Autonomous Sanctions Act 2011** gives the Australian Government the power to impose its own economic and travel restrictions — called **\"autonomous sanctions\"** — on foreign governments, organisations, and individuals, *independently* of any United Nations decision. (\"Autonomous\" means Australia acts on its own, not because a UN resolution requires it.)\n\n## Who does it affect?\n\nThis law can affect **anyone** — Australian citizens, businesses, banks, and foreign individuals or entities — who might deal with a person or country that Australia has decided to sanction. In practical terms, it most directly affects:\n\n- **Businesses and financial institutions** that handle international trade, banking, or investment\n- **Individuals** who have any financial or commercial dealings with sanctioned persons or countries\n- **Foreign governments, officials, or businesses** that Australia targets with sanctions\n\n## What can the Government actually do under this law?\n\nThe Act gives the Government a broad toolkit:\n\n- **Blacklist (\"proscribe\") specific people or organisations** — meaning Australians are forbidden from dealing with them\n- **Freeze assets** (money, property, investments) owned by or available to sanctioned parties\n- **Ban the supply, sale, or transfer of goods and services** to sanctioned parties\n- **Restrict purchases** of goods or services from sanctioned parties\n- Apply sanctions **based on past actions**, even if those actions happened a long time ago\n- Apply sanctions that reach **beyond Australia's borders** (extraterritorial effect)\n\n## What are the grounds for sanctions?\n\nSanctions can be applied either against **specific countries** or on **thematic grounds**, including:\n- Weapons of mass destruction proliferation\n- Threats to international peace and security\n- **Malicious cyber attacks**\n- Serious human rights abuses\n- Corruption and undermining the rule of law\n- Violations of international humanitarian law (the rules of war)\n\n## What happens if you break the rules?\n\nBreaking a sanction is a **serious criminal offence**:\n- **Individuals** face up to **10 years in prison**, a very large fine (up to 3 times the value of any illegal transaction, or around $687,500+ at current penalty unit rates), or both\n- **Companies** face massive fines (up to 3 times the transaction value, or around $2.75 million+ at current rates) — and notably, companies can be found guilty **even without intending** to break the rules (*\"strict liability\"* — meaning good intentions are not a defence, though a company can escape liability if it proves it took reasonable precautions)\n- **Lying to authorities** about sanctions matters also carries up to **10 years in prison**\n- Failing to hand over information when required carries up to **12 months in prison**\n\n## What are your obligations if you deal with sanctioned entities?\n\n- You **cannot** use false information to obtain a licence or exemption — if you do, that licence is treated as if it **never existed**\n- If you get a licence/approval to deal with a sanctioned party, you must **keep all related records for 5 years**\n- Government agencies can **demand you hand over information or documents**, and you **cannot refuse** even if it might incriminate you (though that information generally cannot be used against you in court)\n\n## Why does this matter?\n\nBefore this Act, Australia could only impose sanctions when required by the UN Security Council. This law created an **independent Australian sanctions regime**, allowing Australia to act in response to human rights abuses, corruption, cyber attacks, or foreign policy concerns — even when global consensus at the UN cannot be achieved. It's the legal backbone behind sanctions Australia has imposed on individuals connected to events like the Russia-Ukraine conflict, human rights abuses in Myanmar, and beyond."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"16(7) and 16(8)","severity":"high","reasoning":"Section 6.1 of the Criminal Code defines strict liability as an offence without fault elements and only allows the general defence of mistake of fact (not a due diligence defence). Section 16(7) imposes a reverse legal burden requiring the body corporate to prove due diligence. A true strict liability offence should not admit a due diligence defence bearing a legal (not merely evidential) burden — this conflates strict liability with a negligence-based regime, creating internal incoherence.","confidence":0.82,"description":"A body corporate offence is simultaneously one of strict liability (s16(8)) yet also provides a due diligence defence (s16(7)). Under the Criminal Code, strict liability offences do not have fault elements but do permit the defence of honest and reasonable mistake of fact. However, the due diligence defence in s16(7) is structurally inconsistent with strict liability because it imposes a legal burden on the body corporate to prove reasonable precautions and due diligence, which is more akin to a negligence-based offence than a true strict liability offence."},{"type":"self_contradicting","section":"13(1) and 13(2)","severity":"medium","reasoning":"Parliamentary sovereignty means no Parliament can bind its successors. Section 13(1) attempts to constrain interpretation of future Acts but s13(2) concedes that an express override by a later Act prevails. The provision therefore achieves nothing that the ordinary principle of implied repeal would not already handle, while creating interpretive confusion about what level of legislative specificity is required to override the regulations.","confidence":0.75,"description":"Section 13 purports to bind future Parliaments by providing that later Acts are not to be interpreted as overriding Part 2 or the regulations, while simultaneously acknowledging in s13(2) that a later Act can expressly override it. This creates a near-paradox: s13(1) is itself an interpretive rule that a later Parliament could simply ignore or expressly override under s13(2), rendering s13(1) effectively unenforceable against a determined Parliament and therefore of questionable legal utility."},{"type":"retroactive_impossibility","section":"15","severity":"high","reasoning":"If an authorisation is voided ab initio under s15, any conduct undertaken under it retroactively becomes conduct without authorisation. Under s16, contravening a sanction law is an offence. This means innocent third parties who relied on the authorisation in good faith could theoretically be exposed to criminal liability through no fault of their own, as their conduct was authorised at the time but is retrospectively unauthorised.","confidence":0.78,"description":"Section 15 provides that an authorisation is 'taken never to have been granted' if it was obtained via false or misleading information. This creates a retroactive impossibility: conduct undertaken in reliance on the authorisation (which was at the time apparently valid) would be retroactively rendered unlawful, potentially exposing persons to criminal liability under s16 for conduct they engaged in when they held a facially valid authorisation."},{"type":"self_contradicting","section":"22(2)","severity":"medium","reasoning":"The carve-out for s17 in s22(2) means the use immunity does not protect against the most likely risk faced by a compelled witness — that their compelled statements will be used to prosecute them for providing false information. This substantially undermines the practical protection offered and creates a situation where compliance with a compelled notice generates its own evidentiary risk.","confidence":0.85,"description":"The self-incrimination protection in s22(2) is partially illusory. It provides use immunity (compelled information cannot be used against the individual in criminal proceedings), but carves out proceedings under s17 (false or misleading information) and s21 (failure to comply). This means the very act of complying with a compelled information notice — which by definition contains the individual's own statements — can be used against them if those statements are alleged to be false. An individual who gives truthful information is protected; one who inadvertently gives incorrect information is exposed to a 10-year imprisonment penalty using the very information they were compelled to provide."},{"type":"impossible_compliance","section":"10(4) and 10(6)","severity":"low","reasoning":"The non-delegation rule is absolute ('must not') and applies to the Minister personally. In combination with the mandatory Attorney-General consultation requirement, there is no fallback mechanism if the Foreign Minister is unavailable. While acting minister arrangements exist in practice under the Administrative Arrangements Order, the Act itself creates no saving provision, making urgent proscription legally problematic.","confidence":0.62,"description":"Section 10(6) prohibits the Minister from delegating the power to make a proscription legislative instrument under the regulations. However, s10(4) requires the Minister to consult the Attorney-General and obtain written agreement before making such an instrument. If the Minister cannot delegate the power, and the consultation/agreement requirement is personal to the Minister, there is no mechanism for the power to be exercised if the Minister is incapacitated, creating a potential governance gap in urgent sanctions situations."},{"type":"circular_definition","section":"4 (definition of 'asset')","severity":"low","reasoning":"The phrase 'such an asset or such property' in paragraph (b) refers back to paragraph (a). A document evidencing interest in a document (which is itself an asset under (b)) would also be an asset under (b), creating recursive application. While this is likely intentional to capture complex financial instruments, it is technically circular and could create interpretive difficulty in enforcement.","confidence":0.65,"description":"The definition of 'asset' in s4(b) includes a 'legal document or instrument evidencing title to, or interest in, such an asset.' This is partially circular: paragraph (b) defines asset to include a document evidencing interest in 'such an asset' — i.e., an asset as defined in paragraph (a). However, paragraph (b) itself is also within the definition of 'asset', meaning a document evidencing title to a paragraph (b) instrument is itself an asset, creating potential infinite regress."},{"type":"other","section":"19(7)(b)","severity":"medium","reasoning":"The temporal breadth of 'has at any time been' creates a permanent, irrevocable shield for former Commonwealth officers in respect of duty-generated information. This could frustrate sanctions enforcement where a former officer holds critical information, particularly where that person has since left government and may even be employed by a sanctioned entity.","confidence":0.72,"description":"Section 19(7)(b) exempts from the information-gathering power any person who 'is, or has at any time been' an officer of a Commonwealth entity, in respect of information obtained in the course of their duties. The phrase 'has at any time been' means a former Commonwealth officer can never be compelled to provide information they obtained while in that role, even decades later and regardless of the sensitivity of that information to a current sanctions investigation. The exemption is permanent and unconditional."},{"type":"impossible_compliance","section":"24(4)","severity":"medium","reasoning":"A foreign government entity is not subject to Australian law. There is no treaty obligation, contractual mechanism, or enforcement pathway identified in the Act that would give effect to the non-disclosure condition against a foreign sovereign. The CEO's satisfaction as to future foreign government behaviour cannot be verified or enforced, making s24(4) an empty safeguard in the context of s24(2)(d) disclosures.","confidence":0.8,"description":"Section 24(4) permits disclosure to a foreign government entity under s24(2)(d) only if the CEO is satisfied the recipient will not further disclose without the CEO's consent. However, there is no mechanism in the Act to enforce this condition against a foreign government entity, which is outside Australian jurisdiction. The CEO's 'satisfaction' is therefore a legal fiction when the recipient is a sovereign foreign government."}],"contradictions":[{"severity":"high","section_a":"16(8)","section_b":"16(7)","confidence":0.83,"description":"Section 16(8) declares the corporate offence to be one of strict liability, but s16(7) provides a legal-burden due diligence defence. Under the Criminal Code (s6.1), strict liability offences carry only the general defence of mistake of fact (evidential burden), not a positive due diligence defence carrying a legal burden. The two subsections apply contradictory liability standards to the same offence."},{"severity":"medium","section_a":"8(1)","section_b":"8(2)","confidence":0.75,"description":"Section 8(1) states the Act binds the Crown in each of its capacities, but s8(2) carves out criminal prosecution of the Crown. If the Crown is fully bound by the Act including the sanction laws that create offences, s8(2) creates a systemic exemption from the principal enforcement mechanism, meaning the Crown can violate sanction laws with impunity from criminal sanction while private persons cannot."},{"severity":"high","section_a":"15","section_b":"25(1)","confidence":0.77,"description":"Section 15 voids ab initio authorisations obtained via false information. Section 25(1) protects persons acting in good faith under s18, 19, 23 or 24 from liability. However, s25 does not extend protection to persons who acted in good faith reliance on an authorisation subsequently voided under s15. A third party dealing with a sanctioned person on the basis of a facially valid authorisation (which is later voided) receives no s25 protection, potentially exposing them to s16 liability."},{"severity":"high","section_a":"12","section_b":"13(1)","confidence":0.8,"description":"Section 12 states regulations override earlier Commonwealth Acts, and s13(1) attempts to ensure later Acts do not override the regulations. Together these provisions attempt to give regulations permanent supremacy over all Commonwealth legislation — both earlier and later Acts. This creates a constitutional tension because under the Australian constitutional framework, regulations are subordinate legislation and cannot, as a matter of law, bind a later Parliament or override a subsequently enacted Act absent express constitutional authority."},{"severity":"medium","section_a":"10(4)(c)","section_b":"10(5)(c)","confidence":0.68,"description":"Both s10(4)(c) and s10(5)(c) require the Minister to obtain the Attorney-General's written agreement before making or varying a thematic proscription instrument. Section 10(5) applies to instruments that 'continue the effect of' a proscription. If the Attorney-General refuses agreement under s10(5)(c) to continue a proscription, the proscription lapses by operation of the regulations — but the Minister arguably also cannot revoke it without Attorney-General agreement (s10(5)(c) applies to revocation instruments too). This creates a potential deadlock where a proscription can neither be continued nor cleanly revoked."},{"severity":"medium","section_a":"19(2)","section_b":"19(7)","confidence":0.7,"description":"Section 19(2) states a person must comply with an information notice 'despite any other law.' Section 19(7) then carves out Commonwealth officers and the Commonwealth itself from the notice power entirely. The absolute obligation in s19(2) and the categorical exemption in s19(7) are contradictory in their structural relationship: the override in s19(2) is rendered inapplicable to an entire class of persons who may hold the most relevant information for sanctions enforcement."},{"severity":"medium","section_a":"3(1)(b)","section_b":"16(1)","confidence":0.73,"description":"Section 3(1)(b) states an object of the Act is enforcement of autonomous sanctions 'whether applied under this Act or another law of the Commonwealth.' However, s16(1) creates an offence only for contravening a 'sanction law' — which is defined in s4 as a provision specified by the Minister under s6. If a sanction is applied under another Commonwealth law but not specified as a 'sanction law' under s6, s16 does not apply to enforce it, contradicting the Act's stated object of enforcing sanctions under other Commonwealth laws."}]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly beyond its original focus on enabling country-specific sanctions for matters of international concern (s 3(2)). It now expressly authorises thematic sanctions on global issues including malicious cyber activity, serious human rights abuses, corruption and violations of international humanitarian law (s 3(3)). Section 10A further widens scope by permitting proscription based on past circumstances, actions or positions regardless of elapsed time. These changes broaden application from immediate foreign-policy responses to longer-term, issue-based measures with potentially indefinite effect."},"complexity_factors":["Extensive use of subordinate legislation, with regulations and ministerial legislative instruments doing most of the substantive work (ss 6, 10)","12 defined terms in s 4 that interact across the Act, including broad definitions of 'asset', 'autonomous sanction' and 'foreign government entity'","Frequent cross-references to the Criminal Code (for offences, strict liability, burdens of proof and extended geographical jurisdiction), Legislation Act 2003, Public Governance, Performance and Accountability Act 2013, Charter of the United Nations Act 1945 and Acts Interpretation Act 1901","Differing liability regimes for individuals and bodies corporate, including a due-diligence defence and legal burden for corporates under s 16(7)","Complex information-gathering and sharing rules in Part 4 (ss 18–27) that override other Commonwealth, State and Territory laws and include limited use immunity for self-incrimination","Nested consultation requirements before proscribing non-country-specific persons or entities (s 10(4)–(5)) and rules preventing later Acts from overriding this framework unless they say so expressly (s 13)"],"plain_english_summary":"**The Autonomous Sanctions Act 2011** lets the Australian Government create and enforce its own sanctions (called autonomous sanctions) to influence foreign governments, their officials, or people and groups outside Australia. These sanctions follow Australian Government policy and can target specific countries or broad global problems.\n\nIt covers two main types:\n- **Country-specific sanctions** – addressing serious issues in one or more foreign countries.\n- **Thematic sanctions** – targeting things like spreading weapons of mass destruction, threats to international peace, malicious cyber activity, serious human rights abuses, corruption, or breaches of international humanitarian law.\n\nThe Act allows regulations to freeze or restrict assets (anything of value, including bank accounts, shares, or legal documents proving ownership), ban buying or selling goods and services, list (proscribe) people or entities, and provide protections like compensation for affected asset owners or indemnities for those following the rules.\n\nIt sets up strong enforcement: criminal offences with up to 10 years prison and fines up to three times the transaction value (or 2,500 penalty units for individuals, 10,000 for companies), court injunctions to stop breaches, and rules that make authorisations (like licences) invalid if based on false information. Government agencies can share information and demand documents from people to check compliance, with protections for those providing it in good faith and a 5-year record-keeping requirement for anyone applying for or using an authorisation.\n\nThis matters because it gives Australia flexibility to act on foreign policy without waiting for international agreement, while imposing clear obligations on businesses and individuals in Australia to avoid dealing with sanctioned parties. Breaches can lead to serious penalties, and the rules apply even outside Australia in some cases."}},"importantCases":[],"_links":{"self":"/api/acts/autonomous-sanctions-act-2011","history":"/api/acts/autonomous-sanctions-act-2011/history","analysis":"/api/acts/autonomous-sanctions-act-2011/analysis","conflicts":"/api/acts/autonomous-sanctions-act-2011/conflicts","importantCases":"/api/acts/autonomous-sanctions-act-2011/important-cases","documents":"/api/acts/autonomous-sanctions-act-2011/documents"}}