{"id":"C2024A00019","name":"Autonomous Sanctions Amendment Act 2024","slug":"autonomous-sanctions-amendment-act-2024","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"19 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436391,"registerId":"C2024A00019-fast-fetch-1775953601328","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Autonomous Sanctions Amendment Act 2024","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nAutonomous Sanctions Amendment Act 2024\n\n \n\nNo. 19, 2024\n\n \n\n \n\n \n\n \n\n \n\nAn Act to amend the Autonomous Sanctions Act 2011 and validate certain instruments, and for related purposes\n\n \n\n \n\nContents\n\n1 Short title\n\n2 Commencement\n\n3 Schedules\n\nSchedule 1—Amendments and validations\n\nPart 1—Amendments\n\nAutonomous Sanctions Act 2011\n\nPart 2—Validation provisions\n\n![Commonwealth Coat of Arms of Australia](image.002.png)\n\n \n\n \n\nAutonomous Sanctions Amendment Act 2024\n\nNo. 19, 2024\n\n \n\n \n\n \n\nAn Act to amend the Autonomous Sanctions Act 2011 and validate certain instruments, and for related purposes\n\n[Assented to 8 April 2024]\n\nThe Parliament of Australia enacts:\n\n1  Short title\n\n  This Act is the Autonomous Sanctions Amendment Act 2024.\n\n2  Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this Act The day after this Act receives the Royal Assent. 9 April 2024\n\n\nNote: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n3  Schedules\n\n  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.\n\nSchedule 1—Amendments and validations\n\nPart 1—Amendments\n\nAutonomous Sanctions Act 2011\n\n1  After section 10\n\nInsert:\n\n10A  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\n (a) specified circumstances; or\n\n (b) the actions of, or position held by, those persons or entities;\n\nregardless of the period of time that has elapsed since the circumstances existed, the actions were so taken or position was so held.\n\nPart 2—Validation provisions\n\n2  Definitions\n\nIn this Part:\n\nanything done includes:\n\n (a) an omission to do a thing; and\n\n (b) a refusal to do a thing;\n\nand anything purported to have been done has a corresponding meaning.\n\ncommencement means the commencement of this Part.\n\n3  Validation of pre‑commencement regulations and related instruments—past circumstances, actions or positions\n\nEffect of certain regulations\n\n(1) Subitem (2) applies to regulations (whether or not still in force) that were made or purportedly made by the Governor‑General before commencement if, assuming that had section 10A of the Autonomous Sanctions Act 2011, as inserted by this Schedule, been in force when the regulations were made or purportedly made, the regulations would have been permitted by paragraph 10(1)(a) of that Act.\n\n(2) The regulations are taken for all purposes to be, and to have always been, as valid and effective as they would have been if section 10A of that Act had been in force at the time the regulations were made or purportedly made.\n\nEffect of instruments made under those regulations\n\n(3) Subitem (4) applies to an instrument (whether or not still in force) that was made or purportedly made under regulations that are taken, by operation of subitem (2), to have been valid and effective at the time the instrument was made or purportedly made.\n\n(4) The instrument is taken for all purposes to be, and to have always been, as valid and effective as it would have been if subitem (2) had been in force at the time the instrument was made or purportedly made.\n\nValidity of things done\n\n(5) Anything done, or anything purported to have been done, by a person that would have been wholly or partly invalid except for subitem (2) or (4) is taken for all purposes to be valid and to have always been valid, despite any effect that may have on the accrued rights of any person.\n\nApplication of item to proceedings\n\n(6) For the purposes of applying this item in relation to civil or criminal proceedings, this item applies in relation to:\n\n (a) civil and criminal proceedings instituted on or after commencement; and\n\n (b) civil and criminal proceedings instituted before commencement, being proceedings that are concluded:\n\n (i) before commencement; or\n\n (ii) on or after commencement.\n\n4  Validation of pre‑commencement instruments not authorised by regulations\n\n(1) This item applies to an instrument (whether or not still in force) that:\n\n (a) was made or purportedly made by the Minister before commencement under regulations made for the purposes of paragraph 10(1)(a) of the Autonomous Sanctions Act 2011; and\n\n (b) proscribed a person or entity on the basis of:\n\n (i) specified circumstances; or\n\n (ii) the actions of, or position held by, the person or entity; and\n\n (c) would, apart from this item, be wholly or partly invalid only because the instrument was not authorised by those regulations (as in force at the time the instrument was made or purportedly made) because of the period of time that had elapsed between:\n\n (i) the circumstances having existed, the actions having been so taken or position having been so held; and\n\n (ii) the proscription of the person or entity.\n\n(2) The instrument is taken for all purposes to be, and to have always been, valid and effective.\n\n(3) Anything done, or anything purported to have been done, by a person that would have been wholly or partly invalid except for subitem (2) is taken for all purposes to be valid and to have always been valid, despite any effect that may have on the accrued rights of any person.\n\n(4) For the purposes of applying this item in relation to civil or criminal proceedings, this item applies in relation to:\n\n (a) civil and criminal proceedings instituted on or after commencement; and\n\n (b) civil and criminal proceedings instituted before commencement, being proceedings that are concluded:\n\n (i) before commencement; or\n\n (ii) on or after commencement.\n\n5  Pre‑commencement instruments—exercise of discretion\n\n(1) This item applies to an instrument (whether or not still in force), that was made or purportedly made by the Minister before commencement under regulation 6 or 6A of the Autonomous Sanctions Regulations 2011 (as in force at the time the instrument was made or purportedly made), if the instrument would, apart from this item, be wholly or partly invalid only because the Minister did not consider whether the Minister should exercise the Minister’s discretion to:\n\n (a) designate a person or entity; or\n\n (b) declare a person; or\n\n (c) designate and declare a person.\n\n(2) This item also applies to an instrument (whether or not still in force), that was made or purportedly made by the Minister before commencement under subregulation 9(3) of the Autonomous Sanctions Regulations 2011 (as in force at the time the instrument was made or purportedly made), if the instrument would, apart from this item, be wholly or partly invalid only because the Minister did not consider whether the Minister should exercise the Minister’s discretion to:\n\n (a) declare that a specified designation of a person or entity continues to have effect; or\n\n (b) declare that a specified declaration of a person continues to have effect; or\n\n (c) declare that a specified designation, and a specified declaration, of a person continue to have effect.\n\n(3) The instrument is taken for all purposes to be, and to have always been, valid and effective.\n\n(4) Anything done, or anything purported to have been done, by a person that would have been wholly or partly invalid except for subitem (3) is taken for all purposes to be valid and to have always been valid, despite any effect that may have on the accrued rights of any person.\n\n(5) For the purposes of applying this item in relation to civil or criminal proceedings, this item applies in relation to:\n\n (a) civil and criminal proceedings instituted on or after commencement; and\n\n (b) civil and criminal proceedings instituted before commencement, being proceedings that are concluded:\n\n (i) before commencement; or\n\n (ii) on or after commencement.\n\n6  Compensation for acquisition of property\n\n(1) If:\n\n (a) apart from this item, the operation of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph); and\n\n (b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n\nthe Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n \n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 15 February 2024\n\nSenate on 29 February 2024]\n\n(17/24)\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The Act expands the statutory scope by permitting proscription based solely on historical circumstances, actions or positions without any time limit (new s10A), and it retroactively validates regulations and ministerial instruments and related acts that would be permitted under that expanded power (Schedule 1, Parts 1–2, Items 3–5). It also creates a Commonwealth liability to pay compensation if the validation effects an acquisition of property (Item 6). Decision‑makers named in the text are the Governor‑General (regulations) and the Minister (instruments and designations)."},"complexity_factors":["Retrospective validation of pre‑commencement regulations and instruments (Items 3–5) creates legal complexity about past conduct now treated as lawful.","Expansion of proscription grounds to include past circumstances/actions/positions regardless of elapsed time (new s10A) broadens regulatory reach and evidentiary issues.","Broad drafting of 'anything done' (including omissions and refusals) makes the validation cover many procedural and substantive acts (Part 2 Definitions).","Explicit application to civil and criminal proceedings instituted before or after commencement (Items 3(6), 4(4), 5(5)) raises litigation‑timing and finality questions.","Constitutional risk from acquisition of property (sourced to para 51(xxxi)) and the accompanying compensation mechanism (Item 6) introduces federal compensation procedures and potential court disputes.","Validation of instances where ministerial discretion may not have been considered (Item 5) alters reviewable exercise‑of‑power arguments and administrative‑law challenges.","Multiple cross‑references to the Autonomous Sanctions Regulations 2011 and to specific regulatory provisions (reg 6, 6A, subreg 9(3)) require tracing subordinate instruments to assess effect."],"plain_english_summary":"This Act amends the Autonomous Sanctions Act 2011 to allow regulations to proscribe people or entities based on past circumstances, actions or positions regardless of how long ago they occurred, and to validate earlier regulations and ministerial instruments that relied on that approach. It retroactively treats such regulations, instruments and related actions as always valid and provides for compensation if the validation operates as an acquisition of property. Affected parties include those subject to sanctions, the Minister and Governor‑General who make instruments and regulations, and anyone with property or legal rights hit by retrospective validation."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose. The amendments and validations all serve to clarify and protect the operation of the autonomous sanctions regime regarding temporal scope and procedural validity. There is no scope creep into unrelated policy areas."},"complexity_factors":["Short, focused amendment (only 6 operative items plus 1 interpretation provision)","Single substantive amendment to principal Act (new section 10A) with straightforward purpose","Validation provisions follow a repetitive pattern (items 3-5 share similar structure: identify invalid instrument → validate → validate consequential actions → specify proceedings coverage)","Limited cross-referencing (only references to Autonomous Sanctions Act 2011 and Autonomous Sanctions Regulations 2011)","Only 2 defined terms in Part 2 ('anything done' and 'commencement')","Conditional logic is present but not nested (straightforward 'if X then Y' validation structure)","Constitutional safeguard clause (item 6) is standard boilerplate for property acquisition","No exceptions to exceptions or deeply layered conditional provisions"],"plain_english_summary":"**What this law does:**\n\nThis law fixes a legal problem with Australia's autonomous sanctions regime — the system that lets Australia impose penalties (like asset freezes and travel bans) on people and entities involved in serious wrongdoing, such as human rights abuses or aggression against other countries.\n\n**The problem it solves:**\n\nBefore this change, there was uncertainty about whether the government could sanction someone based on things they did, positions they held, or circumstances they were involved in **a long time ago**. Some legal interpretations suggested sanctions might only apply to recent conduct. This created a risk that past sanctions — potentially hundreds of them — could be challenged in court as invalid.\n\n**What the law changes:**\n\n* **Going forward:** It makes crystal clear that sanctions can target people based on **any past conduct, position, or circumstances** — no matter how long ago they occurred. The passage of time is irrelevant.\n\n* **Looking backward:** It **validates** (retroactively makes legal) any sanctions that were already imposed on this basis. This protects past government actions from legal challenges.\n\n* **Fixing procedural gaps:** It also validates sanctions where ministers may have technically failed to formally \"consider their discretion\" before making decisions — essentially curing paperwork oversights.\n\n**Who it affects:**\n\n* **Sanctioned individuals and entities** — they lose potential legal avenues to challenge sanctions based on the \"staleness\" of their conduct or procedural technicalities.\n* **Australian businesses and individuals** — they can continue relying on the validity of existing sanctions when deciding who they can legally deal with.\n* **The government** — it gains certainty that its sanctions program won't collapse due to legal technicalities.\n\n**Why it matters:**\n\nSanctions are a key foreign policy tool. If courts had found existing sanctions invalid because they targeted historical conduct, it could have:\n* Released frozen assets to sanctioned individuals\n* Allowed sanctioned persons to travel to Australia\n* Created chaos for businesses trying to comply with sanctions laws\n* Embarrassed Australia internationally by undermining its human rights and security measures\n\nThis law is essentially a **legal insurance policy** to ensure Australia's sanctions regime remains robust and defensible."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/autonomous-sanctions-amendment-act-2024","history":"/api/acts/autonomous-sanctions-amendment-act-2024/history","analysis":"/api/acts/autonomous-sanctions-amendment-act-2024/analysis","conflicts":"/api/acts/autonomous-sanctions-amendment-act-2024/conflicts","importantCases":"/api/acts/autonomous-sanctions-amendment-act-2024/important-cases","documents":"/api/acts/autonomous-sanctions-amendment-act-2024/documents"}}