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Human Rights (Targeted Sanctions) Bill 2021

2019-2021

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

Human Rights (Targeted Sanctions) Bill 2021

 

No.      , 2021

 

(Senator Rice)

 

 

 

A Bill for an Act relating to targeted sanctions for human rights violations, and for related purposes

   

   



Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Simplified outline of this Act.............................................................. 2

4............ Definitions.......................................................................................... 2

5............ Minister must give statement on request by Parliament....................... 3

6............ Minister must give statement in relation to Myanmar.......................... 4

7............ Review of operation of Act................................................................. 5



A Bill for an Act relating to targeted sanctions for human rights violations, and for related purposes

The Parliament of Australia enacts:

1   Short title

                   This Act is the Human Rights (Targeted Sanctions) Act 2021 .

2   Commencement

             (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.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day after this Act receives the Royal Assent.

 

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (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.

3   Simplified outline of this Act

This Act provides for either House of the Parliament to request the Minister responsible for autonomous sanctions to table a statement on whether sanctions will be applied to persons that are responsible for serious human rights abuses or serious corruption or to their associated entities.

This Act also requires the Minister to table a statement on whether sanctions will be applied to certain persons responsible for the 2021 coup d’état in Myanmar or to their associated entities.

4   Definitions

                   In this Act:

associated entity : an entity is an associated entity in relation to a person if:

                     (a)  the person controls, whether alone or jointly with another person and whether directly or indirectly:

                              (i)  at least 50% of the total value of the issued share capital of the entity; or

                             (ii)  at least 50% of the rights to distributions of capital or profits of the entity; or

                            (iii)  the right to cast at least 50% of the maximum number of votes that might be cast at a general meeting (however described) of the entity; or

                            (iv)  the right to appoint or remove a majority of the members of the board or other group of persons responsible for the administration or management of the affairs of the entity; or

                     (b)  the person has authority or responsibility for, or significant influence over, planning, directing or controlling the activities of the entity.

However, an entity is not an associated entity in relation to a person if the person is an external administrator (within the meaning of Schedule 2 to the Corporations Act 2001 ) of the entity, or holds a similar position under a law of a foreign country.

autonomous sanction has the same meaning as in the Autonomous Sanctions Act 2011 .

human rights has the same meaning as in the Human Rights (Parliamentary Scrutiny) Act 2011 .

Minister means the Minister administering the Autonomous Sanctions Act 2011 .

5   Minister must give statement on request by Parliament

             (1)  This section applies if a resolution is passed by:

                     (a)  either House of the Parliament; or

                     (b)  the Joint Standing Committee on Foreign Affairs, Defence and Trade; or

                     (c)  the Human Rights Sub-Committee of the Joint Standing Committee on Foreign Affairs, Defence and Trade; or

                     (d)  the Senate Foreign Affairs, Defence and Trade Legislation Committee;

requiring the Minister to prepare a statement in accordance with subsection (2) in relation to:

                     (e)  a person; or

                      (f)  a person and any associated entity of the person.

             (2)  The Minister must prepare a statement setting out:

                     (a)  whether, in the Minister’s opinion, the person is responsible for serious human rights abuses or serious corruption; and

                     (b)  whether autonomous sanctions will be applied to the person or associated entity; and

                     (c)  if autonomous sanctions will be applied—a description of those autonomous sanctions; and

                     (d)  if autonomous sanctions will not be applied—the reasons why autonomous sanctions will not be applied; and

                     (e)  details of any consultations undertaken by the Minister in preparing the statement, including any consultations with civil society.

             (3)  The Minister must table the statement in both Houses of the Parliament within 120 days after the day the resolution is passed.

6   Minister must give statement in relation to Myanmar

             (1)  The Minister must, within 30 days after the day on which this Act commences:

                     (a)  prepare a statement in relation to the 2021 coup d’état in Myanmar; and

                     (b)  table the statement in both Houses of the Parliament.

             (2)  The statement must set out:

                     (a)  whether each person to whom subsection (3) applies is, in the Minister’s opinion, responsible for serious human rights abuses or serious corruption; and

                     (b)  whether autonomous sanctions will be applied to those persons or associated entities of those persons; and

                     (c)  if autonomous sanctions will be applied—a description of those autonomous sanctions; and

                     (d)  if autonomous sanctions will not be applied—the reasons why autonomous sanctions will not be applied; and

                     (e)  details of any consultations undertaken by the Minister in preparing the statement, including any consultations with civil society.

             (3)  This subsection applies to a person if:

                     (a)  the person is:

                              (i)  a former member of the State Peace and Development Council (SPDC); or

                             (ii)  a person who the Minister is satisfied is a business associate of the Myanmar military; or

                            (iii)  a current or former minister or a current or former deputy minister; or

                            (iv)  a current or former military officer of the rank of Brigadier-General or higher; or

                             (v)  a senior official in any of Myanmar’s security or corrections agencies; or

                            (vi)  a current or former senior officeholder of the Union Solidarity and Development Party (USDP) or the Union Solidarity and Development Association (USDA); or

                           (vii)  a senior official or executive in a state-owned or a military-owned enterprise; or

                          (viii)  an immediate family member of a person mentioned in any of subparagraphs (i) to (vii); or

                            (ix)  any other person that the Minister may designate as a designated person or declare as a declared person for Myanmar under subregulation 6(1) of the Autonomous Sanctions Regulations 2011 ; and

                     (b)  the person is, or has been, responsible for, or complicit in, the 2021 coup d’état in Myanmar.

7   Review of operation of Act

             (1)  The Joint Standing Committee on Foreign Affairs, Defence and Trade must commence a review of the operation of this Act as soon as possible after legislation is enacted to implement the recommendations of the Magnitsky report that relate to legislative action.

             (2)  The Committee must give the Minister a written report of the review.

             (3)  The Minister must table a copy of the report of the review in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.

             (4)  In this section:

Magnitsky report means the report by the Human Rights Sub-Committee of the Joint Standing Committee on Foreign Affairs, Defence and Trade, titled “Criminality, corruption and impunity: Should Australia join the Global Magnitsky movement?”.