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senate vote 2024-03-27#17
Edited by
mackay staff
on
2024-12-27 14:55:21
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Title
Bills — Autonomous Sanctions Amendment Bill 2024- Autonomous Sanctions Amendment Bill 2024 - Committee of the Whole - Sanctions and annual report
Description
<p class="motion-notice motion-notice-notext">No motion text available</p>-
- The majority voted against [amendments](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Famend%2Fr7150_amend_935696e7-491a-455f-9d3a-1d5ceb98a2fe%22;rec=0) introduced by the Greens, which means they failed.
- ### Amendment text
- > *(1) Page 7 (after line 32), at the end of the bill, add:*
- >
- >> *Schedule 2 — Thematic sanctions and other measures*
- >>
- >> *Autonomous Sanctions Act 2011*
- >>
- >> *1 Section 4*
- >>
- >> *Insert:*
- >>
- >>> *civil society organisation does not include the following:*
- >>>
- >>>> *(a) a foreign government entity;*
- >>>>
- >>>> *(b) a body that is carried on for the purposes of profit or gain to its individual members;*
- >>
- >> *2 At the end of subsection 10(4)*
- >>
- >> *Add:*
- >>
- >>> *; and (e) if the proposed proscription addresses a matter mentioned in paragraph 3(3)(d) or (f)—the Minister must consider any credible information provided by a civil society organisation that monitors violations or abuses of human rights or has expertise in international humanitarian law.*
- >>
- >> *3 At the end of subsection 10(5)*
- >>
- >> *Add:*
- >>
- >>> *; and (e) if the proscription addresses a matter mentioned in paragraph 3(3)(d) or (f)—the Minister must consider any credible information provided by a civil society organisation that monitors violations or abuses of human rights or has expertise in international humanitarian law.*
- >>
- >> *4 At the end of section 10*
- >>
- >> *Add:*
- >>
- >>> *(7) The regulations must prescribe one or more processes under which a civil society organisation may provide information to the Minister as mentioned in paragraphs (4)(e) and (5)(e).*
- >>>
- >>> *(8) Without limiting subsection (7), the regulations may provide for any of the following:*
- >>>
- >>>> *(a) the Minister to convene regular meetings with civil society organisations;*
- >>>>
- >>>> *(b) the Minister to convene such other meetings with civil society organisations as are necessary to respond to an international crisis;*
- >>>>
- >>>> *(c) opportunities for civil society organisations to provide information in confidence to the Minister;*
- >>>>
- >>>> *(d) the development of strategies and guidelines for ministerial and departmental engagement with civil society organisations.*
- >>
- >> *5 Before section 28*
- >>
- >> *Insert:*
- >>
- >>> *27A Annual report on sanctions*
- >>>
- >>> *(1) The Minister must prepare a report on the autonomous sanctions applied under this Act during each calendar year.*
- >>>
- >>> *(2) The Minister must table a copy of the report in each House of the Parliament within 15 sitting days of that House after the end of the calendar year to which the report relates.*
- >>
- >> *6 Application of amendment*
- >>
- >>> *Section 27A of the Autonomous Sanctions Act 2011, as inserted by this Schedule, applies in relation to calendar years beginning on or after the commencement of this item.*
- >
- > *(2) Page 7 (after line 32), at the end of the Bill, add:*
- >
- >> *Schedule 3 — Amendments relating to targeted sanctions for human rights violations*
- >>
- >> *Autonomous Sanctions Act 2011*
- >>
- >> *1 After paragraph 3(1)(b)*
- >>
- >> *insert:*
- >>
- >>> *(ba) require the Minister to inform the Parliament about the application of autonomous sanctions for serious violations or serious abuses of human rights; and*
- >
- > *2 Section 4*
- >
- > *Insert:*
- >
- >> *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.*
- >>>
- >>> *human rights has the same meaning as in the Human Rights (Parliamentary Scrutiny) Act 2011.*
- >
- > *3 After Part 2*
- >
- > *Insert:*
- >
- >> *Part 2A — Ministerial statements on sanctions relating to human rights*
- >>
- >> *15A 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; or*
- >>>
- >>> *(e) any other committee established, on or after the commencement of this section, under a resolution of one or both Houses of the Parliament to inquire into and report on matters relating to foreign affairs;*
- >>>
- >>> *requiring the Minister to prepare a statement in accordance with subsection (2) in relation to:*
- >>>
- >>> *(f) a person; or*
- >>>
- >>> *(g) 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 violations or serious abuses of human rights; 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 organisations.*
- >>
- >> *(3) The Minister must table the statement in both Houses of the Parliament within 120 days after the day the resolution is passed.*
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