House debates

Thursday, 30 September 2010

Autonomous Sanctions Bill 2010

Second Reading

9:01 am

Photo of Kevin RuddKevin Rudd (Griffith, Australian Labor Party, Minister for Foreign Affairs) Share this | Hansard source

I move:

That this bill be now read a second time.

The Autonomous Sanctions Bill 2010 was previously tabled before the House by the former Minister for Foreign Affairs, the Hon. Stephen Smith MP, on 26 May 2010.

I commend to the House the speech the former minister made on that occasion in which he laid out the rationale for this bill.

The bill introduced today is unchanged from the bill that was tabled in parliament earlier this year.

It is appropriate in reintroducing this bill to mention the importance of autonomous sanctions in international diplomacy.

These are specifically targeted measures that are intended to apply pressure on regimes engaging in behaviour of serious international concern.

Iran’s persistent failure to abide by legally binding United Nations Security Council decisions and to provide the necessary cooperation to enable the International Atomic Energy Agency to confirm that its nuclear activities are solely for peaceful purposes is a consistent threat to international peace and security.

In response to this threat, members of the international community, including Australia, the United States, the European Union, Canada, Japan and the Republic of Korea have imposed autonomous sanctions to reinforce and supplement United Nations Security Council sanctions against Iran.

In the past it has been possible to apply such sanctions using other existing instruments intended for other purposes.

Most recently a package of measures were applied against Iran with the support of the opposition during the caretaker period.

Australia does not take its obligations to international peace and security lightly.

It is imperative to support like-minded states in maintaining international peace and security.

This recent concerted international action targeting Iran’s nuclear and missile programs demonstrates the urgent need to strengthen Australia’s autonomous sanctions regime by allowing greater flexibility in the range of measures Australia can implement, beyond those achievable under existing instruments.

This will ensure that Australia’s autonomous sanctions can match the scope and strength of measures implemented by like-minded states.

Impact of sanctions on regimes

Closer to home, the Democratic People’s Republic of Korea continues its belligerent behaviour in defiance of the United Nations Security Council resolutions adopted on 14 October 2006 and 12 June 2009.

Earlier this year, North Korea’s threat to regional stability was on display again with its unprovoked attack on the Republic of Korea naval vessel, the Cheonan.

Autonomous sanctions further augment pressures on regimes where Security Council sanctions have been adopted, such as those with Iran and North Korea.

Autonomous sanctions are also a critical tool in applying pressure on regimes whose behaviour raises serious international concerns—whether it be human rights violations or acts of aggression—and are not subject to UNSC sanctions.

I commend to the House the very thoughtful and considered views in support of the bill, expressed by members from both sides when the bill was debated in the House.

During the second reading debate on the bill, the honourable member for Curtin raised the important matter of domestic privacy implications of part 4 (and clause 5) of the bill relating to the collection, flow and use of information for purposes associated with the administration of sanctions laws.

I would like to take this opportunity to assure the House that these considerations were very much at the forefront during the drafting of the bill.

The measures in question are in accordance with section 14 of the Privacy Act 1988, which sets out the information privacy principles.

They do not allow a record keeper who has possession or control of a record that contains personal information to disclose the information to a person, body or agency (other than the individual concerned) other than as authorised under the measures in part 4 (this is in accordance with subparagraph 1(d) of information privacy principle 11).

They also do not allow a person, body or agency to whom personal information is disclosed pursuant to part 4 to use or disclose the information for a purpose other than the purpose for which the information was given (in accordance with paragraph 3 of information privacy principle 11).

The Australian government will continue to review regularly autonomous sanctions with respect to the ongoing need to apply pressure on particular regimes as well as the sanctions measures applied to that particular regime.

I commend the bill to the House.

Debate (on motion by Mr Chester) adjourned.

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