Janet Rice (Victoria, Australian Greens) Share this | Hansard source

by leave—I move:

(1) Clause 2, page 2 (table item 1), omit the table item, substitute:

(2) Schedule 1, heading, page 3 (line 1), after "Amendments", insert "relating to thematic sanctions".

(3) Page 5 (after line 13), at the end of the Bill, add:

Schedule 2 — 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 Parliam ent

(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 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.

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

15B Minister m ust give statement in relation to Myanmar

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

(a) prepare a statement in relation to the 2021 coup d'etat 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 violations or serious abuses of human rights; 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'etat in Myanmar.

These amendments go to the issue of who ends up being sanctioned and the process of determining who ends up being sanctioned. As I foreshadowed in my speech in the second reading debate, the Greens think it's very important that these amendments would create an established and transparent pathway for referrals. It's fundamental, because if this bill is genuinely to create a framework for protecting human rights—and not simply creating a targeted sanctions regime as a tool that can be used to pick and choose who you are sanctioning—there has to be a capacity for an established, transparent pathway for human rights abusers to be nominated. It shouldn't depend on whether they are our allies, and nor should it depend on any narrow definition of what is determined by the minister to be in our 'national interest'.

I want to go to the issue of Myanmar, where the minister has determined it's not in our national interest to sanction the human rights abusers, the members of the junta who undertook the coup in Myanmar—because it has been determined that it's not in our national interest. It is so important that we actually have a transparent, accountable pathway so that civil society and others can be putting forward nominations, and they can be investigated and they can be reported on. The measures here lay out those sorts of processes and lay out the need for the minister to give a statement on request by parliament, in particular, in the case of Myanmar. And Myanmar is a really important case in point, because we've had the ability to be imposing sanctions on Myanmar. The minister had the ability to do so under our existing legislation, but she has chosen not to. And so, actually having that transparent pathway for individuals to be proposed is very significant.

I want to ask some questions of the minister relating to Myanmar, because I think it goes to the point of where this bill now needs to be strengthened. Minister, on 5 October you made the Autonomous Sanctions (Designated and Declared Persons—Myanmar) Amendment (Continuation of Effect) Instrument 2021. Did you seek advice from the department about adding names to that list?