Commonwealth Consolidated Acts

AUTONOMOUS SANCTIONS ACT 2011 - SECT 10

  (1)   The regulations may make provision relating to any or all of the following:

  (a)   proscription of persons or entities (for specified purposes or more generally);

  (b)   restriction or prevention of uses of, dealings with, and making available of, assets;

  (c)   restriction or prevention of the supply, sale or transfer of goods or services;

  (d)   restriction or prevention of the procurement of goods or services;

  (e)   provision for indemnities for acting in compliance or purported compliance with the regulations;

  (f)   provision for compensation for owners of assets that are affected by regulations relating to a restriction or prevention described in paragraph   (b).

  (2)   Before the Governor - General makes regulations for the purposes of subsection   (1), the Minister must be satisfied that the proposed regulations:

  (a)   will facilitate the conduct of Australia's relations with other countries or with entities or persons outside Australia; or

  (b)   will otherwise deal with matters, things or relationships outside Australia.

  (3)   Despite subsection   14(2) of the Legislation Act 2003 , regulations made for the purposes of subsection   (1) may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.

  (4)   If:

  (a)   under a provision of the regulations, the Minister has a power to make a legislative instrument relating to the proscription of persons or entities other than by reference to one or more particular countries; and

  (b)   under that provision, the Minister proposes to make a legislative instrument proscribing one or more persons or entities;

then before making the instrument:

  (c)   the Minister must consult the Attorney - General and obtain the Attorney - General's agreement in writing to the making of the instrument; and

  (d)   the Minister must consult such other Ministers as the Minister considers appropriate.

  (5)   If:

  (a)   under the regulations, the Minister has made a legislative instrument proscribing one or more persons or entities other than by reference to one or more particular countries; and

  (b)   under the regulations, the Minister proposes to make another legislative instrument continuing the effect of the proscription, or revoking the proscription, of one or more of those persons or entities;

then before making the other instrument:

  (c)   the Minister must consult the Attorney - General and obtain the Attorney - General's agreement in writing to the making of the other instrument; and

  (d)   the Minister must consult such other Ministers as the Minister considers appropriate.

  (6)   If, under a provision of the regulations, the Minister has a power to make a legislative instrument, the Minister must not, under the regulations, delegate that power to another person.