Sanctions—Australia—Q&A guide
Published by a LexisPSL Corporate Crime expert
Last updated on 29/04/2022

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Sanctions—Australia—Q&A guide
  • 1. What domestic legislation enables economic, financial and trade sanctions to be implemented in your jurisdiction?
  • 2. Does the domestic legislation empower your government to implement an autonomous sanctions regime or are only those sanctions adopted by international institutions and organisations imposed?
  • 3. What types of sanction are imposed in your jurisdiction?
  • 4. Which countries are currently the subject of sanctions or embargoes in your jurisdiction?
  • 5. What other sanctions regimes are currently in force in your jurisdiction which are not country specific?
  • 6. What sanctions and prohibitions are imposed in your jurisdiction in relation to terrorist activities?
  • 7. Are any blocking or anti-boycott laws in place in your jurisdiction?
  • 8. Who must comply with sanctions imposed in your jurisdiction? Do sanctions have extra-territorial effect?
  • 9. Which government authorities in your jurisdiction are responsible for implementing and administering sanctions?
  • More...

Sanctions—Australia—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to sanctions in Australia published as part of the Lexology Getting the Deal Through series by Law Business Research (published: April 2022).

Authors: Clyde & Co LLP—Avryl Lattin; Jacob Smit; Cynthia Constantin

1. What domestic legislation enables economic, financial and trade sanctions to be implemented in your jurisdiction?

Australia's economic, financial and trade sanctions legislative framework is divided into two categories:

  1. sanctions implemented pursuant to United Nations Security Council (UNSC) resolutions. These sanctions are primarily enabled through the Charter of the United Nations Act 1945 (Cth), the Charter of the United Nations (Dealing with Assets) Regulations (Cth) and specific regulations that implement UNSC sanctions resolutions relating to particular countries or issues; and

  2. autonomous sanctions that the Australian government imposes as a matter of foreign policy to address situations of international concern. These sanctions are primarily enabled through the Autonomous Sanctions Act 2011 (Cth), Autonomous Sanctions Regulations 2011 (Cth) and various specifications, designations and lists relevant to particular countries or issues.

The following legislation is also relied upon to implement certain sanctions regimes:

  1. Customs Act 1901 (Cth), Customs (Prohibited Exports) Regulations 1958 (Cth) and Customs (Prohibited Imports) Regulations 1956 (Cth); and

  2. Migration Regulations 1994 (Cth) and Migration (United Nations Security Council Regulations) Regulations 2007 (Cth).

In addition to the above, there are other laws that support and sit alongside the operation of

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Key definition:
Sanctions definition
What does Sanctions mean?

The court can impose sanctions on parties to civil litigation who fail to comply with relevant rules, practice directions and court orders. These sanctions include striking out a party's claim or defence. A party can apply for relief from sanctions under Rule 3.9 of the CPR.

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