Australia’s Autonomous Sanctions Regulations 2011: Designations

9Duration of designation under regulation 6, 7 or 8 ordeclaration under regulation 6

(1)A designation made under paragraph 6 (1) (a) or (2) (a), regulation 7 or paragraph 8 (1) (a) or (b) ceases to have effect on:

(a)if no declaration under subregulation (3) has been made in relation to the designation — the third anniversary of the day on which the designation took effect; or

(b)otherwise — the third anniversary of the making of the most recent declaration under subregulation (3) in relation to the designation.

(2)A declaration made under paragraph 6 (1) (b) or (2) (b) ceases to have effect on:

(a)if no declaration under subregulation (3) has been made in relation to the declaration — the third anniversary of the day on which the declaration took effect; or

(b)otherwise — the third anniversary of the making of the most recent declaration under subregulation (3) in relation to the declaration.

(3)The Minister may, by legislative instrument, declarethat a designation or declaration specified in the instrument continues to have effect.

(4)The Minister must not:

(a)make a declaration under subregulation (3) in relation to a designation made under paragraph 6 (1) (a) unless the Minister is satisfied that the person or entity to which the designation relates is mentioned in an item of the table in subregulation 6 (1); or

(b)make a declaration under subregulation (3) in relation to a designation made under paragraph 6 (2) (a) unless the Minister is satisfied that the person or entity to which the designation relates is contributing to the proliferation of weapons of mass destruction; or

(c)make a declaration under subregulation (3) in relation to a designation made under regulation 7 unless the Minister is satisfied on reasonable grounds that the asset to which the designation relates is a controlled asset.

(5)To avoid doubt:

(a)subregulation (1) does not prevent the revocation, under regulation 10, of a designation; and

(b)subregulation (1) does not prevent the making, under paragraph 6 (1) (a) or (2) (a), regulation 7 or paragraph 8 (1) (a) or (b), of a new designation that is the same in substance as another designation (whether the new designation is made or takes effect before or after the other designation ceases to have effect because of subregulation (1)); and

(c)subregulation (2) does not prevent the revocation, under regulation 10, of a declaration; and

(d)subregulation (2) does not prevent the making, under paragraph 6 (1) (b) or (2) (b), of a new declaration that is the same in substance as another declaration (whether the new declaration is made or takes effect before or after the other declaration ceases to have effect because of subregulation (2)).

10Revocation of designation under regulation 6, 7 or 8or declaration under regulation 6

(1)The Minister may, by legislative instrument, revoke:

(a)a designation made under paragraph 6 (1) (a) or (2) (a), regulation 7 or paragraph 8 (1) (a) or (b); or

(b)a declaration made under paragraph 6 (1) (b) or (2) (b).

(2)The Minister may revoke a designation or declaration on the Minister’s initiative.

(3)The Minister may also revoke:

(a)a designation made under paragraph 6 (1) (a) or (2) (a); or

(b)a declaration made under paragraph 6 (1) (b) or (2) (b);

on application by the designated person or entity to which the designation relates.

Note See regulation 11.

(4)The Minister may also revoke a designation made under regulation 7 on application by the designated person or entity that owns or controls the designated asset to which the designation relates.

Note See regulation 11.

(5)The Minister may also revoke a designation made under paragraph 8 (1) (a) or (b) on application by:

(a)the owner of the sanctioned vessel to which the designation relates; or

(b)the person who controls the sanctioned vessel to which the designation relates.

Note See regulation 11.

11Application for revocation of designation under regulation 6, 7 or 8 or declaration under regulation 6

(1)For regulation 10:

(a)a designated person or entity may apply to the Minister to revoke the designation of the person or entity; and

(b)a person who has been declared under paragraph 6 (1) (b) or (2) (b) may apply to the Minister to revoke the declaration of the person; and

(c)a person or entity that owns or controls a designated asset may apply to the Minister to revoke the designation of the asset; and

(d)the owner of a sanctioned vessel may apply to the Minister to revoke the designation of the vessel; and

(e)a person who controls a sanctioned vessel may apply to the Minister to revoke the designation of the vessel.

(2)The application must:

(a)be in writing; and

(b)set out the circumstances relied upon to justify the application.

(3)The Minister is not required to consider an application (the current application) by a person or entity under this regulation if the person or entity has made an application under this regulation within one year before the current application.

 

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