Australia’s Autonomous Sanctions Regulations 2011: Authorizations

 

Part 4Authorisations

18Minister may grant permits

(1)The Minister may grant to a person a permit authorising:

(a)the making of a sanctioned supply; or

(b)the provision of a sanctioned service; or

(c)the making available of an asset to a person or entity that would otherwise contravene regulation 14; or

(d)a use of, or a dealing with, a controlled asset.

Note Section 15 of the Act applies to a permit granted by the Minister under this subregulation.

(2)The Minister may grant a permit:

(a)on the Minister’s initiative; or

(b)on application by a person.

(3)The Minister must not grant a permit unless the Minister is satisfied:

(a)that it would be in the national interest to grant the permit; and

(b)about any circumstance or matter required by this Part to be considered for a particular kind of permit.

(4)A permit may be granted subject to conditions specified in the permit.

19Minister may waive operation of declaration under paragraph 6 (1) (b) or (2) (b)

(1)This regulation applies if:

(a)the Minister has declared a person under paragraph 6 (1) (b) or (2) (b) for the purpose of preventing the person from travelling to, entering or remaining in Australia; and

(b)the person:

(i)holds a visa under the Migration Act 1958; or

(ii)had applied under that Act for the grant of a visa before the declaration, and the application had not been finally determined (within the meaning of that Act) before the declaration; or

(iii)applies under that Act for the grant of a visa after the declaration.

(2)The Minister may, in writing, waive the operation of the declaration to the extent that it would have the effect of preventing the person from travelling to, entering or remaining in Australia as would be permitted by the visa.

(3)The Minister may waive the operation of the declarationonly:

(a)on the grounds that it would be in the national interest; or

(b)on humanitarian grounds.

(4)The Minister may waive the operation of the declarationsubject to conditions specified in the waiver.

(5)A waiver has effect:

(a)for the period (if any) specified by the Minister in the waiver; or

(b)in the circumstances (if any) specified by the Minister in the waiver.

(6)The waiver ceases to have effect if:

(a)the person fails to comply with a condition to which it is subject; or

(b)the period (if any) for which it has effect ends; or

(c)the circumstances in which it has effect cease to exist.

20Permit for assets and controlled assets

(1)An application for a permit authorising the making available of an asset to a person or entity that would otherwise contravene regulation 14 must be for:

(a)a basic expense dealing; or

(b)a legally required dealing; or

(c)a contractual dealing.

Note See paragraph 18 (1) (c).

(2)An application for a permit authorising a use of, or a dealing with, a controlled asset must be for:

(a)a basic expense dealing; or

(b)a legally required dealing; or

(c)a contractual dealing.

Note See paragraph 18 (1) (d).

(3)A dealing is a basic expense dealing if:

(a)it is constituted by:

(i)a payment to a designated person or entity; or

(ii)a payment to a person or entity acting on behalf of, or at the direction of, a designated person or entity; or

(iii)a payment to an entity owned or controlled by a designated person or entity; or

(iv)a use or dealing with a controlled asset; and

(b)the dealing is necessary for basic expenses, including any of the following:

(i)foodstuffs;

(ii)rent or mortgage;

(iii)medicines or medical treatment;

(iv)taxes;

(v)insurance premiums;

(vi)public utility charges;

(vii)reasonable professional fees;

(viii)reimbursement of expenses associated with the provision of legal services;

(ix)fees or service charges that are in accordance with a law in force in Australia for the routine holding or maintenance of frozen assets.

(4)A dealing is a legally required dealing if:

(a)it is constituted by:

(i)a payment to a designated person or entity; or

(ii)a payment to a person or entity acting on behalf of, or at the direction of, a designated person or entity; or

(iii)a payment to an entity owned or controlled by a designated person or entity; or

(iv)a use or dealing with a controlled asset; and

(b)the dealing is necessary to satisfy a judicial, administrative or arbitral lien or judgement that was made prior to the date on which the person or entity became a designated person or entity; and

(c)the dealing is not for the benefit of a designated person or entity.

(5)A dealing is a contractual dealing if:

(a)it is constituted by:

(i)a payment to a designated person or entity; or

(ii)a payment to a person or entity acting on behalf of, or at the direction of, a designated person or entity; or

(iii)a payment to an entity owned or controlled by a designated person or entity; or

(iv)a use or dealing with a controlled asset; and

(b)the dealing is a payment:

(i)to apply interest or other earnings due on accounts holding controlled assets; or

(ii)required under contracts, agreements or obligations made before the date on which those accounts became accounts holding controlled assets.

Note If the account into which the payment is paid is frozen under Sanctions Regulations, this payment will also be frozen once received.

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