List of recommendations
Recommendation 1
3.33 The committee recommends that the government
consider developing best practice guidelines for the policy formulation,
drafting, implementation, enforcement, monitoring and administration of
autonomous sanctions. These guidelines could be informed by relevant
international resources, research and public consultation.
Recommendation 2
3.41 The committee recommends that the government amend
the Explanatory Memorandum to include guidance about the types of 'other
writing' that may be incorporated by reference in regulations made under
subclause 10(3).
Recommendation 3
3.56 The committee recommends that the government should
amend the Explanatory Memorandum to set out the reasons for including subclause
14(5).
Recommendation 4
3.63 The committee recommends that the government
consider:
- extending
Part 2, Division 2 to the enforcement of sanction laws as defined in Clause 4;
or
- if
there is no legislative intention to do so, including in the Explanatory Memorandum
an explanation of how Part 2, Division 2 is consistent with the purpose of the
bill expressed in subclause 3(b).
Recommendation 5
3.73 The committee recommends that the government amend
the Explanatory Memorandum to include a statement of reasons for the imposition
in subclause 16(8) of strict liability in respect of the offences contained in
subclauses 16(5) and 16(6).
Recommendation 6
3.88 The committee recommends that, for the avoidance of
doubt, the government consider including in subclause 16(2) an element that an
individual must hold an authorisation.
Recommendation 7
3.104 The committee recommends that the government consider including in the
bill or the Explanatory Memorandum an express statement of the fault elements
applicable to each of the physical elements of the offences set out in Clause
17.
Recommendation 8
3.108 The committee recommends that the government consider including in the
bill:
- an
inclusive definition of the 'administration' of an autonomous sanctions regime
for the purposes of Clause 17; and
- a
definition of an SES employee, by reference to the Public Service Act 1999, for
the purpose of Clause 27.
Recommendation 9
3.117 The committee recommends that the government amend the Explanatory
Memorandum to the bill to set out the reasons for:
- derogating
from the privilege against self incrimination in Clause 22; and
- the
non-inclusion of derivative use immunity in subclause 22(2).
Recommendation 10
3.118 The committee recommends that the government consider extending the use
immunity recognised in subclause 22(2) to documents provided pursuant to a
notice issued under Clause 19.
Recommendation 11
3.127 The committee recommends that the government amend the Explanatory
Memorandum to the bill to explain the reasons for the immunity contained in
Clause 25.
Recommendation 12
3.134 The committee recommends that the government amend the Explanatory
Memorandum to the bill to set out the reasons for including the following
clauses:
Recommendation 13
3.146 The committee recommends that, subject to consideration of
recommendations 1-12 of this report, the Senate pass the bill.
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