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Sep 5, 2024 | 
lexology.com | Christine Wong |Daniel R. Hyde |Jacqueline Wootton |Leon Chung
On 8 September 2024, the new offence of ‘failing to prevent ‘Associates’ bribing foreign public officials’ comes into effect. This is a strict liability corporate offence (see our website for an overview). There is an adequate procedures defence available to companies, in relation to which the Commonwealth Attorney General is required to publish guidance. The final Guidance on adequate procedures to prevent the commission of foreign bribery was published last week.
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May 6, 2024 | 
lexology.com | Leon Chung |Jacqueline Wootton |Christine Wong |Natasha Reurts |Priscilla Bourne |Kayla Laird
In a landmark case, the Federal Court of Australia has directly considered the scope of the Australian Autonomous Sanctions Regulations (2011) (Cth) (Regulations), marking the first instance where an Australian court has interpreted the prohibitions on sanctioned supplies (regulations 4 and 12) and dealings with designated persons and entities (regulation 14).
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May 6, 2024 | 
lexology.com | Leon Chung |Jacqueline Wootton |Christine Wong |Natasha Reurts |Priscilla Bourne |Kayla Laird
Recently, the Federal Court of Australia handed down its judgment in Tigers Realm Coal Limited v Commonwealth of Australia [2024] FCA 340, considering the interpretation of the word ‘transport’ in regulation 4A of the Autonomous Sanctions Regulations 2011 (Cth) (the Regulations). This decision marks yet another recent decision by the Federal Court of Australia regarding Australia’s autonomous sanctions regime.
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May 6, 2024 | 
lexology.com | Leon Chung |Jacqueline Wootton |Christine Wong |Natasha Reurts |Priscilla Bourne |Kayla Laird
Autonomous Sanctions Amendment Bill 2024 On 24 February 2024, the Australian Parliament tabled the Autonomous Sanctions Amendment Bill 2024 (the Bill) to amend the Autonomous Sanctions Act 2011 (Cth) (the Act).[1] The purpose of the Bill was to clarify: “that individuals and / or entities can be validly sanctioned based on past conduct or status”;[2] the validity of sanctions imposed on the basis of past conduct or status, or with respect to past circumstances; and the validity of sanctions...
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Feb 12, 2024 | 
mondaq.com | Leon Chung |Jacqueline Wootton |Christine H. Wong |Natasha Reurts
Following the introduction of the Autonomous Sanctions
Amendment (Magnitsky-style and Other Thematic Sanctions)
Regulations 2021 (the Magnitsky-style
Regulations) on 21 December 2021, Australia has announced
the second tranche of financial and travel sanctions under the
Magnitsky-style Regulations on 23 January 2024.
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Feb 12, 2024 | 
lexology.com | Jacqueline Wootton |Merryn Quayle |Leon Chung |Mark Smyth |Bryony Adams |Anna Sutherland | +5 more
In this issue 01 Corporate crime and investigationsoutlook 2024: Trends in Australia and beyond02 Foreign bribery law reform: third time lucky?
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Nov 6, 2023 | 
lexology.com | Leon Chung |Jacqueline Wootton |Christine Wong |Natasha Reurts |Priscilla Bourne |Kayla Laird
In an ongoing effort to respond to the Russian invasion of Ukraine, the Australian Government continues to broaden its sanction regime against Russia. Notably, the government has turned its focus on declaring a ban on the export of machinery and related parts to Russia and areas of Ukraine currently under Russian control as foreshadowed earlier in the year. The measures show Australia’s is remaining a part of a coordinated global response with its G7 allies.
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Mar 24, 2023 | 
lexology.com | Jacqueline Wootton |Leon Chung |Elizabeth Macknay |Anna Sutherland
Whatever happened to the Combatting Corporate Crime Bill? A recent OECD Report shows the Australian Government has not given up on anti-bribery law reform and police and prosecutors are actively pursuing foreign bribery matters. The Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2019 (Cth) promised to be the most significant shake up of Australia’s anti-corruption landscape for companies in two decades, since the foreign bribery offence was introduced in 1999.
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Mar 20, 2023 | 
lexology.com | Jacqueline Wootton |Leon Chung |Christine Wong |Natasha Reurts |Priscilla Bourne |Kayla Laird
Australia has recently extended its sanctions regime to designate additional individuals and entities, and pledged to provide further military assistance for Ukraine. Further designationsOn 24 February 2023, the first anniversary of Russia’s invasion of Ukraine, the Australian Government announced additional sanctions in response to the ongoing Russian hostilities.
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Feb 6, 2023 | 
lexology.com | Jacqueline Wootton |Leon Chung |Christine Wong |Natasha Reurts |Priscilla Bourne |Kayla Laird
Australian Magnitsky-Style SanctionsOn 31 January 2023, Australia announced the second tranche of financial and travel sanctions under the Autonomous Sanctions Amendment (Magnitsky-style and Other Thematic Sanctions) Regulations 2021 (the Magnitsky-style Regulations), which were introduced on 21 December 2021.
