In our latest Customs & Trade alert, Alexander Uskhopov — Associate in our Customs & Trade group breaks down the details of the new Administrative Review Tribunal as well as the parliamentary inquiry into the effectiveness of Australia’s sanction regime.
Transition to the Administrative Review Tribunal (ART)
The new Administrative Review Tribunal (ART) will officially commence operations on 14 October 2024, replacing the Administrative Appeals Tribunal (AAT). The Attorney-General’s Department alongside the ART and various decision-making agencies are coordinating efforts to ensure a smooth transition takes place.
The key details to be aware of are:
New appointments
As of 1 October 2024, the government has proposed 43 new appointments to the ART, which will require approval from the Governor-General. These include 18 Senior Members and 25 General Members, set to begin their terms on the ART’s launch date.
Jurisdictional Area Leaders
- ART President Hon Justice Emilios Kyrou AO – Intelligence and Security
- Deputy President Simone Burford – Protection
- Deputy President Kruna Dordevic – NDIS and Social Security
- Deputy President Gina Lazanas – Taxation, Business, Veterans, Workers’ Compensation, General Area
- Deputy President Kathryn Millar – Migration
ART Rules and Regulations 2024
The ART will operate under a comprehensive set of rules and regulations designed to enhance transparency and efficiency in the review process. The ART Rules (Rules) and ART Regulations (Regulations) were registered and tabled in Parliament on 18 September 2024 and 19 September 2024, respectively.
Key features include:
Appointment procedures: The Regulations establish merit-based criteria for appointing non-judicial members to the ART, ensuring that qualified individuals are selected to uphold the integrity of the tribunal.
Operational framework: The Rules outline critical operational aspects, including:
- Application procedures: clear guidelines on how to submit applications, including timeframes and required documentation.
- Application fees: detailed information about fees associated with applications, designed to ensure accessibility while maintaining the tribunal’s financial sustainability.
- Witness allowances: provisions for compensating witnesses, fostering a collaborative environment for those participating in the review process.
For further details and resources, please visit the Attorney-General’s Department’s website.
Inquiry into Australia’s sanctions regime
In July 2024, the Senate initiated a parliamentary inquiry into Australia’s sanctions regime, which was referred to the Foreign Affairs, Defence and Trade Reference Committee to conduct the inquiry. The inquiry aims to evaluate the current framework and is due to report by 11 February 2025.
While the deadline for public submissions was on 6 September 2024, further enquiries can be made via the following Committee contact:
Foreign Affairs, Defence and Trade Committee
Phone: +61 2 6277 3535
Email: fadt.sen@aph.gov.au
The inquiry seeks to assess the effectiveness and applicability of the sanctions regime, with particular reference to the following:
- an assessment of the consistency in the application of Australia’s sanctions regime and in coordination with key partners and allies, including the identification of any gaps and time lags in their application;
- consideration of the evidence on how sanctions regimes are targeting and addressing the behaviour of designated individuals and entities;
- consideration of specific measures to coordinate, collaborate, and harmonise sanctions with partners and allies, and multilaterally, including how different interests can be taken into account;
- consideration of mechanisms to freeze and confiscate assets belonging to sanctioned persons/entities and how the proceeds can be used to benefit peoples and countries impacted by the behaviour of sanctioned individuals and entities;
- consideration of opportunities for engagement by the Australian community, civil society, financial institutions and other organisations in Australia’s sanctions regime;
- consideration of methods to assess the effectiveness of sanctions decisions and/or the extent to which sanctions are having the intended impact, and recommend any improvements;
- consideration of how Australia’s sanctions regime could better align with Australia’s existing anti-corruption and crime measures, including better targeting of Australians involved in designated actions;
- consideration of the role of sanctions in an increasingly complex global context, where geostrategic competition is re-shaping our region; and
- any other matters relevant to the effectiveness of Australia’s sanctions framework.
We will provide updates on developments as they arise, as well as a comprehensive report on the Committee’s findings in February 2025.
Contact us
If you would like to discuss the new ART or the inquiry into Australia’s sanctions regime, please contact a member of our Customs & Trade team.
Disclaimer: This publication contains comments of a general nature only and is provided as an information service. It is not intended to be relied upon, nor is it a substitute for specific professional advice. No responsibility can be accepted by Rigby Cooke Lawyers or the authors for loss occasioned to any person doing anything as a result of any material in this publication.
Liability limited by a scheme approved under Professional Standards Legislation. © 2024 Rigby Cooke Lawyers |