Sanctions 2025

AUSTRALIA Law and Practice Contributed by: Dennis Miralis, Jack Dennis, Henry Yu and Darren Pham, Nyman Gibson Miralis

Judicial Review The procedure by which to challenge the decision to list itself may be different from the foregoing (eg, through administration law) and differ from case to case. 4.2 Remedies A successful de-listing challenge can result in the removal of the designation list, as this is the primary objective of a delisting challenge. Importantly, there is no statutory right or framework in Australia to recover financial compensation for being wrongly designated. However, there may be compen - sation available if the sanctions were imposed “mali - ciously”. This remains untested in Australia. 4.3 Timing The time it takes to obtain a delisting may vary sig - nificantly depending on the specific circumstances. There are no statutory timeframes. 5. Trade and Export Restrictions 5.1 Services There are several – independent and overlapping – statutory regimes prohibiting, authorising or otherwise controlling the import and export of a range of ser - vices and goods in Australia. The primary statutory instruments include the follow - ing: • The Customs Act 1901 (Cth) and the Customs (Prohibited Exports) Regulations 1958 (Cth) – these primarily deal with controls for the import and export of most goods, including defence and dual- use goods and technologies. The ABF is the pri - mary agency responsible for enforcing this regime; however, other government agencies are involved, including the Defence Export Controls (DEC) within the Department of Defence. • The Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 (Cth) – this controls any goods, technologies, or services that could be used in a weapons of mass destruction pro - gramme. This regime is administered by the DEC.

• Defence Trade Controls Act 2012 (Cth) – this con - trols the transfer of defence and strategic goods, technologies, and services. This regime is also administered by the DEC. Key to this regime is the Defence and Strategic Goods List 2024, which lists the military and dual-use goods, software, and technologies that are subject to export control regulations in Australia. • Export Control Act 2020 (Cth) – this creates a framework regulating the export of all goods (including agricultural products and food) through the Export Control Rules 2021. This regime is gen - erally administered by the Department of Agricul - ture, Fisheries and Forestry. The import or export of a good or service must be compliant with any applicable regime, which may require seeking authorisation under each regime from the relevant authority. By way of example, the exporting of a dual-use good to a country in respect of which there is a sanction regime may require an export permit from the DEC as well as a sanctions permit from ASO. 5.2 Goods Please refer to 5.1 Services . Australian courts have recognised that Australian- imposed sanctions can trigger a force majeure clause, allowing the contracting party to terminate a contract. This position was made clear in Alumina and Bauxite Company Ltd v Queensland Alumina Ltd (2024) FCA 43 , whereby it was found that a party was entitled to cease supplying, shipping and delivering certain goods to other entities – in which the designated oli - garchs held indirect shareholding interests – on the basis that such activities would breach Australia’s autonomous sanctions. This question turned on the construction of the specific sanction regime and each of the contract’s force majeure clauses. This position was confirmed by the Full Federal Court of Australia in dismissing Alumina and Bauxite Company Ltd’s appeal i n Alumina and Bauxite Company Ltd v Queensland Alumina Ltd [2024] FCAFC 142 . 6. Civil Litigation and Arbitration 6.1 Force Majeure

CHAMBERS.COM