Australia's government needs to take steps to list the Islamic Revolutionary Guard Corps (IRGC) as a terrorist organisation and expand the list of individuals and entities targeted by Magnitsky sanctions, a Senate inquiry has found.
The Senate Foreign Affairs, Defence and Trade References Committee on Wednesday tabled its report into the human rights implications of recent violence in Iran, making 12 recommendations for action by the Australian government.
It suggested the government increase the intake of Iranians under various visa programs, "with a particular focus on women, girls and persecuted minorities seeking to escape the regime".
"Iranians in Australia on temporary visas who cannot safely return to Iran due to the current crisis and policies of the IRI should not be required to do so," the report said.
The committee also called on the Albanese government to use Magnitsky legislation to expand the list of individuals and entities subject to sanctions in response to human rights abuses in Iran.
But the Attorney-General's department has said it does not have the ability to designate the Iranian Revolutionary Guard Corps (IRGC) as a terrorist entity under Australia's Criminal Code.
In December, Foreign Minister Penny Wong announced some sanctions, and more again this week against those who "have engaged in, been responsible for, or been complicit in, serious violations or serious abuses of human rights in Iran". The committee has called for the government turn its focus to "senior officials responsible for violence, human rights abuses, arbitrary detention and executions without due process".
The inquiry's report said sanctions should also be used to target Islamic Republic of Iran and Islamic Revolutionary Guard Corps-affiliated individuals and entities responsible for "malicious cyber activity against Australia".
During the hearings, the inquiry heard evidence that the federal government could take action against Iranian diplomats connected with the recent executions of Iranian protesters, and cancel visas of any senior Islamic Republic officials or their families in Australia.
The inquiry's final report called on the government to "minimise relations with the Islamic Republic of Iran to the greatest extent possible in recognition of the appalling behaviour of the regime" and that "any Iranian officials in Australia considered to be involved in intimidation, threats, or monitoring of Australians be expelled".
The latest wave of protests were triggered by the death in custody of 22-year-old Mahsa Amini (Jina Amini) on September 16.
The Iranian uprising is seen as one of the most serious challenges to the Islamic Republic since the 1979 revolution.
'Regime will not listen to its people and will not reform'
The inquiry's report suggests the "unanimous view" of Iranians and Iranian Australians who have engaged with the inquiry is that the "regime will not listen to its people and will not reform".
Iranians from all walks of life remain steadfast in their call for political change, and they do so in full knowledge of the existential threat that challenging the authority of the Islamic Republic of Iran represents, the report said.
"Many have already lost their lives simply for protesting and asking for the same human rights that all of us should enjoy."
The report also recommends that the Australian government oppose the election of the Islamic Republic of Iran to any United Nations' bodies "in light of the regime's clear disregard for human rights, particularly the rights of women and girls".
It said the committee was "deeply concerned about credible allegations of intimidation and threats against Australian citizens, residents and their families".
It called on the Australian government to give an update to the public about its investigations in this area and that it relevant government departments and agencies be resourced "to quickly investigate and assess threats against Australians".
It recommended that "all reports of threats, intimidation, monitoring or surveillance by the Iranian community in Australia are followed up, recorded, assessed and reported to the lead coordination agency" and that this happen regardless of whether individual reports result in a criminal investigation.
It said doing so would "ensure that the government has a complete picture of foreign interference efforts".
It also called on relevant agencies report to parliament through the Joint Committee for Intelligence and Security on such activities and for the government to "seek to improve its policy framework to deter the practice of hostage diplomacy and increase transparency and public awareness of the regimes which engage in hostage diplomacy".
'Australia has a moral obligation to act'
Committee chair and shadow assistant minister for foreign affairs, Claire Chandler, said Australia has a moral obligation to take a strong stand against the regime's "abhorrent behaviour", but also an obligation to protect Australians against the "dangerous and threatening behaviour of the IRI regime".
"The evidence presented to the committee indicates that the IRI regime is carrying out gross human rights violations in Iran, particularly against women, girls, ethnic and religious minorities, and peaceful protesters," she said.
"Australia should be much more active in helping the international community to hold them accountable."
She said the regime was "a rogue state, responsible for acts of terrorism, cybercrime, acts of violence against its critics, hostage diplomacy and other abhorrent behaviour".
"Australia cannot and should not have any pretence of maintaining a business-as-usual diplomatic relationship with such a regime," she said.
The federal government had been slow to act and continued to lag behind other like-minded nations in applying sanctions and taking action, Senator Chandler said.
"The frustration of the diaspora community about this has come through very clearly in the evidence received by the committee," she said.
Foreign Minister Penny Wong has been contacted for comment.
Labor says it 'can't' list IRGC as a terrorist organisation
In a press conference before the release of the inquiry's report, Senator Wong was asked why Australia was not going to list the Revolutionary Guard in Iran as a terrorist organisation given the EU and the UK are both currently considering doing so.
Senator Wong, who faced criticism during the inquiry for not doing enough to support Iranian protesters, said Australia had already announced sanctions on a number of individuals working for the IRGC and IRGC linked entities.
Labor senators Raff Ciccone and Nita Green, in additional comments at the end of the inquiry's report, said "the Attorney-General's department is of the view that the IRGC, as an organ of a nation state, is not the kind of entity covered by the terrorist organisation provisions in the Criminal Code" and that there was evidence that "such designation is not legally possible under Australian law".
The senators added that they "do not agree that maintaining a diplomatic presence in Iran in any way constitutes an endorsement of the Iranian Government's conduct".
"Indeed, we note that the existence of such a presence has facilitated the Australian Government expressing its condemnation of actions taken by the Iranian government directly to Iranian representatives," the senators said.
While the Albanese government had tried to hold Iran's regime to account for "its violent response to protest actions", these "have little influence on the decision-making of the Iranian government".
Labor senators were "cautious of the wording contained within recommendation two", namely that responsible ministers should update the public about investigations underway into alleged threats and intimidation used by the regime against Australian-Iranians.
"Given such information typically contains elements with national security sensitivities, it is our view that it may not be appropriate for this information to be circulated in the public domain," the senators said.
But they said they supported the recommendation to ensure better resourcing to quickly investigate and assess threats against Australians.
