Commonwealth Consolidated Acts

DEFENCE TRADE CONTROLS ACT 2012 - SECT 10

  (1)   A person (the supplier ) commits an offence if:

  (a)   the supplier supplies DSGL technology to another person; and

  (b)   either:

  (i)   the supply is from a place in Australia to a place outside Australia; or

  (ii)   if the supply is the provision of access to DSGL technology--at the time of the provision of access, the supplier is in Australia and the other person is outside Australia; and

  (c)   either:

  (i)   the supplier does not hold a permit under section   11 authorising the supply; or

  (ii)   the supply contravenes a condition of a permit that the supplier holds under section   11; and

  (d)   there is no notice in force under subsection   14(1) in relation to the supplier and the supply.

Penalty:   Imprisonment for 10 years or 2,500 penalty units, or both.

Exceptions

  (1A)   Subsection   (1) does not apply if:

  (a)   the supply is not the provision of access to DSGL technology; and

  (b)   the supply is made orally; and

  (c)   the supply is neither for a military end - use nor for use in a Weapons of Mass Destruction program.

Note:   A defendant bears an evidential burden in relation to the matters in subsection   (1A): see subsection   13.3(3) of the Criminal Code .

  (2)   Subsection   (1) does not apply if:

  (a)   the supply is of DSGL technology in relation to original goods; and

  (b)   the supply is by an Australian Community member or by a member of the United States Community; and

  (c)   the supply is to an Australian Community member or a member of the United States Community; and

  (d)   the supply is for an activity referred to in Article 3(1)(a), (b), (c) or (d) of the Defense Trade Cooperation Treaty; and

  (e)   at the time of the supply, the original goods are listed in Part   1 of the Defense Trade Cooperation Munitions List; and

  (f)   at the time of the supply, the original goods are not listed in Part   2 of the Defense Trade Cooperation Munitions List.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (2): see subsection   13.3(3) of the Criminal Code .

  (3)   Subsection   (1) does not apply if:

  (a)   the DSGL technology is supplied by or to a person who is a member of the Australian Defence Force, an APS employee, an employee of ASIO, an employee of ASIS, an employee of ASD, a member or special member of the Australian Federal Police or a member of the police force of a State or Territory; and

  (b)   the supply occurs in the course of his or her duties as such a person.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (3): see subsection   13.3(3) of the Criminal Code .

  (3A)   Subsection   (1) does not apply if:

  (a)   the supply is of DSGL technology within the scope of Part   2 of the Defence and Strategic Goods List; and

  (b)   the supply is preparatory to the publication of the DSGL technology to the public or to a section of the public; and

  (c)   there is neither a notice in force under subsection   14B(1), nor a notice in force under subsection   14C(1), in relation to the supplier and the DSGL technology.

Note:   A defendant bears an evidential burden in relation to the matters in subsection   (3A): see subsection   13.3(3) of the Criminal Code .

  (4)   Subsection   (1) does not apply in the circumstances prescribed by the regulations for the purposes of this subsection.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (4): see subsection   13.3(3) of the Criminal Code .

Definition

  (6)   In this section:

"place" includes:

  (a)   a vehicle, vessel or aircraft; and

  (b)   an area of water; and

  (c)   a fixed or floating structure or installation of any kind.