Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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 .
(6) In this section:
(a) a vehicle, vessel or aircraft; and
(b) an area of water; and
(c) a fixed or floating structure or installation of any kind.