Commonwealth Consolidated Acts

DEFENCE TRADE CONTROLS ACT 2012 - SECT 14

  (1)   If the Minister reasonably believes that, if a person were to supply to another person particular DSGL technology in any circumstances or in particular circumstances, the supply would prejudice the security, defence or international relations of Australia, the Minister may give the person a notice:

  (a)   prohibiting the person from supplying that DSGL technology; or

  (b)   prohibiting the person from supplying that DSGL technology unless conditions specified in the notice are complied with.

Note:   Section   67 deals with giving notices under this Act.

  (2)   A notice given to a person under subsection   (1) must set out the Minister's reasons for giving the notice.

Note:   Section   68 deals with disclosing reasons for decisions.

Period notice in force

  (3)   A notice given to a person under subsection   (1) comes into force at the time the person receives the notice. This subsection is subject to subsection   (5).

  (4)   A notice given to a person under subsection   (1) remains in force for the period specified in, or worked out in accordance with, the notice (which must not be more than 12 months), unless revoked earlier.

Later notices

  (5)   A notice may be given to a person under subsection   (1) while an earlier notice given to the person under subsection   (1) is in force. The later notice may be expressed to come into force at the time the earlier notice ceases to be in force.

  (6)   Subsection   (5) does not prevent a notice being given to a person under subsection   (1) after an earlier notice given to the person under subsection   (1) ceases to be in force.

Notice not a legislative instrument

  (7)   A notice under subsection   (1) is not a legislative instrument.

Revoking a notice

  (8)   The Minister may, by writing, revoke a notice given to a person under subsection   (1).

  (9)   The Minister must give the person notice of the revocation. The revocation takes effect at the time the person receives the notice.

Note:   Section   67 deals with giving notices under this Act.

Offence

  (10)   A person commits an offence if:

  (a)   the person supplies DSGL technology; and

  (b)   the supply contravenes a notice, or a condition specified in a notice, that is in force under subsection   (1); and

  (c)   the person knows of the contravention.

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

  (11)   Section   15.2 of the Criminal Code (extended geographical jurisdiction--category B) applies to an offence against subsection   (10).