Commonwealth Consolidated Acts

DEFENCE TRADE CONTROLS ACT 2012 - SECT 14A

  (1)   A person commits an offence if:

  (a)   the person publishes DSGL technology to the public or to a section of the public; and

  (b)   the DSGL technology is within the scope of Part   1 of the Defence and Strategic Goods List; and

  (c)   either:

  (i)   the person does not hold an approval under this section authorising the publication; or

  (ii)   the publication contravenes a condition of an approval that the person holds under this section; and

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

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

Exception

  (2)   Subsection   (1) does not apply if the DSGL technology has already been lawfully made available to the public or to the section of the public.

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

Approvals

  (3)   A person may apply to the Minister for an approval under this section to publish DSGL technology to the public or a section of the public.

Note:   Section   66 sets out application requirements.

  (4)   If a person makes an application under subsection   (3) in accordance with section   66, the Minister must decide whether or not to give the person an approval.

  (5)   The Minister may give the person the approval sought if the Minister is satisfied that the publication of the DSGL technology covered by the application would not prejudice the security, defence or international relations of Australia.

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

  (6)   If the Minister refuses to give the person the approval sought, the Minister must give the person notice of the refusal and the reasons for the refusal.

Note 1:   Section   67 deals with giving notices under this Act.

Note 2:   Section   68 deals with disclosing reasons for decisions.

Approval conditions

  (7)   An approval given to a person is subject to any conditions specified in the approval.

Revoking an approval

  (8)   The Minister may, by writing, revoke an approval given to a person under this section.

  (9)   However, the Minister may revoke the approval only if the Minister is satisfied that any publication of the DSGL technology covered by the approval would prejudice the security, defence or international relations of Australia.

  (10)   The Minister must give the person notice of the revocation and the reasons for the revocation. The revocation takes effect at the time the person receives the notice.

Note 1:   Section   67 deals with giving notices under this Act.

Note 2:   Section   68 deals with disclosing reasons for decisions.

Geographical jurisdiction

  (11)   Section   15.2 of the Criminal Code (extended geographical jurisdiction--category B) applies to an offence against subsection   (1).

Approval not a legislative instrument

  (12)   An approval under this section is not a legislative instrument.