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DEFENCE TRADE CONTROLS ACT 2012 - SECT 14C

Secretary's notice prohibiting publication of DSGL technology

  (1)   If, on the basis of information that the Secretary is aware of, the Secretary considers that there may be grounds for the Minister to give a person a notice under subsection   14B(1), the Secretary may give the person a notice (the interim notice ) directing the person not to publish specified DSGL technology to the public or to a specified section of the public.

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

  (2)   The interim notice must set out the Secretary's reasons for giving the notice.

Note:   Section   68 deals with disclosing reasons for decisions.

  (3)   The interim notice comes into force at the time the person receives the notice.

  (4)   The interim notice ceases to be in force at whichever of the following times happens first:

  (a)   the time a notice under subsection   14B(1) comes into force in relation to the person and the DSGL technology that is the subject of the interim notice;

  (b)   the end of the period of 90 days beginning on the day that the interim notice comes into force;

  (c)   the time the person receives notice under subsection   (7) of this section that the interim notice is revoked.

Interim notice not a legislative instrument

  (5)   The interim notice is not a legislative instrument.

Revoking the interim notice

  (6)   The Secretary may, by writing, revoke the interim notice.

  (7)   The Secretary 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

  (8)   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 publication contravenes 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.

  (9)   Section   15.2 of the Criminal Code (extended geographical jurisdiction--category B) applies to an offence against subsection   (8).


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