Commonwealth Consolidated Acts

DEFENCE TRADE CONTROLS ACT 2012 - SECT 15A

  (1)   If the Minister reasonably believes that, if:

  (a)   a person (the first person ) were to arrange for another person to supply particular goods listed in the Defence and Strategic Goods List from a place outside Australia to another place outside Australia; or

  (b)   a person (the first person ) were to arrange for another person to supply particular DSGL technology from a place outside Australia to another place outside Australia;

the supply would prejudice the security, defence or international relations of Australia, the Minister may give the first person a notice:

  (c)   prohibiting the first person from making that arrangement; or

  (d)   prohibiting the first person from making that arrangement unless conditions specified in the notice are complied with.

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

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

  (4)   A notice given to the first 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 the first person under subsection   (1) while an earlier notice given to the first 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 the first person under subsection   (1) after an earlier notice given to the first 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 the first person under subsection   (1).

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

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

Offence

  (10)   The first person commits an offence if:

  (a)   either:

  (i)   the first person arranges for another person to supply goods, where the goods are listed in the Defence and Strategic Goods List and the supply is, or is to be, from a place outside Australia to another place outside Australia; or

  (ii)   the first person arranges for another person to supply DSGL technology, where the supply is, or is to be, from a place outside Australia to another place outside Australia; and

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

  (c)   the first 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).