Commonwealth Consolidated Acts

DEFENCE TRADE CONTROLS ACT 2012 - SECT 15B

  (1)   The Minister may give a person a notice directing the person not to do either or both of the following without a permit under section   16:

  (a)   arrange for another person to supply specified DSGL goods listed in Part   2 of the Defence and Strategic Goods List from a place outside Australia to another place outside Australia;

  (b)   arrange for another person to supply specified DSGL technology within the scope of Part   2 of the Defence and Strategic Goods List from a place outside Australia to another place outside Australia.

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.

When notice comes into force

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

Notice not a legislative instrument

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

Revoking a notice

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

  (6)   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

  (7)   A person (the first person ) commits an offence if:

  (a)   either:

  (i)   the first person arranges for another person to supply DSGL goods, where the DSGL goods are listed in Part   2 of 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 DSGL technology is within the scope of Part   2 of the Defence and Strategic Goods List and 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 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.

Geographical jurisdiction

  (8)   Section   15.2 of the Criminal Code (extended geographical jurisdiction--category B) applies to an offence against subsection   (7).