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DEFENCE TRADE CONTROLS ACT 2012 - SECT 16

Permits for purposes of section 15 or 15B

  (1)   A registered broker may apply to the Minister for a permit under this section to:

  (a)   arrange for another person to supply goods, where the goods are listed in the Defence and Strategic Goods List; or

  (b)   arrange for another person to supply DSGL technology.

Note:   Section   66 sets out application requirements.

  (2)   Without limiting subsection   (1), an application under that subsection may do one or more of the following:

  (a)   cover 2 or more arrangements;

  (b)   cover one or more arrangements, where the activity covered by each arrangement is for a period described in the application;

  (c)   cover one or more arrangements, where the activity covered by each arrangement is for a project described in the application.

Example 1:   For paragraph   (a)--a registered broker applies for a permit to arrange for company A to supply goods and to arrange for company B to supply DSGL technology.

Example 2:   For paragraph   (b)--a registered broker applies for a permit to arrange for company A to supply goods for a 3 - year period.

Example 3:   For paragraph   (c)--a registered broker applies for a permit to arrange for company A to supply goods for a particular project.

Minister's decision

  (3)   If a registered broker makes an application under subsection   (1) in accordance with section   66, the Minister must decide whether or not to give the broker a permit for each arrangement covered by the application.

  (4)   The Minister may give the broker a permit for a specified arrangement if the Minister is satisfied that the activity covered by the arrangement would not prejudice the security, defence or international relations of Australia.

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

  (5)   Without limiting subsection   (4), a permit given by the Minister may do one or more of the following:

  (a)   cover 2 or more arrangements;

  (b)   cover one or more specified arrangements, where the activity covered by each arrangement is for a period specified in, or worked out in accordance with, the permit;

  (c)   cover one or more specified arrangements, where the activity covered by each arrangement is for a specified project.

  (6)   If the Minister refuses to give the broker a permit for an arrangement covered by the application, the Minister must give the broker 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.

Permit conditions

  (7)   A permit given to a registered broker is subject to any conditions specified in the permit.

Note:   Section   17 deals with changing permit conditions.

Revoking a permit

  (8)   The Minister may, by writing, revoke a permit given to a registered broker under this section.

Note:   See also subsection   23(3) (about automatic revocation of a permit under this section upon cancellation of the broker's registration).

  (9)   However, the Minister may revoke the permit only if the Minister is satisfied that any activity covered by an arrangement authorised by the permit would prejudice the security, defence or international relations of Australia.

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

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

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


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