Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person who is a body corporate may apply to the Minister for approval as a member of the Australian Community referred to in Article 4(1)(c) of the Defense Trade Cooperation Treaty.
Note 1: Section 66 sets out application requirements.
Note 2: The offence in section 10 (about supplying DSGL technology) may not apply to the holder of an approval.
Minister's decision
(2) If a person makes an application under subsection (1) in accordance with section 66, the Minister must, in writing, approve, or refuse to approve, the person as a member of the Australian Community.
(3) In deciding whether to approve the person as a member of the Australian Community, the Minister must have regard to:
(a) whether the person has access to a facility that is included, or that is capable of being included, on a list, managed by the Department, of facilities accredited for storing and handling classified information and material; and
(b) any conviction of the person of:
(i) an offence against this Act or the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 ; or
(ii) an offence against the Customs Act 1901 or regulations made under that Act; or
(iii) an offence against the Arms Export Control Act of the United States of America (22 United States Code, Chapter 39) or the International Traffic in Arms Regulations (22 Code of Federal Regulations, Parts 120 - 130) made under that Act;
if that offence was committed within the 10 years immediately before the application for approval; and
(c) whether the person's holding of such an approval would prejudice the security, defence or international relations of Australia; and
(d) whether the application for approval contains information that is false or misleading; and
(e) the extent of any foreign ownership or control (whether direct or indirect) of the body corporate; and
(f) the following matters in relation to a manager of the body corporate:
(i) any conviction of the manager of an offence covered by paragraph (b);
(ii) whether the manager is an Australian citizen.
The Minister may have regard to any other matters that the Minister considers appropriate.
(4) The Minister must not approve the person as a member of the Australian Community unless the Minister is satisfied that the Government of the United States of America has agreed in writing to the approval being given.
(5) If the Minister approves the person as a member of the Australian Community, the Minister must give the person the approval.
Note 1: Section 67 deals with giving approvals under this Act.
Note 2: Section 28 deals with approval conditions.
(6) If the Minister refuses to approve the person as a member of the Australian Community, 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.
When approval begins
(7) If the Minister approves the person as a member of the Australian Community, the Minister must specify in the approval the day on which the approval begins.
Extended meaning of conviction
(8) A reference in this section to a person convicted of an offence includes a reference to a person in respect of whom an order has been made relating to the offence under:
(a) section 19B of the Crimes Act 1914 ; or
(b) a corresponding provision of a law of the United States of America.
Note: Section 19B of the Crimes Act 1914 empowers a court that has found a person to have committed an offence to take action without proceeding to record a conviction.
Approval not a legislative instrument
(9) An approval under this section is not a legislative instrument.