Commonwealth Consolidated Acts

DEFENCE TRADE CONTROLS ACT 2012 - SECT 28

Conditions of an approval

  (1)   An approval given to a person under section   27 is subject to:

  (a)   any conditions specified in the approval; and

  (b)   a condition that the person must allow an authorised officer, in accordance with section   41, to enter any premises referred to in that section for the purpose of finding out whether the person has complied with this Part or Part   6 or another condition of the approval; and

Note:   Part   4 sets out the monitoring powers that an authorised officer may exercise in relation to those premises.

  (c)   any conditions prescribed by the regulations in relation to:

  (i)   access to Article 3(1) US Defence Articles or Article 3(3) US Defence Articles in the person's possession, custody or control; or

  (ii)   access to technology relating to original goods, being technology in the person's possession, custody or control; and

  (d)   any conditions prescribed by the regulations in relation to:

  (i)   investigating or reporting the loss, theft or destruction of Article 3(1) US Defence Articles or Article 3(3) US Defence Articles in the person's possession, custody or control; or

  (ii)   investigating or reporting the loss, theft or destruction of technology relating to original goods, being technology in the person's possession, custody or control; and

  (e)   any conditions prescribed by the regulations in relation to:

  (i)   the marking, handling or storing of Article 3(1) US Defence Articles or Article 3(3) US Defence Articles in the person's possession, custody or control; or

  (ii)   the marking, handling or storing of technology relating to original goods, being technology in the person's possession, custody or control; and

  (f)   in relation to defence services provided by the person in relation to goods that are an Article 3(1) US Defence Article or an Article 3(3) US Defence Article or to technology relating to original goods--any conditions prescribed by the regulations in relation to the provision, by the person to the recipient of the services, of documentation:

  (i)   for defence services provided in relation to goods that are an Article 3(1) US Defence Article or an Article 3(3) US Defence Article--identifying the goods; or

  (ii)   for defence services provided in relation to technology relating to original goods--identifying the technology and the goods; and

  (g)   any conditions prescribed by the regulations in relation to the person giving reports relating to the person's compliance with this Act and the regulations; and

  (h)   any conditions prescribed by the regulations in relation to Australian Defence Articles (within the meaning of the regulations) in the person's possession, custody or control.

Changing approval conditions

  (2)   After giving the approval, the Minister may impose a new approval condition by giving the person notice of the condition. The notice must include the reasons for imposing the new condition.

  (3)   The Minister may remove or vary a condition of the approval imposed under paragraph   (1)(a) or subsection   (2) by giving the person notice of the removal or variation. For a variation of a condition, the notice must include the reasons for the variation.

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

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

Ordinary offence

  (4)   A person commits an offence if:

  (a)   the person is the holder of an approval under section   27; and

  (b)   the person does an act or omits to do an act; and

  (c)   the act or omission breaches a condition of the approval; and

  (d)   the condition is one covered by paragraph   (1)(c), (d), (e) or (f) of this section.

Penalty:   600 penalty units.

Strict liability offence

  (5)   A person commits an offence if:

  (a)   the person is the holder of an approval under section   27; and

  (b)   the person does an act or omits to do an act; and

  (c)   the act or omission breaches a condition of the approval.

Penalty:   300 penalty units.

  (6)   An offence against subsection   (5) is an offence of strict liability.

Note:   For strict liability, see section   6.1 of the Criminal Code .

Geographical jurisdiction

  (7)   Section   15.2 of the Criminal Code (extended geographical jurisdiction--category B) applies to an offence against subsection   (4) or (5).

Notice not a legislative instrument

  (8)   A notice under subsection   (2) or (3) is not a legislative instrument.