Commonwealth Consolidated Acts

DEFENCE TRADE CONTROLS ACT 2012 - SECT 31

Dealings outside Australia and the USA

  (1)   An Australian Community member (the supplier ) commits an offence if:

  (a)   the supplier supplies goods, or supplies technology relating to goods, where the supply is to a place that is outside Australia and is outside the United States of America; and

  (b)   the supply is of goods that are an Article 3(1) US Defence Article or an Article 3(3) US Defence Article or the supply is of technology relating to original goods; and

  (c)   there is no notice in force under subsection   (8) in relation to the supplier and the supply; and

  (d)   at the time of the supply, the following is listed in Part   1 of the Defense Trade Cooperation Munitions List:

  (i)   if the supply is of original goods or is of technology relating to original goods--the original goods;

  (ii)   if the supply is of incorporated goods--any of the original goods incorporated in the incorporated goods.

Penalty:   Imprisonment for 10 years or 2,500 penalty units, or both.

Note:   See also section   35 (about transition to the Defense Trade Cooperation Treaty).

  (2)   An Australian Community member (the provider ) commits an offence if:

  (a)   the provider provides defence services in relation to goods or in relation to technology relating to goods, where the defence services are received at a place that is outside Australia and is outside the United States of America; and

  (b)   the defence services are provided in relation to goods that are an Article 3(1) US Defence Article or an Article 3(3) US Defence Article or the defence services are provided in relation to technology relating to original goods; and

  (c)   there is no notice in force under subsection   (8) in relation to the provider and the provision of the defence services; and

  (d)   at the time of the provision of the defence services, the following is listed in Part   1 of the Defense Trade Cooperation Munitions List:

  (i)   if the defence services are provided in relation to original goods or in relation to technology relating to original goods--the original goods;

  (ii)   if the defence services are provided in relation to incorporated goods--any of the original goods incorporated in the incorporated goods.

Penalty:   Imprisonment for 10 years or 2,500 penalty units, or both.

Note:   See also section   35 (about transition to the Defense Trade Cooperation Treaty).

Dealings in Australia or the USA outside the Treaty framework

  (3)   An Australian Community member (the supplier ) commits an offence if:

  (a)   the supplier supplies goods, or supplies technology relating to goods, where the supply is to a place in Australia or in the United States of America; and

  (b)   the supply is of goods that are an Article 3(1) US Defence Article or an Article 3(3) US Defence Article or the supply is of technology relating to original goods; and

  (c)   the supply is to none of the following:

  (i)   the Commonwealth;

  (ii)   an Australian Community member;

  (iii)   an Australian Community facility;

  (iv)   a member of the United States Community; and

  (d)   there is no notice in force under subsection   (8) in relation to the supplier and the supply; and

  (e)   at the time of the supply, the following is listed in Part   1 of the Defense Trade Cooperation Munitions List:

  (i)   if the supply is of original goods or is of technology relating to original goods--the original goods;

  (ii)   if the supply is of incorporated goods--any of the original goods incorporated in the incorporated goods.

Penalty:   Imprisonment for 10 years or 2,500 penalty units, or both.

Note:   See also section   35 (about transition to the Defense Trade Cooperation Treaty).

  (4)   An Australian Community member (the provider ) commits an offence if:

  (a)   the provider provides defence services in relation to goods or in relation to technology relating to goods, where the defence services are received at a place in Australia or in the United States of America; and

  (b)   the defence services are provided in relation to goods that are an Article 3(1) US Defence Article or an Article 3(3) US Defence Article or the defence services are provided in relation to technology relating to original goods; and

  (c)   the provision of the defence services is to none of the following:

  (i)   the Commonwealth;

  (ii)   an Australian Community member;

  (iii)   a member of the United States Community; and

  (d)   there is no notice in force under subsection   (8) in relation to the provider and the provision of the defence services; and

  (e)   at the time of the provision of the defence services, the following is listed in Part   1 of the Defense Trade Cooperation Munitions List:

  (i)   if the defence services are provided in relation to original goods or in relation to technology relating to original goods--the original goods;

  (ii)   if the defence services are provided in relation to incorporated goods--any of the original goods incorporated in the incorporated goods.

Penalty:   Imprisonment for 10 years or 2,500 penalty units, or both.

Note:   See also section   35 (about transition to the Defense Trade Cooperation Treaty).

Dealings in Australia or the USA within the Treaty framework

  (5)   An Australian Community member (the supplier ) commits an offence if:

  (a)   the supplier supplies goods, or supplies technology relating to goods, where the supply is to:

  (i)   a place in Australia or in the United States of America; and

  (ii)   the Commonwealth, an Australian Community member, an Australian Community facility or a member of the United States Community; and

  (b)   the supply is of goods that are an Article 3(1) US Defence Article or an Article 3(3) US Defence Article or the supply is of technology relating to original goods; and

  (c)   neither of the following apply:

  (i)   the supply is for an activity referred to in Article 3(1)(a), (b) or (c) of the Defense Trade Cooperation Treaty, being an activity that is publicly identified in accordance with paragraph   (5) of Section   2 of the Implementing Arrangements;

  (ii)   the supply is for an activity referred to in Article 3(1)(d) of the Defense Trade Cooperation Treaty, being an activity that is open to participation by Australian Community members as mentioned in paragraph   (1)(b) of Section   3 of the Implementing Arrangements; and

  (d)   there is no notice in force under subsection   (8) in relation to the supplier and the supply; and

  (e)   at the time of the supply, the following is listed in Part   1 of the Defense Trade Cooperation Munitions List:

  (i)   if the supply is of original goods or is of technology relating to original goods--the original goods;

  (ii)   if the supply is of incorporated goods--any of the original goods incorporated in the incorporated goods.

Penalty:   Imprisonment for 10 years or 2,500 penalty units, or both.

Note:   See also section   35 (about transition to the Defense Trade Cooperation Treaty).

  (6)   An Australian Community member (the provider ) commits an offence if:

  (a)   the provider provides defence services in relation to goods or in relation to technology relating to goods, where the defence services are received:

  (i)   at a place in Australia or in the United States of America; and

  (ii)   by the Commonwealth, an Australian Community member or a member of the United States Community; and

  (b)   the defence services are provided in relation to goods that are an Article 3(1) US Defence Article or an Article 3(3) US Defence Article or the defence services are provided in relation to technology relating to original goods; and

  (c)   neither of the following apply:

  (i)   the defence services are for an activity referred to in Article 3(1)(a), (b) or (c) of the Defense Trade Cooperation Treaty, being an activity that is publicly identified in accordance with paragraph   (5) of Section   2 of the Implementing Arrangements;

  (ii)   the defence services are for an activity referred to in Article 3(1)(d) of the Defense Trade Cooperation Treaty, being an activity that is open to participation by Australian Community members as mentioned in paragraph   (1)(b) of Section   3 of the Implementing Arrangements; and

  (d)   there is no notice in force under subsection   (8) in relation to the provider and the provision of the defence services; and

  (e)   at the time of the provision of the defence services, the following is listed in Part   1 of the Defense Trade Cooperation Munitions List:

  (i)   if the defence services are provided in relation to original goods or in relation to technology relating to original goods--the original goods;

  (ii)   if the defence services are provided in relation to incorporated goods--any of the original goods incorporated in the incorporated goods.

Penalty:   Imprisonment for 10 years or 2,500 penalty units, or both.

Note:   See also section   35 (about transition to the Defense Trade Cooperation Treaty).

Exception--regulations

  (7)   Subsection   (1), (2), (3), (4), (5) or (6) does not apply in the circumstances prescribed by the regulations for the purposes of this subsection.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (7): see subsection   13.3(3) of the Criminal Code .

Notice approving supply or provision of defence services

  (8)   The Minister may, by notice given to an Australian Community member, approve one or more supplies, or approve the provision of one or more defence services, specified in the notice.

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

Geographical jurisdiction

  (9)   Section   15.4 of the Criminal Code (extended geographical jurisdiction--category D) applies to an offence against this section.

Notice not a legislative instrument

  (10)   A notice under subsection   (8) is not a legislative instrument.

Definition

  (11)   In this section:

"place" includes:

  (a)   a vehicle, vessel or aircraft; and

  (b)   an area of water; and

  (c)   a fixed or floating structure or installation of any kind.