Commonwealth Consolidated Acts

DEFENCE TRADE CONTROLS ACT 2012 - SECT 34

Suspension of approvals

  (1)   If under Division   2 the Minister suspends an approval given to a person under section   27, the Minister may give the person a notice directing the person to:

  (a)   take specified action; or

  (b)   refrain from taking specified action;

in relation to either or both of the following:

  (c)   Article 3(1) US Defence Articles or Article 3(3) US Defence Articles in the person's possession, custody or control at the time the suspension takes effect;

  (d)   technology relating to original goods, being technology in the person's possession, custody or control at the time the suspension takes effect.

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

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

  (3)   A notice given to a person under subsection   (1) ceases to be in force once the suspension ceases to have effect.

Cancellation of approvals

  (4)   If under Division   2 the Minister cancels an approval given to a person under section   27, the Minister may give the person a notice directing the person to:

  (a)   take specified action; or

  (b)   refrain from taking specified action;

in relation to either or both of the following:

  (c)   Article 3(1) US Defence Articles or Article 3(3) US Defence Articles in the person's possession, custody or control at the time the cancellation takes effect;

  (d)   technology relating to original goods, being technology in the person's possession, custody or control at the time the cancellation takes effect.

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

  (5)   A notice given to a person under subsection   (4) comes into force at the time the person receives the notice.

  (6)   The Minister may, by writing, revoke a notice given to a person under subsection   (4).

  (7)   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

  (8)   A person commits an offence if:

  (a)   a notice given to the person under subsection   (1) or (4) is in force; and

  (b)   the person fails to comply with the notice.

Penalty:   12,500 penalty units.

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

Notice not a legislative instrument

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