Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act:
"arranges" : see section 5A.
"Article 3(1) US Defence Article" has the meaning given by section 5.
Note: See also section 35 (about transition to the Defense Trade Cooperation Treaty).
"Article 3(3) US Defence Article" has the meaning given by section 5.
Note: See also section 35 (about transition to the Defense Trade Cooperation Treaty).
"ASD" means the Australian Signals Directorate.
"ASIO" means the Australian Security Intelligence Organisation.
"ASIS" means the Australian Secret Intelligence Service.
"Australia" , when used in a geographical sense, includes the external Territories.
"Australian Community facility" means a facility covered by Article 4(1)(a) of the Defense Trade Cooperation Treaty.
"Australian Community member" means:
(a) a body corporate that holds an approval under section 27; or
(b) a person covered by Article 4(1)(b) of the Defense Trade Cooperation Treaty; or
(c) a person:
(i) who is employed, or is engaged under a contract for services, by a body corporate that holds an approval under section 27; and
(ii) who satisfies the requirements prescribed by the regulations for the purposes of this subparagraph.
"Australian Military Sales Program item" means DSGL goods or DSGL technology specified in a determination in force under section 5AA.
"Australian person" means:
(a) the Commonwealth, a State or a Territory; or
(b) an authority of the Commonwealth, a State or a Territory; or
(c) an individual who is an Australian citizen; or
(d) an individual who is a permanent resident of Australia; or
(e) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory.
"authorised officer" means a person appointed as an authorised officer under section 39.
"constitutional DSGL services" : see subsection 5B(2).
"constitutional supply" : see subsection 5B(1).
"covered security clearance" means a security clearance that:
(a) is given:
(i) by the Australian Government Security Vetting Agency or by another Commonwealth agency that is authorised or approved by the Commonwealth to issue security clearances; or
(ii) by or on behalf of the Government of Canada, New Zealand, the United Kingdom or the United States of America, or an authority of any of those governments; and
(b) is of a kind prescribed by the regulations for the purposes of this definition.
"Defence and Strategic Goods List" means the document:
(a) formulated by the Minister, and published, as mentioned in paragraph 112(2A)(aa) of the Customs Act 1901 ; and
(b) known as the Defence and Strategic Goods List;
as amended by the Minister and in force from time to time.
"defence services" , in relation to goods or in relation to technology relating to goods, means the giving of assistance (including training) in relation to the design, development, engineering, manufacture, production, assembly, testing, repair, maintenance, modification, operation, demilitarisation, destruction, processing or use of the goods or technology.
"Defense Trade Cooperation Munitions List" means the document made under section 36, as amended by the Minister and in force from time to time.
"Defense Trade Cooperation Treaty" means the Treaty between the Government of Australia and the Government of the United States of America concerning Defense Trade Cooperation done at Sydney on 5 September 2007, as amended from time to time.
Note: In 2012, the text of the Treaty was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
"DSGL goods" means goods within the scope of the Defence and Strategic Goods List, but does not include goods constituting technology, as defined in that list, that has been produced in the course of, or for the purposes of, fundamental research.
"DSGL services" means the giving of assistance (including training) in relation to the design, development, engineering, manufacture, production, assembly, testing, repair, maintenance, modification, operation, demilitarisation, destruction, processing or use of DSGL goods that are, or DSGL technology that is, within the scope of Part 1 of the Defence and Strategic Goods List.
"DSGL technology" means a thing that:
(a) either:
(i) is technology, as defined in the Defence and Strategic Goods List, not including such technology that has been produced in the course of, or for the purposes of, fundamental research; or
(ii) is software, as defined in that list; and
(b) is within the scope of that list.
"foreign person" means a person other than an Australian person.
"fundamental research" means basic or applied research conducted in circumstances where the results of the research:
(a) are intended for public disclosure, or would ordinarily be published or shared broadly; and
(b) are not subject to any restrictions on disclosure (however imposed) for purposes connected with the security or defence of Australia or any foreign country.
"goods" has the same meaning as in the Customs Act 1901 .
"Implementing Arrangements" means the Implementing Arrangements (having effect from time to time) referred to in Article 14 of the Defense Trade Cooperation Treaty.
Note: In 2012, the text of the Implementing Arrangements was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
"incorporated goods" has the meaning given by section 5.
"manager" of a body corporate means an individual who makes, or participates in making, decisions that affect the whole, or a substantial part, of the body's affairs.
"member of the United States Community" means a person or body covered by Article 5(1) or (2) of the Defense Trade Cooperation Treaty.
"military end-use" : goods or DSGL technology is or may be for a military end - use if the goods or DSGL technology is or may be for use in relation to operations, exercises or other activities conducted by an armed force or an armed group, whether or not the armed force or armed group forms part of the armed forces of the government of a foreign country.
"monitoring powers" has the meaning given by section 42.
"non-cash benefit" means property or services in any form other than money.
"offence against this Act" includes the following:
(a) an offence against section 6 of the Crimes Act 1914 that relates to this Act;
(b) an offence against section 11.1, 11.4 or 11.5 of the Criminal Code that relates to this Act;
(c) an offence that is taken to have been committed because of section 11.2, 11.2A or 11.3 of the Criminal Code and that relates to this Act.
"original goods" has the meaning given by section 5.
"permanent resident of Australia" means a person who is a permanent resident within the meaning of the Australian Citizenship Act 2007 .
"person assisting" an authorised officer has the meaning given by section 50.
"premises" includes the following:
(a) a structure, building, caravan, vehicle, vessel or aircraft;
(b) a place (whether or not enclosed or built on);
(c) a part of a thing referred to in paragraph (a) or (b).
"publish" means publish on the internet or otherwise.
"registered broker" means a person in respect of whom a registration is in force under Division 3 of Part 2.
"relevant DSGL services" : see subsection 5C(2).
"relevant supply" : see subsection 5C(1).
"Secretary" means the Secretary of the Department.
"supply" :
(a) includes supply by way of sale, exchange, gift, lease, hire or hire - purchase; and
(b) in relation to DSGL technology--includes provide access to DSGL technology.
"technology" relating to goods means:
(a) information relating to the design, development, production, manufacture, assembly, operation, repair, testing, maintenance or modification of the goods (including information in the form of blueprints, drawings, photographs, plans, instructions, specifications, algorithms or documentation); or
(b) software relating to the goods;
other than information specified in an instrument under subsection (2).
"Weapons of Mass Destruction program" means a plan or program for the development, production, acquisition or stockpiling of nuclear, biological or chemical weapons or missiles capable of delivering such weapons.
(2) The Minister may, by legislative instrument, specify information for the purposes of the definition of technology in subsection (1).