Commonwealth Consolidated Acts Commonwealth Consolidated ActsOffence--brokering involving Part 1 of the Defence and Strategic Goods List
(1) A person (the first person ) commits an offence if:
(a) either:
(i) the first person arranges for another person to supply DSGL goods, where the DSGL goods are listed in Part 1 of the Defence and Strategic Goods List and the supply is, or is to be, from a place outside Australia to another place outside Australia; or
(ii) the first person arranges for another person to supply DSGL technology, where the DSGL technology is within the scope of Part 1 of the Defence and Strategic Goods List and the supply is, or is to be, from a place outside Australia to another place outside Australia; and
(aa) the supply is, or is to be, a relevant supply; and
(b) either:
(i) the first person does not hold a permit under section 16 authorising the arrangement; or
(ii) the arrangement contravenes a condition of a permit that the first person holds under section 16; and
(c) there is no notice in force under subsection 15A(1) in relation to the first person and the arrangement.
Penalty: Imprisonment for 10 years or 2,500 penalty units, or both.
Offence--brokering involving Part 2 of the Defence and Strategic Goods List and military - end use
(1A) A person (the first person ) commits an offence if:
(a) either:
(i) the first person arranges for another person to supply DSGL goods, where the DSGL goods are listed in Part 2 of the Defence and Strategic Goods List and the supply is, or is to be, from a place outside Australia to another place outside Australia; or
(ii) the first person arranges for another person to supply DSGL technology, where the DSGL technology is within the scope of Part 2 of the Defence and Strategic Goods List and the supply is, or is to be, from a place outside Australia to another place outside Australia; and
(b) the first person knows that, or is reckless or negligent as to whether, the DSGL goods or DSGL technology will or may be for a military end - use; and
(ba) the supply is, or is to be, a relevant supply; and
(c) either:
(i) the first person does not hold a permit under section 16 authorising the arrangement; or
(ii) the arrangement contravenes a condition of a permit that the first person holds under section 16.
Penalty: Imprisonment for 10 years or 2,500 penalty units, or both.
Exceptions
(2) Subsection (1) or (1A) does not apply if:
(a) the first person is a member of the Australian Defence Force, an APS employee, an employee of ASIO, an employee of ASIS, an employee of ASD, a member or special member of the Australian Federal Police or a member of the police force of a State or Territory; and
(b) he or she does the arranging in the course of his or her duties as such a person.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code .
(3) Subsection (1) or (1A) 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 (3): see subsection 13.3(3) of the Criminal Code .
(4) Subsection (1) or (1A) does not apply if:
(a) either:
(i) the first person arranges for the other person to supply the DSGL goods, or to supply the DSGL technology, where the supply is, or is to be, from a place in a foreign country; or
(ii) the first person does all of the arranging while the first person is in any foreign country; and
(c) that foreign country is specified in an instrument under subsection (4A).
Note: A defendant bears an evidential burden in relation to the matters in subsection (4): see subsection 13.3(3) of the Criminal Code .
(4A) The Minister may, by legislative instrument, specify foreign countries for the purposes of paragraph (4)(c).
(4AA) The Minister must not specify a foreign country in an instrument made under subsection (4A) unless:
(a) the foreign country is:
(i) a Participating State for the purposes of the Wassenaar Arrangement; and
(ii) a participant in the Australia Group; and
(iii) a partner in the Missile Technology Control Regime; and
(iv) a participant in the Nuclear Suppliers Group; or
(b) the Minister is satisfied that specifying the foreign country in the instrument is in the interests of Australia's national security, Australia's foreign relations or Australia's national economic well - being.
(4B) Subsection (1) or (1A) does not apply if the first person arranges for the other person to supply the DSGL goods, or to supply the DSGL technology, where the supply is, or is to be, under or in connection with a contract specified in an instrument under subsection (4C).
Note: A defendant bears an evidential burden in relation to the matter in subsection (4B): see subsection 13.3(3) of the Criminal Code .
(4C) The Minister may, by legislative instrument, specify contracts for the purposes of subsection (4B).
Offence--brokering involving Part 2 of the Defence and Strategic Goods List and Weapons of Mass Destruction program
(4D) A person (the first person ) commits an offence if:
(a) either:
(i) the first person arranges for another person to supply DSGL goods, where the DSGL goods are listed in Part 2 of the Defence and Strategic Goods List and the supply is, or is to be, from a place outside Australia to another place outside Australia; or
(ii) the first person arranges for another person to supply DSGL technology, where the DSGL technology is within the scope of Part 2 of the Defence and Strategic Goods List and the supply is, or is to be, from a place outside Australia to another place outside Australia; and
(b) the first person knows that, or is reckless or negligent as to whether, the DSGL goods or DSGL technology will or may be used in a Weapons of Mass Destruction program; and
(c) either:
(i) the first person does not hold a permit under section 16 authorising the arrangement; or
(ii) the arrangement contravenes a condition of a permit that the first person holds under section 16.
Penalty: Imprisonment for 10 years or 2,500 penalty units, or both.
Geographical jurisdiction
(5) Section 15.2 of the Criminal Code (extended geographical jurisdiction--category B) applies to an offence against subsection (1), (1A) or (4D).
(6) In this section:
"Australia Group" means the group of countries that form the Australia Group, whose first meeting occurred in Brussels in June 1985.
"Missile Technology Control Regime" means the group of countries that form the Missile Technology Control Regime, whose first meeting occurred in Rome in September 1988.
"Nuclear Suppliers Group" means the group of countries that form the Nuclear Suppliers Group, whose first meeting occurred in London in November 1975.
"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.
"Wassenaar Arrangement" means the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual - Use Goods and Technologies, adopted in Vienna, Austria, on 11 and 12 July 1996, as amended from time to time.