Commonwealth Consolidated Acts

DEFENCE TRADE CONTROLS ACT 2012 - SECT 32

Dealings in US Defence Articles prior to authorisation

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

  (a)   the member supplies goods or supplies technology relating to goods; 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)   at the time of the supply, the following is listed in Part   2 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; and

  (d)   at the time of the supply, there is neither a licence or other authorisation granted by the Government of the United States of America, nor a notice under subsection   (4), in force in relation to the Australian Community member and in relation to:

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

  (ii)   if the supply is of incorporated goods--each of the original goods incorporated in the incorporated goods and listed as described in subparagraph   (c)(ii); or

  (iii)   if the supply is of technology relating to original goods--the technology.

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 commits an offence if:

  (a)   the member provides defence services in relation to goods or in relation to technology relating to goods; 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)   at the time of the provision of the defence services, the following is listed in Part   2 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; and

  (d)   at the time of the provision of the defence services, there is neither a licence or other authorisation granted by the Government of the United States of America, nor a notice under subsection   (4), in force in relation to the Australian Community member and in relation to:

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

  (ii)   if the defence services are provided in relation to incorporated goods--each of the original goods incorporated in the incorporated goods and listed as described in subparagraph   (c)(ii); or

  (iii)   if the defence services are provided in relation to technology relating to original goods--the technology.

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).

Control of US Defence Articles after authorisation

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

  (a)   the member has goods, or technology relating to goods, in the member's possession, custody or control; and

  (b)   the goods in the member's possession, custody or control are an Article 3(1) US Defence Article or an Article 3(3) US Defence Article or the technology in the member's possession, custody or control is technology relating to original goods; and

  (c)   the following is listed in Part   2 of the Defense Trade Cooperation Munitions List:

  (i)   if the goods in the member's possession, custody or control are original goods or the technology in the member's possession, custody or control is technology relating to original goods--the original goods;

  (ii)   if the goods in the member's possession, custody or control are incorporated goods--any of the original goods incorporated in the incorporated goods; and

  (d)   a notice under subsection   (4) is in force in relation to the Australian Community member and in relation to:

  (i)   if the goods in the member's possession, custody or control are original goods--the original goods; or

  (ii)   if the goods in the member's possession, custody or control are incorporated goods--any of the original goods incorporated in the incorporated goods; or

  (iii)   if the technology in the member's possession, custody or control is technology relating to original goods--the technology; and

  (e)   the Australian Community member contravenes a condition specified in the notice.

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).

Notices

  (4)   The Minister may give an Australian Community member a notice in relation to:

  (a)   specified goods; or

  (b)   specified technology relating to specified goods.

The notice may specify one or more conditions that apply in relation to the Australian Community member and the goods referred to in paragraph   (a) or the technology referred to in paragraph   (b).

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

Geographical jurisdiction

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

Notice not a legislative instrument

  (6)   A notice under subsection   (4) is not a legislative instrument.