Commonwealth Consolidated Acts

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DEFENCE TRADE CONTROLS ACT 2012 - SECT 9A

Simplified outline of this Part

There are offences for persons who do the following not in accordance with a permit or approval:

  (a)   supply DSGL goods or DSGL technology;

  (b)   provide DSGL services outside Australia;

  (c)   arrange for other persons to supply DSGL goods or to supply DSGL technology;

  (d)   publish DSGL technology in Part   1 of the Defence and Strategic Goods List.

The offences regarding supplies deal with the following:

  (a)   supplies of DSGL technology from a person in Australia to a person outside Australia;

  (b)   supplies of DSGL technology from a person in Australia to a foreign person;

  (c)   supplies of DSGL goods that were, or DSGL technology that was, previously exported or supplied from Australia, from a foreign country to another foreign country or within the same foreign country.

Certain activities involving persons with a specified connection to Australia, the United Kingdom or the United States of America, and in some cases certain other countries, or activities involving arrangements between countries, are excluded from being covered by the offences.

The Minister may issue notices prohibiting persons from doing the following on grounds relating to the security, defence or international relations of Australia:

  (a)   supplying DSGL technology;

  (b)   publishing DSGL technology;

  (c)   arranging for other persons to supply DSGL goods or to supply DSGL technology.

The Secretary may issue interim prohibition notices for publishing DSGL technology.

There are offences for contravening a notice issued by the Minister or Secretary.

Chapter   2 of the Criminal Code applies to all offences against this Act.

Registered brokers are able to obtain permits to arrange for other persons to supply DSGL goods or to supply DSGL technology. There is a process for becoming a registered broker.



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