DEFENCE TRADE CONTROLS ACT 2012 - SECT 11 Permits for purposes of section 10
DEFENCE TRADE CONTROLS ACT 2012 - SECT 11
Permits for purposes of section 10(1) A person may apply to the Minister for a permit under this section to supply DSGL technology.
Note: Section 66 sets out application requirements.
(2) Without limiting subsection (1), an application by a person under that subsection may do one or more of the following:
(a) cover 2 or more supplies by the person;
(b) cover one or more supplies by the person for a period described in the application;
(c) cover one or more supplies by the person for a project described in the application.
Example 1: For paragraph (a)--an individual or a company applies for a permit to supply particular DSGL technology to various companies or to supply various DSGL technologies to one company.
Example 2: For paragraph (b)--an individual or a company applies for a permit to supply particular DSGL technology to one company for a 5 - year period.
Example 3: For paragraph (c)--an individual or a company applies for a permit to supply particular DSGL technology to various companies for a particular project.
(2A) An application by a person under subsection (1), that covers one or more supplies by the person for a project described in the application, may also cover one or more supplies by one or more other persons (each of whom is a project participant ) for that project.
(3) If a person makes an application under subsection (1) in accordance with section 66:
(a) the Minister must decide whether or not to give the person a permit for each supply, by the person, covered by the application; and
(b) if subsection (2A) applies--the Minister must decide whether or not to give each project participant a permit for each supply, by the participant, covered by the application.
(4) The Minister may give a person a permit for a specified supply if the Minister is satisfied that the supply would not prejudice the security, defence or international relations of Australia.
Note: Section 67 deals with giving permits under this Act.
(5) Without limiting subsection (4), a permit given by the Minister may do one or more of the following:
(b) cover one or more specified supplies for a period specified in, or worked out in accordance with, the permit;
(c) cover one or more specified supplies for a specified project.
(6) If the Minister refuses to give a person a permit for a supply covered by the application, the Minister must give the person notice of the refusal and the reasons for the refusal.
Note 1: Section 67 deals with giving notices under this Act.
Note 2: Section 68 deals with disclosing reasons for decisions.
(7) A permit given to a person is subject to any conditions specified in the permit.
Note: Section 12 deals with changing permit conditions.
(8) The Minister may, by writing, revoke a permit given to a person under this section.
(9) However, the Minister may revoke the permit only if the Minister is satisfied that any supply covered by the permit would prejudice the security, defence or international relations of Australia.
(10) The Minister must give the person notice of the revocation and the reasons for the revocation. The revocation takes effect at the time the person receives the notice.
Note 1: Section 67 deals with giving notices under this Act.
Note 2: Section 68 deals with disclosing reasons for decisions.