DEFENCE TRADE CONTROLS ACT 2012 (NO. 153, 2012) - SECT 10 Offence--supply of DSGL technology

DEFENCE TRADE CONTROLS ACT 2012 (NO. 153, 2012) - SECT 10

             (1)  A person (the supplier ) commits an offence if:

                     (a)  the supplier supplies DSGL technology to another person; and

                     (b)  either:

                              (i)  the supply is from a place in Australia to a place outside Australia; or

                             (ii)  if the supply is the provision of access to DSGL technology--at the time of the provision of access, the supplier is in Australia and the other person is outside Australia; and

                     (c)  either:

                              (i)  the supplier does not hold a permit under section 11 authorising the supply of the DSGL technology; or

                             (ii)  the supply of the DSGL technology contravenes a condition of a permit that the supplier holds under section 11; and

                     (d)  there is no notice in force under subsection 14(1) in relation to the supplier and the supply.

Penalty:  Imprisonment for 10 years or 2,500 penalty units, or both.

Exceptions

             (2)  Subsection (1) does not apply if:

                     (a)  the supply is of DSGL technology in relation to original goods; and

                     (b)  the supply is by an Australian Community member or by a member of the United States Community; and

                     (c)  the supply is to an Australian Community member or a member of the United States Community; and

                     (d)  the supply is for an activity referred to in Article 3(1)(a), (b), (c) or (d) of the Defense Trade Cooperation Treaty; and

                     (e)  at the time of the supply, the original goods are listed in Part 1 of the Defense Trade Cooperation Munitions List; and

                      (f)  at the time of the supply, the original goods are not listed in Part 2 of the Defense Trade Cooperation Munitions List.

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) does not apply if:

                     (a)  the DSGL technology is supplied by a person who is a member of the Australian Defence Force, an APS employee, 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 supplies the DSGL technology 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 (3): see subsection 13.3(3) of the Criminal Code .

             (4)  Subsection (1) 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 (4): see subsection 13.3(3) of the Criminal Code .

Geographical jurisdiction

             (5)  Section 15.2 of the Criminal Code (extended geographical jurisdiction--category B) applies to an offence against subsection (1).

Definition

             (6)  In this section:

"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.