the supplier supplies DSGL technology to another person; and

either:

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

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

the supply is a constitutional supply; and

the supply is a relevant supply; and

either:

the supplier does not hold a permit under section 11 authorising the supply; or

the supply contravenes a condition of a permit that the supplier holds under section 11; and

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

Absolute liability

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

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

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

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

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

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

the DSGL technology is supplied by or on behalf of a person or body to an officer or employee of the person or body; and

the officer or employee is:

an Australian citizen or permanent resident of Australia; or

a citizen or permanent resident of a foreign country that is specified in an instrument under subsection 15(4A); and

the supply occurs in the course of the officer or employee’s duties as an officer or employee.

the DSGL technology is supplied by or to a person who 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

the supply occurs in the course of the person’s duties as such a person; and

the DSGL technology is not:

an Australian Military Sales Program item; or

specified in a determination in force under subsection 5C(3); or

prescribed by the regulations for the purposes of this subparagraph.

the DSGL technology is supplied to a person who holds a covered security clearance; and

the DSGL technology is not:

an Australian Military Sales Program item; or

specified in a determination in force under subsection 5C(3); or

prescribed by the regulations for the purposes of this subparagraph.

a vehicle, vessel or aircraft; and

an area of water; and

a fixed or floating structure or installation of any kind.

the supplier supplies DSGL technology to another person; and

the other person is a foreign person; and

the supply is a constitutional supply; and

the supply is a relevant supply; and

any of the following applies:

the place from which the supply is made and the place to which the supply is made are both in Australia;

the supply occurs wholly at a place in Australia;

if the supply is the provision of access to DSGL technology—at the time of the provision of access, both the supplier and the other person are in Australia; and

either:

the supplier does not hold a permit under section 11 authorising the supply; or

the supply contravenes a condition of a permit that the supplier holds under section 11; and

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

Absolute liability

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

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

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

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

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

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

the DSGL technology is supplied by or to a person who 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

the supply occurs in the course of the person’s duties as such a person; and

the DSGL technology is not:

an Australian Military Sales Program item; or

specified in a determination in force under subsection 5C(3); or

prescribed by the regulations for the purposes of this subparagraph.

the DSGL technology is supplied to a person who holds a covered security clearance; and

the DSGL technology is not:

an Australian Military Sales Program item; or

specified in a determination in force under subsection 5C(3); or

prescribed by the regulations for the purposes of this subparagraph.

the DSGL technology is supplied to a person who is producing, or is to produce, one or more components of DSGL goods; and

the supply is made in connection with the production of the components; and

any requirements prescribed by the regulations for the purposes of this paragraph are satisfied.

a vehicle, vessel or aircraft; and

an area of water; and

a fixed or floating structure or installation of any kind.

(a) the supplier supplies (the current supply) DSGL goods, other than firearms, or DSGL technology to another person; and

the DSGL goods or DSGL technology is within the scope of:

Part 1 of the Defence and Strategic Goods List; or

the Sensitive List of Dual-use Goods and Technologies in Part 2 of the Defence and Strategic Goods List; or

the Very Sensitive List of Dual-use Goods and Technologies in Part 2 of the Defence and Strategic Goods List; and

the current supply is a constitutional supply; and

the current supply is a relevant supply; and

any of the following applies:

the current supply occurs wholly at a place outside Australia;

the current supply is from a place outside Australia and is to a place outside Australia;

if the current supply is the provision of access to DSGL technology—at the time of the provision of access, the supplier is outside Australia and the other person is outside Australia; and

(e) the supplier obtained the DSGL goods or DSGL technology as a direct or indirect result of the export or supply (the earlier export or supply) of the DSGL goods or DSGL technology:

from a place in Australia to a place outside Australia; or

if the earlier export or supply was the provision of access to DSGL technology—in circumstances where, at the time of the provision of access, the person providing access was in Australia and the person to whom access was provided was outside Australia; and

either of the following (whether or not obtained) was required in relation to the earlier export or supply:

(i) permission (however described) under regulations made under the Customs Act 1901;

a permit given under section 11 of this Act; and

either:

the supplier does not hold a permit under section 11 authorising the current supply; or

the current supply contravenes a condition of a permit that the supplier holds under section 11; and

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

Application to supplies to employees etc.

the current supply is of:

goods that are an Article 3(1) US Defence Article; or

goods that are an Article 3(3) US Defence Article; or

DSGL technology in relation to original goods; and

the current supply is by an Australian Community member or by a member of the United States Community; and

the current supply is to an Australian Community member or a member of the United States Community; and

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

at the time of the current supply, the following are listed in Part 1 of the Defense Trade Cooperation Munitions List:

if the supply is of original goods or DSGL technology in relation to original goods—the original goods;

if the supply is of incorporated goods—any of the original goods incorporated in the incorporated goods; and

at the time of the current supply, the following are not listed in Part 2 of the Defense Trade Cooperation Munitions List:

if the supply is of original goods or DSGL technology in relation to original goods—the original goods;

if the supply is of incorporated goods—any of the original goods incorporated in the incorporated goods.

the DSGL goods or DSGL technology is supplied by or on behalf of a person or body to an officer or employee of the person or body; and

the officer or employee is:

an Australian citizen or permanent resident of Australia; or

a citizen or permanent resident of a foreign country that is specified in an instrument under subsection 15(4A); and

the supply occurs in the course of the officer or employee’s duties as an officer or employee.

the DSGL goods or DSGL technology is supplied by or to a person who 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

the supply occurs in the course of the person’s duties as such a person; and

the DSGL goods or DSGL technology is not:

an Australian Military Sales Program item; or

specified in a determination in force under subsection 5C(3); or

prescribed by the regulations for the purposes of this subparagraph.

the DSGL goods or DSGL technology is supplied to a person who holds a covered security clearance; and

the DSGL goods or DSGL technology is not:

an Australian Military Sales Program item; or

specified in a determination in force under subsection 5C(3); or

prescribed by the regulations for the purposes of this subparagraph.

the DSGL goods or DSGL technology is within the scope of:

the Sensitive List of Dual-use Goods and Technologies in Part 2 of the Defence and Strategic Goods List; or

the Very Sensitive List of Dual-use Goods and Technologies in Part 2 of the Defence and Strategic Goods List; and

any of the following applies:

the current supply occurs wholly at a place in a foreign country that is specified in an instrument under subsection 15(4A);

the current supply is from or to a place in a foreign country that is specified in an instrument under subsection 15(4A);

if the current supply is the provision of access to DSGL technology—at the time of the provision of access, the supplier or the other person mentioned in paragraph (1)(a) is in a foreign country that is specified in an instrument under subsection 15(4A).

the earlier export or supply was made in accordance with a permission or permit mentioned in paragraph (1)(f); and

the permission or permit was granted before the commencement of this section.

a vehicle, vessel or aircraft; and

an area of water; and

a fixed or floating structure or installation of any kind.

the provider provides DSGL services to another person; and

the other person is a foreign person; and

the DSGL services are constitutional DSGL services; and

the DSGL services are relevant DSGL services; and

the provider is an Australian person; and

the provider provides the DSGL services at or from a place outside Australia; and

the other person receives the DSGL services at a place outside Australia; and

either:

the provider does not hold a permit under section 11 authorising the provision of the DSGL services; or

the provision of the DSGL services contravenes a condition of a permit that the provider holds under section 11; and

there is no notice in force under subsection 14(1) in relation to the provider and the provision of the DSGL services.

Absolute liability

(a) the DSGL services are provided by a person in circumstances where a foreign work authorisation (within the meaning of Defence Act 1903) that is in force authorises the person to perform work for, or on behalf of:Part IXAA of the

a military organisation (within the meaning of that Part) of a foreign country; or

a government body (within the meaning of that Part) of a foreign country; and

the person provides the DSGL services in the course of performing the work authorised by the foreign work authorisation.

(a) the DSGL services are provided by a person in circumstances where a foreign work authorisation (within the meaning of Defence Act 1903) that is in force authorises the person to provide training to:Part IXAA of the

a military organisation (within the meaning of that Part) of a foreign country; or

a government body (within the meaning of that Part) of a foreign country; and

the DSGL services provided solely consist of the training that is authorised by the foreign work authorisation.

the DSGL services are provided in relation to:

goods that are an Article 3(1) US Defence Article; or

goods that are an Article 3(3) US Defence Article; or

DSGL technology in relation to original goods; and

the DSGL services are provided by an Australian Community member or by a member of the United States Community; and

the DSGL services are provided to an Australian Community member or a member of the United States Community; and

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

at the time of the provision of the DSGL services, the following are listed in Part 1 of the Defense Trade Cooperation Munitions List:

if the DSGL services are provided in relation to original goods or DSGL technology in relation to original goods—the original goods;

if the DSGL services are provided in relation to incorporated goods—any of the original goods incorporated in the incorporated goods; and

at the time of the provision of the DSGL services, the following are not listed in Part 2 of the Defense Trade Cooperation Munitions List:

if the DSGL services are provided in relation to original goods or DSGL technology in relation to original goods—the original goods;

if the DSGL services are provided in relation to incorporated goods—any of the original goods incorporated in the incorporated goods.

the DSGL services are provided by or on behalf of a person or body to an officer or employee of the person or body; and

the officer or employee is a citizen or permanent resident of a foreign country that is specified in an instrument under subsection 15(4A); and

the provision of the DSGL services occurs in the course of the officer or employee’s duties as an officer or employee.

the DSGL services are provided in support of a lawful supply of DSGL goods or DSGL technology; and

the DSGL services solely consist of training with respect to, or the performance of, maintenance relating to the DSGL goods or DSGL technology; and

the maintenance covered by the training, or which is performed, is limited to inspection, testing, calibration or repair (including overhaul, reconditioning and one-to-one replacement of any defective items, parts or components); and

the maintenance covered by the training, or which is performed, does not include any modification, enhancement, upgrade or other form of alteration or improvement that:

enhances the performance or capability of the DSGL goods or DSGL technology; and

is not only an alteration or improvement in relation to the reliability or maintainability of the DSGL goods or DSGL technology.

the DSGL services are provided by or to a person who 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

the provision of the DSGL services occurs in the course of the person’s duties as such a person; and

the DSGL services are not provided in relation to DSGL goods or DSGL technology that is:

an Australian Military Sales Program item; or

specified in a determination in force under subsection 5C(3); or

prescribed by the regulations for the purposes of this subparagraph.

the DSGL services are provided to a person who holds a covered security clearance; and

the DSGL services are not provided in relation to DSGL goods or DSGL technology that is:

an Australian Military Sales Program item; or

specified in a determination in force under subsection 5C(3); or

prescribed by the regulations for the purposes of this subparagraph.

the DSGL services are provided in connection with a lawful supply of DSGL goods or DSGL technology that occurred before the commencement of this section; and

the DSGL services are provided under a contract, agreement or arrangement entered into before the commencement of this section.

a vehicle, vessel or aircraft; and

an area of water; and

a fixed or floating structure or installation of any kind.

a constitutional supply of DSGL goods; or

a constitutional supply of DSGL technology; or

the provision of constitutional DSGL services.

cover 2 or more activities by the person;

cover one or more activities by the person for a period described in the application;

cover one or more activities by the person for one or more projects described in the application.

the Minister must decide whether or not to give the person a permit for each activity, by the person, covered by the application; and

if subsection (2A) of this section applies—the Minister must decide whether or not to give each project participant a permit for each activity, by the participant, covered by the application.

cover 2 or more activities;

cover one or more specified activities for a period specified in, or worked out in accordance with, the permit;

cover one or more specified activities for one or more specified projects.

promoting compliance with this Act, whether by the person to whom the permit is given or any other person; or

managing risks associated with persons contravening this Act.

sections 12 (changing permit conditions) and 13 (breaching permit conditions); and

any other provision of this Act to the extent it relates to those sections.

the person is the holder of a permit under section 11; and

the person does an act or omits to do an act; and

the act or omission breaches a condition of the permit.

prohibiting the person from doing the activity; or

prohibiting the person from doing the activity unless conditions specified in the notice are complied with.

a constitutional supply of particular DSGL goods at or from a place outside Australia to a foreign person;

a constitutional supply to another person of particular DSGL technology;

the provision of particular constitutional DSGL services.

the activity would be done by or on behalf of an Australian person; or

the activity would relate to DSGL goods or DSGL technology in circumstances where the DSGL goods or DSGL technology would have been obtained as a direct or indirect result of the export or supply of the DSGL goods or DSGL technology:

from a place in Australia to a place outside Australia; or

if that supply were the provision of access to DSGL technology—in circumstances where, at the time of the provision of access, the person providing access was in Australia and the person to whom access was provided was outside Australia.

the person:

supplies DSGL goods; or

supplies DSGL technology; or

provides DSGL services; and

the supply of the DSGL goods or DSGL technology, or provision of the DSGL services, contravenes a notice, or a condition specified in a notice, that is in force under subsection (1); and

the person knows of the contravention.

a vehicle, vessel or aircraft; and

an area of water; and

a fixed or floating structure or installation of any kind.

the person publishes DSGL technology to the public or to a section of the public; and

the DSGL technology is within the scope of Part 1 of the Defence and Strategic Goods List; and

either:

the person does not hold an approval under this section authorising the publication; or

the publication contravenes a condition of an approval that the person holds under this section; and

there is neither a notice in force under subsection 14B(1), nor a notice in force under subsection 14C(1), in relation to the person and the DSGL technology.

Exception

prohibiting the person from publishing that DSGL technology to the public or to a specified section of the public; or

prohibiting the person from publishing that DSGL technology to the public, or to a specified section of the public, unless specified conditions are complied with.

the person publishes DSGL technology to the public or to a section of the public; and

the publication contravenes a notice, or a condition specified in a notice, that is in force under subsection (1); and

the person knows of the contravention.

the time a notice under subsection 14B(1) comes into force in relation to the person and the DSGL technology that is the subject of the interim notice;

the end of the period of 90 days beginning on the day that the interim notice comes into force;

the time the person receives notice under subsection (7) of this section that the interim notice is revoked.

Interim notice not a legislative instrument

the person publishes DSGL technology to the public or to a section of the public; and

the publication contravenes a notice that is in force under subsection (1); and

the person knows of the contravention.

either:

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

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

the supply is, or is to be, a relevant supply; and

either:

the first person does not hold a permit under section 16 authorising the arrangement; or

the arrangement contravenes a condition of a permit that the first person holds under section 16; and

there is no notice in force under subsection 15A(1) in relation to the first person and the arrangement.

Offence—brokering involving Part 2 of the Defence and Strategic Goods List and military-end use

either:

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

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

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

the supply is, or is to be, a relevant supply; and

either:

the first person does not hold a permit under section 16 authorising the arrangement; or

the arrangement contravenes a condition of a permit that the first person holds under section 16.

Exceptions

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

he or she does the arranging in the course of his or her duties as such a person.

either:

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

the first person does all of the arranging while the first person is in any foreign country; and

that foreign country is specified in an instrument under subsection (4A).

the foreign country is:

a Participating State for the purposes of the Wassenaar Arrangement; and

a participant in the Australia Group; and

a partner in the Missile Technology Control Regime; and

a participant in the Nuclear Suppliers Group; or

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.

either:

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

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

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

either:

the first person does not hold a permit under section 16 authorising the arrangement; or

the arrangement contravenes a condition of a permit that the first person holds under section 16.

Geographical jurisdiction

a vehicle, vessel or aircraft; and

an area of water; and

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.

(a) a person (the first person) were to arrange for another person to supply particular DSGL goods from a place outside Australia to another place outside Australia; or

(b) a person (the first person) were to arrange for another person to supply particular DSGL technology from a place outside Australia to another place outside Australia;

the supply would prejudice the security, defence or international relations of Australia, the Minister may give the first person a notice:

prohibiting the first person from making that arrangement; or

prohibiting the first person from making that arrangement unless conditions specified in the notice are complied with.

either:

the first person arranges for another person to supply goods, DSGL goods, where the supply is, or is to be, from a place outside Australia to another place outside Australia; or

the first person arranges for another person to supply DSGL technology, where the supply is, or is to be, from a place outside Australia to another place outside Australia; and

the making of that arrangement contravenes a notice, or a condition specified in a notice, that is in force under subsection (1); and

the first person knows of the contravention.

arrange for another person to supply specified DSGL goods listed in Part 2 of the Defence and Strategic Goods List from a place outside Australia to another place outside Australia;

arrange for another person to supply specified DSGL technology within the scope of Part 2 of the Defence and Strategic Goods List from a place outside Australia to another place outside Australia.

either:

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

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

the making of that arrangement contravenes a notice that is in force under subsection (1); and

the first person knows of the contravention.

Geographical jurisdiction

arrange for another person to supply DSGL goods; or

arrange for another person to supply DSGL technology.

cover 2 or more arrangements;

cover one or more arrangements, where the activity covered by each arrangement is for a period described in the application;

cover one or more arrangements, where the activity covered by each arrangement is for a project described in the application.

Minister’s decision

cover 2 or more arrangements;

cover one or more specified arrangements, where the activity covered by each arrangement is for a period specified in, or worked out in accordance with, the permit;

cover one or more specified arrangements, where the activity covered by each arrangement is for a specified project.

the broker is the holder of a permit under section 16; and

the broker does an act or omits to do an act; and

the act or omission breaches a condition of the permit.

any conviction of the person of an offence against a law of the Commonwealth, a State, a Territory or a foreign country punishable by imprisonment for 12 months or longer, if that offence was committed within the 10 years immediately before the application for registration; and

if the person has been previously registered under this Division—whether the person breached a condition of that registration or whether that registration was cancelled; and

if the person has been given a permit under this Part—whether the person has breached a condition of that permit; and

the financial position of the person; and

whether the application for registration contains information that is false or misleading; and

if the person is a body corporate—the following matters in relation to a manager of the body corporate:

any conviction of the manager of an offence covered by paragraph (a);

the financial position of the manager.

The Minister may have regard to any other matters that the Minister considers appropriate.

any conviction of the person of an offence against a law of the Commonwealth, a State, a Territory or a foreign country punishable by imprisonment for 12 months or longer, if that offence was committed within the 10 years immediately before the application for renewal; and

whether the person has breached a condition of the current registration; and

if the person has been given a permit under this Part—whether the person has breached a condition of that permit; and

the financial position of the person; and

whether the application for renewal contains information that is false or misleading; and

if the person is a body corporate—the following matters in relation to a manager of the body corporate:

any conviction of the manager of an offence covered by paragraph (a);

the financial position of the manager.

The Minister may have regard to any other matters that the Minister considers appropriate.

that registration is renewed for a period of 5 years beginning on the day after the last day of the current registration, unless cancelled earlier; and

that registration is renewed subject to the conditions applying to the current registration immediately before the renewal begins.

Minister does not renew registration before expiry of registration

that registration is taken to continue after the expiry day until the person receives notice of the Minister’s decision on the application, unless the registration is cancelled earlier; and

if the Minister renews the person’s current registration:

that registration is renewed for a period of 5 years beginning on the day after the expiry day, unless cancelled earlier; and

the conditions applying to the current registration immediately before the Minister’s decision continue to apply after the Minister’s decision.

The registration continues automatically past 31 October until the Minister decides the application. The conditions applying to the registration at the end of 31 October will continue to apply after 31 October and these may be changed under section 22.

On 1 December the Minister renews the individual’s registration. The registration is renewed for a period of 5 years beginning on 1 November.

The conditions applying to the registration immediately before the Minister’s decision on 1 December will continue to apply after that decision.

Registration may be renewed more than once

if the Minister is satisfied that the broker has breached a condition of the registration; or

if the Minister is satisfied that the broker has breached a condition of a permit given to the broker under this Part; or

if the broker is convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country punishable by imprisonment for 12 months or longer; or

if the Minister is satisfied that the broker’s application under section 19 for the registration, or an application by the broker under subsection 21(1) to renew the registration, contained information that was false or misleading; or

in any other circumstances that the Minister considers appropriate.

the name of the broker;

the day on which the broker’s registration is due to end;

a statement as to whether the broker’s registration is subject to conditions.

whether the person has access to a facility that is included, or that is capable of being included, on a list, managed by the Department, of facilities accredited for storing and handling classified information and material; and

any conviction of the person of:

(i) an offence against this Act or the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995; or

(ii) an offence against the Customs Act 1901 or regulations made under that Act; or

an offence against the Arms Export Control Act of the United States of America (22 United States Code, Chapter 39) or the International Traffic in Arms Regulations (22 Code of Federal Regulations, Parts 120-130) made under that Act;

if that offence was committed within the 10 years immediately before the application for approval; and

whether the person’s holding of such an approval would prejudice the security, defence or international relations of Australia; and

whether the application for approval contains information that is false or misleading; and

the extent of any foreign ownership or control (whether direct or indirect) of the body corporate; and

the following matters in relation to a manager of the body corporate:

any conviction of the manager of an offence covered by paragraph (b);

whether the manager is an Australian citizen.

The Minister may have regard to any other matters that the Minister considers appropriate.

(a) Crimes Act 1914; orsection 19B of the

a corresponding provision of a law of the United States of America.

Approval not a legislative instrument

any conditions specified in the approval; and

a condition that the person must allow an authorised officer, in accordance with section 41, to enter any premises referred to in that section for the purpose of finding out whether the person has complied with this Part or Part 6 or another condition of the approval; and

any conditions prescribed by the regulations in relation to:

access to Article 3(1) US Defence Articles or Article 3(3) US Defence Articles in the person’s possession, custody or control; or

access to technology relating to original goods, being technology in the person’s possession, custody or control; and

any conditions prescribed by the regulations in relation to:

investigating or reporting the loss, theft or destruction of Article 3(1) US Defence Articles or Article 3(3) US Defence Articles in the person’s possession, custody or control; or

investigating or reporting the loss, theft or destruction of technology relating to original goods, being technology in the person’s possession, custody or control; and

any conditions prescribed by the regulations in relation to:

the marking, handling or storing of Article 3(1) US Defence Articles or Article 3(3) US Defence Articles in the person’s possession, custody or control; or

the marking, handling or storing of technology relating to original goods, being technology in the person’s possession, custody or control; and

in relation to defence services provided by the person in relation to goods that are an Article 3(1) US Defence Article or an Article 3(3) US Defence Article or to technology relating to original goods—any conditions prescribed by the regulations in relation to the provision, by the person to the recipient of the services, of documentation:

for defence services provided in relation to goods that are an Article 3(1) US Defence Article or an Article 3(3) US Defence Article—identifying the goods; or

for defence services provided in relation to technology relating to original goods—identifying the technology and the goods; and

any conditions prescribed by the regulations in relation to the person giving reports relating to the person’s compliance with this Act and the regulations; and

any conditions prescribed by the regulations in relation to Australian Defence Articles (within the meaning of the regulations) in the person’s possession, custody or control.

Changing approval conditions

the person is the holder of an approval under section 27; and

the person does an act or omits to do an act; and

the act or omission breaches a condition of the approval; and

the condition is one covered by paragraph (1)(c), (d), (e) or (f) of this section.

Strict liability offence

the person is the holder of an approval under section 27; and

the person does an act or omits to do an act; and

the act or omission breaches a condition of the approval.

if the Minister reasonably believes that the person has contravened a provision of this Act; or

if the Minister reasonably believes that the person has breached a condition of the approval; or

if the Minister is satisfied that the person’s holding of the approval prejudices the security, defence or international relations of Australia; or

if the Minister is satisfied that the person’s application under section 27 for the approval contained information that was false or misleading; or

if the Minister is satisfied that it is appropriate to do so because of a change in any of the circumstances based on which the Minister gave the approval; or

in any other circumstances prescribed by the regulations for the purposes of this paragraph.

a period of suspension (which must not be more than 60 days); or

one or more conditions for the lifting of the suspension.

Lifting of suspension

the Minister specifies one or more conditions for the lifting of the suspension; and

the Minister is satisfied that those conditions have been met;

the Minister may, by notice given to the person, lift the suspension. The suspension is lifted at the time the person receives the notice.

Effect of suspension

for the purposes of the application of sections 28, 31, 32 and 33, Part 4 and subsection 58(3) to the body corporate—the body corporate is taken to continue to hold the approval while the suspension has effect; and

(b) for the purposes of the application of sections 31, 32 and 33 to a person referred to in paragraph (c) of the definition of Australian Community member in subsection 4(1)—the body corporate is taken to continue to hold the approval while the suspension has effect.

a suspension under this section;

a notice under subsection (5).

if the Minister reasonably believes that the person has contravened a provision of this Act; or

if the Minister reasonably believes that the person has breached a condition of the approval; or

if the Minister is satisfied that the person’s holding of the approval prejudices the security, defence or international relations of Australia; or

if the Minister is satisfied that the person’s application under section 27 for the approval contained information that was false or misleading; or

if the person requests the Minister, in writing, to cancel the approval; or

if the Minister is satisfied that it is appropriate to do so because of a change in any of the circumstances based on which the Minister gave the approval; or

in any other circumstances prescribed by the regulations for the purposes of this paragraph.

the supplier supplies goods, or supplies technology relating to goods, where the supply is to a place that is outside Australia and is outside the United States of America; and

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

there is no notice in force under subsection (8) in relation to the supplier and the supply; and

at the time of the supply, the following is listed in Part 1 of the Defense Trade Cooperation Munitions List:

if the supply is of original goods or is of technology relating to original goods—the original goods;

if the supply is of incorporated goods—any of the original goods incorporated in the incorporated goods.

the provider provides defence services in relation to goods or in relation to technology relating to goods, where the defence services are received at a place that is outside Australia and is outside the United States of America; and

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

there is no notice in force under subsection (8) in relation to the provider and the provision of the defence services; and

at the time of the provision of the defence services, the following is listed in Part 1 of the Defense Trade Cooperation Munitions List:

if the defence services are provided in relation to original goods or in relation to technology relating to original goods—the original goods;

if the defence services are provided in relation to incorporated goods—any of the original goods incorporated in the incorporated goods.

Dealings in Australia or the USA outside the Treaty framework

the supplier supplies goods, or supplies technology relating to goods, where the supply is to a place in Australia or in the United States of America; and

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

the supply is to none of the following:

the Commonwealth;

an Australian Community member;

an Australian Community facility;

a member of the United States Community; and

there is no notice in force under subsection (8) in relation to the supplier and the supply; and

at the time of the supply, the following is listed in Part 1 of the Defense Trade Cooperation Munitions List:

if the supply is of original goods or is of technology relating to original goods—the original goods;

if the supply is of incorporated goods—any of the original goods incorporated in the incorporated goods.

the provider provides defence services in relation to goods or in relation to technology relating to goods, where the defence services are received at a place in Australia or in the United States of America; and

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

the provision of the defence services is to none of the following:

the Commonwealth;

an Australian Community member;

a member of the United States Community; and

there is no notice in force under subsection (8) in relation to the provider and the provision of the defence services; and

at the time of the provision of the defence services, the following is listed in Part 1 of the Defense Trade Cooperation Munitions List:

if the defence services are provided in relation to original goods or in relation to technology relating to original goods—the original goods;

if the defence services are provided in relation to incorporated goods—any of the original goods incorporated in the incorporated goods.

Dealings in Australia or the USA within the Treaty framework

the supplier supplies goods, or supplies technology relating to goods, where the supply is to:

a place in Australia or in the United States of America; and

the Commonwealth, an Australian Community member, an Australian Community facility or a member of the United States Community; and

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

neither of the following apply:

the supply is for an activity referred to in Article 3(1)(a), (b) or (c) of the Defense Trade Cooperation Treaty, being an activity that is publicly identified in accordance with paragraph (5) of Section 2 of the Implementing Arrangements;

the supply is for an activity referred to in Article 3(1)(d) of the Defense Trade Cooperation Treaty, being an activity that is open to participation by Australian Community members as mentioned in paragraph (1)(b) of Section 3 of the Implementing Arrangements; and

there is no notice in force under subsection (8) in relation to the supplier and the supply; and

at the time of the supply, the following is listed in Part 1 of the Defense Trade Cooperation Munitions List:

if the supply is of original goods or is of technology relating to original goods—the original goods;

if the supply is of incorporated goods—any of the original goods incorporated in the incorporated goods.

the provider provides defence services in relation to goods or in relation to technology relating to goods, where the defence services are received:

at a place in Australia or in the United States of America; and

by the Commonwealth, an Australian Community member or a member of the United States Community; and

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

neither of the following apply:

the defence services are for an activity referred to in Article 3(1)(a), (b) or (c) of the Defense Trade Cooperation Treaty, being an activity that is publicly identified in accordance with paragraph (5) of Section 2 of the Implementing Arrangements;

the defence services are for an activity referred to in Article 3(1)(d) of the Defense Trade Cooperation Treaty, being an activity that is open to participation by Australian Community members as mentioned in paragraph (1)(b) of Section 3 of the Implementing Arrangements; and

there is no notice in force under subsection (8) in relation to the provider and the provision of the defence services; and

at the time of the provision of the defence services, the following is listed in Part 1 of the Defense Trade Cooperation Munitions List:

if the defence services are provided in relation to original goods or in relation to technology relating to original goods—the original goods;

if the defence services are provided in relation to incorporated goods—any of the original goods incorporated in the incorporated goods.

Exception—regulations

a vehicle, vessel or aircraft; and

an area of water; and

a fixed or floating structure or installation of any kind.

the member supplies goods or supplies technology relating to goods; and

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

at the time of the supply, the following is listed in Part 2 of the Defense Trade Cooperation Munitions List:

if the supply is of original goods or is of technology relating to original goods—the original goods;

if the supply is of incorporated goods—any of the original goods incorporated in the incorporated goods; and

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:

if the supply is of original goods—the original goods; or

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

if the supply is of technology relating to original goods—the technology.

the member provides defence services in relation to goods or in relation to technology relating to goods; and

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

at the time of the provision of the defence services, the following is listed in Part 2 of the Defense Trade Cooperation Munitions List:

if the defence services are provided in relation to original goods or in relation to technology relating to original goods—the original goods;

if the defence services are provided in relation to incorporated goods—any of the original goods incorporated in the incorporated goods; and

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:

if the defence service are provided in relation to original goods—the original goods; or

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

if the defence services are provided in relation to technology relating to original goods—the technology.

Control of US Defence Articles after authorisation

the member has goods, or technology relating to goods, in the member’s possession, custody or control; and

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

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

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;

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

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

if the goods in the member’s possession, custody or control are original goods—the original goods; or

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

if the technology in the member’s possession, custody or control is technology relating to original goods—the technology; and

the Australian Community member contravenes a condition specified in the notice.

Notices

specified goods; or

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).

Geographical jurisdiction

supply to a specified member of the United States Community goods listed in the Defence and Strategic Goods List, or technology relating to such goods, that are neither an Article 3(1) US Defence Article nor an Article 3(3) US Defence Article; and

provide to a specified member of the United States Community defence services in relation to goods listed in the Defence and Strategic Goods List, or in relation to technology relating to such goods, that are neither an Article 3(1) US Defence Article nor an Article 3(3) US Defence Article.

a direction under subsection (1);

a revocation under subsection (3).

Publication

a direction under subsection (1);

a revocation under subsection (3).

Offence

the member supplies goods or technology relating to goods or provides defence services in relation to goods or in relation to technology relating to goods; and

the supply, or the provision of the defence services, contravenes a direction that is in force under subsection (1); and

the member knows of the contravention; and

there is no notice in force under subsection (7) in relation to the member and the supply or the provision of the defence services (as the case may be).

Notice approving supply or provision of defence services

a direction under subsection (1);

a notice under subsection (7).

take specified action; or

refrain from taking specified action;

in relation to either or both of the following:

Article 3(1) US Defence Articles or Article 3(3) US Defence Articles in the person’s possession, custody or control at the time the suspension takes effect;

technology relating to original goods, being technology in the person’s possession, custody or control at the time the suspension takes effect.

take specified action; or

refrain from taking specified action;

in relation to either or both of the following:

Article 3(1) US Defence Articles or Article 3(3) US Defence Articles in the person’s possession, custody or control at the time the cancellation takes effect;

technology relating to original goods, being technology in the person’s possession, custody or control at the time the cancellation takes effect.

a notice given to the person under subsection (1) or (4) is in force; and

the person fails to comply with the notice.

(a) a person who is an Australian Community member received (at any time before or after the person became an Australian Community member) goods (the transition goods), or technology (the transition technology) relating to goods, from a member of the United States Community; and

the member of the United States Community provided the goods or technology under a licence or other authorisation granted by the Government of the United States of America; and

the person applies to the Minister for a notice under subsection (2).

Approving transition to Treaty

the transition goods are taken to be an Article 3(1) US Defence Article within the meaning of subsection 5(1);

the transition goods are taken to be an Article 3(3) US Defence Article within the meaning of subsection 5(4);

the transition technology is taken to be technology relating to an Article 3(1) US Defence Article within the meaning of subsection 5(1);

the transition technology is taken to be technology relating to an Article 3(3) US Defence Article within the meaning of subsection 5(4).

goods listed in the Defence and Strategic Goods List;

goods listed in the United States Munitions List referred to in Article 1(1)(n) of the Defense Trade Cooperation Treaty.

a member of the Australian Defence Force who holds the rank of warrant officer or a higher rank;

an APS employee who holds an APS 6 position, or an equivalent or higher position, in the Department.

satisfy the requirements prescribed by the regulations; and

contain a recent photograph of the authorised officer.

Offence

the person has been issued with an identity card; and

the person ceases to be an authorised officer; and

the person does not, within 7 days of so ceasing, return the identity card to the Secretary.

enter the following premises at any reasonable time of day:

any premises the person specified in the application for approval as premises at which Article 3(1) US Defence Articles or Article 3(3) US Defence Articles may be kept;

any premises the person subsequently informs the Minister in writing are premises at which Article 3(1) US Defence Articles or Article 3(3) US Defence Articles are being, or may be, kept;

any premises in Australia used, wholly or partly, by the person for the purposes of business operations of the person, except premises used as a place of residence; and

exercise the monitoring powers set out in section 42.

the power to search the premises and any thing on the premises;

the power to inspect, examine, take measurements of or conduct tests on any thing on the premises;

the power to make any still or moving image or any recording of the premises or any thing on the premises;

the power to inspect any document on the premises;

the power to make copies of any such document;

the power to take onto the premises such equipment and materials as the authorised officer requires for the purpose of exercising powers set out in this section in relation to the premises;

the powers set out in subsections (2), (3) and (5).

Powers relating to electronic equipment

the equipment; or

a disk, tape or other storage device that:

is on the premises; and

can be used with the equipment or is associated with it;

contains information that is relevant to finding out whether the holder of the approval concerned has complied with Part 3 or 6 or a condition of the approval.

the power to operate electronic equipment on the premises to put the information in documentary form and remove the documents so produced from the premises;

the power to operate electronic equipment on the premises to transfer the information to a disk, tape or other storage device that:

is brought to the premises for the exercise of the power; or

is on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises or another person who apparently represents the occupier;

and remove the disk, tape or other storage device from the premises.

the thing is found during the exercise of monitoring powers on the premises; and

an authorised officer believes on reasonable grounds that:

the thing affords evidence of the commission of an offence against Part 3 or 6; and

it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained; and

the circumstances are serious and urgent.

an authorised officer enters premises under section 41; and

the authorised officer believes on reasonable grounds that a person present at the premises is capable of answering a question relating to whether the holder of the approval concerned has complied with Part 3 or 6 or a condition of the approval;

the authorised officer may require the person to answer the question put by the authorised officer.

Requirement to produce documents

an authorised officer enters premises under section 41; and

the authorised officer believes on reasonable grounds that a person present at the premises is capable of producing a document relating to whether the holder of the approval concerned has complied with Part 3 or 6 or a condition of the approval;

the authorised officer may require the person to produce the document requested by the authorised officer.

Offence

the person is subject to a requirement under subsection (1) or (2); and

the person fails to comply with the requirement.

the answer given or the document produced; and

answering the question or producing the document; and

any information, document or thing obtained as a direct or indirect consequence of the answering of the question or producing the document;

are not admissible in evidence against the individual in criminal proceedings other than:

proceedings for an offence against subsection 43(3); or

(e) proceedings for an offence against Criminal Code that relates to this Part.section 137.1 or 137.2 of the

an authorised officer exercising monitoring powers; and

any person assisting the authorised officer;

with all reasonable facilities and assistance for the effective exercise of their powers.

the person is subject to subsection (1); and

the person fails to comply with that subsection.

enter the premises; and

exercise monitoring powers in relation to the premises, but only in accordance with a direction given to the person by the authorised officer.

as a result of electronic equipment being operated as mentioned in this Part:

damage is caused to the equipment; or

the data recorded on the equipment is damaged; or

programs associated with the use of the equipment, or with the use of the data, are damaged or corrupted; and

the damage or corruption occurs because:

insufficient care was exercised in selecting the person who was to operate the equipment; or

insufficient care was exercised by the person operating the equipment.