David Feeney (Victoria, Australian Labor Party, Parliamentary Secretary for Defence) Share this | Hansard source

I move government amendment (9) on sheet BM290:

(9) Clauses 10 and 11, page 10 (line 4) to page 15 (line 16), omit the clauses, substitute:

10 Offence—supply of DSGL technology

(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.