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

by leave—I move government amendments (12) and (23) together:

(12) Page 18 (after line 28), at the end of Division 1, add:

14A Publishing etc. DSGL technology

(1) A person commits an offence if:

(a) either:

  (i) the person publishes DSGL technology to the public, or to a section of the public, by electronic or other means; or

  (ii) the person otherwise disseminates DSGL technology to the public, or to a section of the public, by electronic or other means; and

(b) the person does not hold an approval under this section authorising the publication or dissemination of the DSGL technology.

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

Exception

(2) Subsection (1) does not apply if the DSGL technology has already been lawfully made available to the public or to the section of the public.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.

Approvals

(3) The Minister may, in writing, approve a person publishing or otherwise disseminating specified DSGL technology to the public or to a specifiedsection of the public. The Minister may give an approval only if the Minister is satisfied that it is in the public interest to do so.

(4) If the Minister gives an approval under subsection (3), the Minister must give the person the approval.

Note: Section 67 deals with giving approvals under this Act.

Geographical jurisdiction

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

Approval not a legislative instrument

(6) An approval under this section is not a legislative instrument.

(23) Clause 73, page 85 (line 2), after "section 14,", insert "subsection 14A(3),".