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

by leave—I move government amendments (3), (8) and (13) to (16) on sheet BM290:

(3) Clause 4, page 3 (before line 23), before the definition of Article 3(1) US Defence Article, insert:

arranges has a meaning affected by section 5A.

(8) Page 8 (after line 12), after clause 5, insert:

5A Arranging for persons to supply goods or DSGL technology

(1) For the purposes of this Act, a person (the broker) arranges for another person to supply goods or DSGL technology if:

(a) the broker acts as an agent of a person, or acts as an intermediary between 2 or more persons, in relation to the supply; and

(b) either:

  (i) the broker receives, or is to receive, any commission, fee or other benefit for so acting; or

  (ii) the broker so acts for the purpose of advancing a political, religious or ideological cause.

(2) Subsection (1) does not limit the meaning of arranges for the purposes of this Act.

(13) Clause 15, page 19 (line 2) to page 21 (line 2), omit the clause, substitute:

15 Offence—arranging supplies in relation to the Defence and Strategic Goods List

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

(a) either:

  (i) the first person arranges for another person to supply goods, where the goods are listed in 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

  (ii) 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

(b) either:

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

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

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

Exceptions

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

(a) the first person 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 does the arranging 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 (2): see subsection 13.3(3) of the Criminal Code.

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

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

(a) the first person arranges for another person to supply goods, or to supply DSGL technology, where the supply is, or is to be, from a place in a foreign country to another place in that country; and

(b) that country is a Participating State for the purposes of the Wassenaar Arrangement.

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).

Definitions

(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.

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.

(14) Clause 16, page 21 (lines 4 to 17), omit subclause (1), substitute:

(1) A registered broker may apply to the Minister for a permit under this section to:

(a) arrange for another person to supply goods, where the goods are listed in the Defence and Strategic Goods List; or

(b) arrange for another person to supply DSGL technology.

Note: Section 66 sets out application requirements.

(15) Clause 16, page 21 (line 24), omit "technology relating to goods", substitute "DSGL technology".

(16) Clause 16, page 21 (line 33), after "if", insert ", having regard to the criteria prescribed by the regulations for the purposes of this subsection and to any other matters that the Minister considers appropriate,".