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2013-2014

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES/THE SENATE

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Defence Trade Controls Amendment Bill

2015

No. , 2015 (Defence)

A Bill for an Act to amend the Defence Trade

Controls Act 2012, and for related purposes

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No. , 2015 Defence Trade Controls Amendment Bill 2015 i

Contents 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 1 3 Schedules ........................................................................................... 2

Schedule 1—Amendments 3

Defence Trade Controls Act 2012 3

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No. , 2015 Defence Trade Controls Amendment Bill 2015 1

1

A Bill for an Act to amend the Defence Trade 2

Controls Act 2012, and for related purposes 3

The Parliament of Australia enacts: 4

1 Short title 5

This Act may be cited as the Defence Trade Controls Amendment 6

Act 2015. 7

2 Commencement 8

(1) Each provision of this Act specified in column 1 of the table 9

commences, or is taken to have commenced, in accordance with 10

column 2 of the table. Any other statement in column 2 has effect 11

according to its terms. 12

13

Commencement information

Column 1 Column 2 Column 3

Provisions Commencement Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Schedule 1,

items 1 to 8


3. Schedule 1,

items 9 to 15

Immediately after the commencement of

section 10 of the Defence Trade Controls

Act 2012.

4. Schedule 1,

items 16 to 22

The later of:

(a) the start of the day after this Act receives

the Royal Assent; and

(b) immediately after the commencement of


Act 2012.

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2 Defence Trade Controls Amendment Bill 2015 No. , 2015

Commencement information

Column 1 Column 2 Column 3

Provisions Commencement Date/Details

5. Schedule 1,

items 23 to 37

Immediately after the commencement of


Act 2012.

6. Schedule 1,

items 38 to 42

The later of:





Act 2012.

7. Schedule 1,

items 43 and 44

The later of:





Act 2012.

8. Schedule 1,

items 45 to 70


Note: This table relates only to the provisions of this Act as originally 1

enacted. It will not be amended to deal with any later amendments of 2

this Act. 3

(2) Any information in column 3 of the table is not part of this Act. 4

Information may be inserted in this column, or information in it 5

may be edited, in any published version of this Act. 6

3 Schedules 7

Legislation that is specified in a Schedule to this Act is amended or 8

repealed as set out in the applicable items in the Schedule 9

concerned, and any other item in a Schedule to this Act has effect 10

according to its terms. 11

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Amendments Schedule 1


Schedule 1—Amendments 1

2

Defence Trade Controls Act 2012 3

1 Section 3 4

Repeal the section, substitute: 5

3 Simplified outline of this Act 6

This Act regulates dealings in items listed in Part 1 or 2 of the 7

Defence and Strategic Goods List and in items covered by the 8

Defense Trade Cooperation Treaty between Australia and the 9

United States of America. 10

Part 1 of the Defence and Strategic Goods List covers military 11

goods and technologies and non-military lethal goods and 12

technologies and Part 2 of that list covers dual-use goods and 13

technologies. 14

There are offences for persons who do the following not in 15

accordance with a permit or approval: 16

(a) supply DSGL technology; 17

(b) arrange for other persons to supply goods in the Defence 18

and Strategic Goods List or to supply DSGL technology; 19

(c) publish DSGL technology in Part 1 of that list. 20

There are provisions implementing the Defense Trade Cooperation 21

Treaty. If a person holds an approval as a member of the Australian 22

Community referred to in that treaty, authorised officers may 23

monitor the person’s compliance with this Act. 24

The Secretary can obtain from a person information or a document 25

that is relevant to the operation of this Act. 26

There are record-keeping obligations for persons who hold permits 27

under this Act or who hold approvals as members of the Australian 28

Community referred to in the Defense Trade Cooperation Treaty. 29

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Schedule 1 Amendments


Various decisions under this Act are subject to internal review by 1

the Minister or review by the Administrative Appeals Tribunal. 2

This Act also deals with miscellaneous matters, such as 3

injunctions, forfeiture, delegations and regulations. 4

2 Subsection 4(1) (definition of arranges) 5

Repeal the definition, substitute: 6

arranges: see section 5A. 7

3 Subsection 4(1) 8

Insert: 9

ASIO means the Australian Security Intelligence Organisation. 10

ASIS means the Australian Secret Intelligence Service. 11

military end-use: goods or DSGL technology is or may be for a 12

military end-use if the goods or DSGL technology is or may be for 13

use in relation to operations, exercises or other activities conducted 14

by an armed force or an armed group, whether or not the armed 15

force or armed group forms part of the armed forces of the 16

government of a foreign country. 17

non-cash benefit means property or services in any form other 18

than money. 19

publish means publish on the internet or otherwise. 20

Weapons of Mass Destruction program means a plan or program 21

for the development, production, acquisition or stockpiling of 22

nuclear, biological or chemical weapons or missiles capable of 23

delivering such weapons. 24

4 Subsection 5A(1) 25

Omit “(1)”. 26


After “if”, insert “and only if”. 28

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6 Subparagraph 5A(1)(b)(i) 1

Omit “commission, fee or other benefit”, substitute “money or non-cash 2

benefit”. 3


Repeal the subsection. 5

8 Before Division 1 of Part 2 6

Insert: 7

Division 1A—Simplified outline of this Part 8

9A Simplified outline of this Part 9

There are offences for persons who do the following not in 10

accordance with a permit or approval: 11

(a) supply DSGL technology; 12

(b) arrange for other persons to supply goods in the Defence 13

and Strategic Goods List or to supply DSGL technology; 14

(c) publish DSGL technology in Part 1 of that list. 15

The Minister may issue notices prohibiting persons from doing the 16

following on grounds relating to the security, defence or 17

international relations of Australia: 18

(a) supplying DSGL technology; 19

(b) publishing DSGL technology; 20

(c) arranging for other persons to supply goods in the 21

Defence and Strategic Goods List or to supply DSGL 22

technology. 23

The Secretary may issue interim prohibition notices for publishing 24

DSGL technology. 25

There are offences for contravening a notice issued by the Minister 26

or Secretary. 27

Chapter 2 of the Criminal Code applies to all offences against this 28

Act. 29

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Registered brokers are able to obtain permits to arrange for other 1

persons to supply goods in the Defence and Strategic Goods List or 2

to supply DSGL technology. There is a process for becoming a 3

registered broker. 4

9 Subparagraphs 10(1)(c)(i) and (ii) 5

Omit “of the DSGL technology”. 6

10 After the heading to subsection 10(2) 7

Insert: 8

(1A) Subsection (1) does not apply if: 9

(a) the supply is not the provision of access to DSGL 10

technology; and 11

(b) the supply is made orally; and 12

(c) the supply is neither for a military end-use nor for use in a 13

Weapons of Mass Destruction program. 14

Note: A defendant bears an evidential burden in relation to the matter in 15

subsection (1A): see subsection 13.3(3) of the Criminal Code. 16

11 Paragraph 10(3)(a) 17

After “supplied by”, insert “or to”. 18


After “APS employee,”, insert “an employee of ASIO, an employee of 20

ASIS,”. 21

13 Paragraph 10(3)(b) 22

Omit “he or she supplies the DSGL technology”, substitute “the supply 23

occurs”. 24

14 After subsection 10(3) 25

Insert: 26

(3A) Subsection (1) does not apply if: 27

(a) the supply is of DSGL technology within the scope of Part 2 28

of the Defence and Strategic Goods List; and 29

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(b) the supply is preparatory to the publication of the DSGL 1

technology to the public or to a section of the public; and 2

(c) there is neither a notice in force under subsection 14B(1), nor 3

a notice in force under subsection 14C(1), in relation to the 4

supplier and the DSGL technology. 5


subsection (3A): see subsection 13.3(3) of the Criminal Code. 7

15 Subsection 10(5) 8

Repeal the subsection. 9


Omit “to another person”. 11

17 Subsections 11(2) and (3) 12

Repeal the subsections, substitute: 13

(2) Without limiting subsection (1), an application by a person under 14

that subsection may do one or more of the following: 15

(a) cover 2 or more supplies by the person; 16

(b) cover one or more supplies by the person for a period 17

described in the application; 18

(c) cover one or more supplies by the person for a project 19

described in the application. 20

Example 1: For paragraph (a)—an individual or a company applies for a permit to 21

supply particular DSGL technology to various companies or to supply 22

various DSGL technologies to one company. 23

Example 2: For paragraph (b)—an individual or a company applies for a permit to 24

supply particular DSGL technology to one company for a 5-year 25

period. 26

Example 3: For paragraph (c)—an individual or a company applies for a permit to 27

supply particular DSGL technology to various companies for a 28

particular project. 29

(2A) An application by a person under subsection (1), that covers one or 30

more supplies by the person for a project described in the 31

application, may also cover one or more supplies by one or more 32

other persons (each of whom is a project participant) for that 33

project. 34

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Minister’s decision 1

(3) If a person makes an application under subsection (1) in 2

accordance with section 66: 3

(a) the Minister must decide whether or not to give the person a 4

permit for each supply, by the person, covered by the 5

application; and 6

(b) if subsection (2A) applies—the Minister must decide whether 7

or not to give each project participant a permit for each 8

supply, by the participant, covered by the application. 9


Omit “give the person”, substitute “give a person”. 11


Omit “, having regard to the criteria prescribed by the regulations for 13

the purposes of this subsection and to any other matters that the 14

Minister considers appropriate,”. 15


Repeal the subsection, substitute: 17

(5) Without limiting subsection (4), a permit given by the Minister 18

may do one or more of the following: 19

(a) cover 2 or more supplies; 20

(b) cover one or more specified supplies for a period specified in, 21

or worked out in accordance with, the permit; 22

(c) cover one or more specified supplies for a specified project. 23


Omit “to give the person”, substitute “to give a person”. 25


Omit “7”, substitute “14”. 27

23 Section 14 (heading) 28

Repeal the heading, substitute: 29

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14 Minister’s notice prohibiting supply of DSGL technology 1


Omit “believes or suspects”, substitute “reasonably believes”. 3

25 Section 14A 4


14A Offence—publishing DSGL technology in Part 1 of the DSGL 6

(1) A person commits an offence if: 7

(a) the person publishes DSGL technology to the public or to a 8

section of the public; and 9

(b) the DSGL technology is within the scope of Part 1 of the 10

Defence and Strategic Goods List; and 11

(c) either: 12

(i) the person does not hold an approval under this section 13

authorising the publication; or 14

(ii) the publication contravenes a condition of an approval 15

that the person holds under this section; and 16

(d) there is neither a notice in force under subsection 14B(1), nor 17

a notice in force under subsection 14C(1), in relation to the 18

person and the DSGL technology. 19

Penalty: Imprisonment for 10 years or 2,500 penalty units, or 20

both. 21

Exception 22

(2) Subsection (1) does not apply if the DSGL technology has already 23

been lawfully made available to the public or to the section of the 24

public. 25


subsection (2): see subsection 13.3(3) of the Criminal Code. 27

Approvals 28

(3) A person may apply to the Minister for an approval under this 29

section to publish DSGL technology to the public or a section of 30

the public. 31

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Note: Section 66 sets out application requirements. 1

(4) If a person makes an application under subsection (3) in 2

accordance with section 66, the Minister must decide whether or 3

not to give the person an approval. 4

(5) The Minister may give the person the approval sought if the 5

Minister is satisfied that the publication of the DSGL technology 6

covered by the application would not prejudice the security, 7

defence or international relations of Australia. 8

Note: Section 67 deals with giving approvals under this Act. 9

(6) If the Minister refuses to give the person the approval sought, the 10

Minister must give the person notice of the refusal and the reasons 11

for the refusal. 12

Note 1: Section 67 deals with giving notices under this Act. 13

Note 2: Section 68 deals with disclosing reasons for decisions. 14

Approval conditions 15

(7) An approval given to a person is subject to any conditions 16

specified in the approval. 17

Revoking an approval 18

(8) The Minister may, by writing, revoke an approval given to a 19

person under this section. 20

(9) However, the Minister may revoke the approval only if the 21

Minister is satisfied that any publication of the DSGL technology 22

covered by the approval would prejudice the security, defence or 23

international relations of Australia. 24

(10) The Minister must give the person notice of the revocation and the 25

reasons for the revocation. The revocation takes effect at the time 26

the person receives the notice. 27

Note 1: Section 67 deals with giving notices under this Act. 28

Note 2: Section 68 deals with disclosing reasons for decisions. 29

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Geographical jurisdiction 1

(11) Section 15.2 of the Criminal Code (extended geographical 2

jurisdiction—category B) applies to an offence against 3

subsection (1). 4

Approval not a legislative instrument 5

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

14B Minister’s notice prohibiting publication of DSGL technology 7

(1) If the Minister reasonably believes that, if a person were to publish 8

particular DSGL technology to the public or a section of the public, 9

the publication would prejudice the security, defence or 10

international relations of Australia, the Minister may give the 11

person a notice: 12

(a) prohibiting the person from publishing that DSGL 13

technology to the public or to a specified section of the 14

public; or 15

(b) prohibiting the person from publishing that DSGL 16

technology to the public, or to a specified section of the 17

public, unless specified conditions are complied with. 18

Note: Section 67 deals with giving notices under this Act. 19

(2) A notice given to a person under subsection (1) must set out the 20

Minister’s reasons for giving the notice. 21

Note: Section 68 deals with disclosing reasons for decisions. 22

Period notice in force 23

(3) A notice given to a person under subsection (1) comes into force at 24

the time the person receives the notice. This subsection is subject 25

to subsection (5). 26

(4) A notice given to a person under subsection (1) remains in force 27

for the period specified in, or worked out in accordance with, the 28

notice (which must not be more than 12 months), unless revoked 29

earlier. 30

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Later notices 1

(5) A notice may be given to a person under subsection (1) while an 2

earlier notice given to the person under subsection (1) is in force. 3

The later notice may be expressed to come into force at the time 4

the earlier notice ceases to be in force. 5

(6) Subsection (5) does not prevent a notice being given to a person 6

under subsection (1) after an earlier notice given to the person 7

under subsection (1) ceases to be in force. 8

Notice not a legislative instrument 9

(7) A notice under subsection (1) is not a legislative instrument. 10

Revoking a notice 11

(8) The Minister may, by writing, revoke a notice given to a person 12

under subsection (1). 13

(9) The Minister must give the person notice of the revocation. The 14

revocation takes effect at the time the person receives the notice. 15


Offence 17




(b) the publication contravenes a notice, or a condition specified 21

in a notice, that is in force under subsection (1); and 22

(c) the person knows of the contravention. 23


both. 25



subsection (10). 28

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14C Secretary’s notice prohibiting publication of DSGL technology 1

(1) If, on the basis of information that the Secretary is aware of, the 2

Secretary considers that there may be grounds for the Minister to 3

give a person a notice under subsection 14B(1), the Secretary may 4

give the person a notice (the interim notice) directing the person 5

not to publish specified DSGL technology to the public or to a 6

specified section of the public. 7


(2) The interim notice must set out the Secretary’s reasons for giving 9

the notice. 10


(3) The interim notice comes into force at the time the person receives 12

the notice. 13

(4) The interim notice ceases to be in force at whichever of the 14

following times happens first: 15

(a) the time a notice under subsection 14B(1) comes into force in 16

relation to the person and the DSGL technology that is the 17

subject of the interim notice; 18

(b) the end of the period of 90 days beginning on the day that the 19

interim notice comes into force; 20

(c) the time the person receives notice under subsection (7) of 21

this section that the interim notice is revoked. 22

Interim notice not a legislative instrument 23

(5) The interim notice is not a legislative instrument. 24

Revoking the interim notice 25

(6) The Secretary may, by writing, revoke the interim notice. 26

(7) The Secretary must give the person notice of the revocation. The 27



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Offence 1




(b) the publication contravenes a notice that is in force under 5

subsection (1); and 6

(c) the person knows of the contravention. 7


both. 9



subsection (8). 12



15 Offence—arranging supplies in relation to the DSGL 15

27 Subparagraph 15(1)(a)(i) 16

After “listed in”, insert “Part 1 of”. 17

28 Subparagraph 15(1)(a)(ii) 18

After “where”, insert “the DSGL technology is within the scope of 19

Part 1 of the Defence and Strategic Goods List and”. 20

29 After paragraph 15(1)(b) 21

Insert: 22

; and (c) there is no notice in force under subsection 15A(1) in relation 23

to the first person and the arrangement. 24


Insert: 26

(1A) A person (the first person) commits an offence if: 27

(a) either: 28

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(i) the first person arranges for another person to supply 1

goods, where the goods are listed in Part 2 of the 2

Defence and Strategic Goods List and the supply is, or 3

is to be, from a place outside Australia to another place 4

outside Australia; or 5

(ii) the first person arranges for another person to supply 6

DSGL technology, where the DSGL technology is 7

within the scope of Part 2 of the Defence and Strategic 8

Goods List and the supply is, or is to be, from a place 9

outside Australia to another place outside Australia; and 10

(b) the first person knows that, or is reckless or negligent as to 11

whether, the goods or DSGL technology will or may be for a 12

military end-use; and 13

(c) either: 14

(i) the first person does not hold a permit under section 16 15

authorising the arrangement; or 16

(ii) the arrangement contravenes a condition of a permit that 17

the first person holds under section 16. 18


both. 20


After “Subsection (1)”, insert “or (1A)”. 22


After “APS employee,”, insert “an employee of ASIO, an employee of 24

ASIS,”. 25


After “Subsection (1)”, insert “or (1A)”. 27



(4) Subsection (1) or (1A) does not apply if: 30

(a) either: 31

(i) the first person arranges for the other person to supply 32

the goods, or to supply the DSGL technology, where the 33

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supply is, or is to be, from a place in a foreign country; 1

or 2

(ii) the first person does all of the arranging while the first 3

person is in any foreign country; and 4

(b) that foreign country is: 5

(i) a Participating State for the purposes of the Wassenaar 6

Arrangement; and 7

(ii) a participant in the Australia Group; and 8

(iii) a partner in the Missile Technology Control Regime; 9

and 10

(iv) a participant in the Nuclear Suppliers Group; and 11

(c) that foreign country is specified in an instrument under 12

subsection (4A). 13


subsection (4): see subsection 13.3(3) of the Criminal Code. 15

(4A) The Minister may, by legislative instrument, specify foreign 16

countries for the purposes of paragraph (4)(c). 17

(4B) Subsection (1) or (1A) does not apply if the first person arranges 18

for the other person to supply the goods, or to supply the DSGL 19

technology, where the supply is, or is to be, under or in connection 20

with a contract specified in an instrument under subsection (4C). 21


subsection (4B): see subsection 13.3(3) of the Criminal Code. 23

(4C) The Minister may, by legislative instrument, specify contracts for 24

the purposes of subsection (4B). 25

Offence—brokering involving Weapons of Mass Destruction 26

program 27

(4D) A person (the first person) commits an offence if: 28

(a) either: 29






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(b) the first person knows that, or is reckless or negligent as to 6

whether, the goods or DSGL technology will or may be used 7

in a Weapons of Mass Destruction program; and 8

(c) either: 9

(i) the first person does not hold a permit under section 16 10

authorising the arrangement; or 11

(ii) the arrangement contravenes a condition of a permit that 12

the first person holds under section 16. 13


both. 15

35 At the end of subsection 15(5) 16

Add “, (1A) or (4D)”. 17


Insert: 19

Australia Group means the group of countries that form the 20

Australia Group, whose first meeting occurred in Brussels in June 21

1985. 22

Missile Technology Control Regime means the group of countries 23

that form the Missile Technology Control Regime, whose first 24

meeting occurred in Rome in September 1988. 25

Nuclear Suppliers Group means the group of countries that form 26

the Nuclear Suppliers Group, whose first meeting occurred in 27

London in November 1975. 28

37 After section 15 29

Insert: 30

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15A Minister’s notice prohibiting arranging of supplies in relation 1

to the DSGL 2

(1) If the Minister reasonably believes that, if: 3

(a) a person (the first person) were to arrange for another person 4

to supply particular goods listed in the Defence and Strategic 5

Goods List from a place outside Australia to another place 6


(b) a person (the first person) were to arrange for another person 8

to supply particular DSGL technology from a place outside 9

Australia to another place outside Australia; 10

the supply would prejudice the security, defence or international 11

relations of Australia, the Minister may give the first person a 12

notice: 13

(c) prohibiting the first person from making that arrangement; or 14

(d) prohibiting the first person from making that arrangement 15

unless conditions specified in the notice are complied with. 16


(2) A notice given to the first person under subsection (1) must set out 18

the Minister’s reasons for giving the notice. 19


Period notice in force 21

(3) A notice given to the first person under subsection (1) comes into 22

force at the time the first person receives the notice. This 23

subsection is subject to subsection (5). 24

(4) A notice given to the first person under subsection (1) remains in 25

force for the period specified in, or worked out in accordance with, 26

the notice (which must not be more than 12 months), unless 27

revoked earlier. 28

Later notices 29

(5) A notice may be given to the first person under subsection (1) 30

while an earlier notice given to the first person under 31

subsection (1) is in force. The later notice may be expressed to 32

come into force at the time the earlier notice ceases to be in force. 33

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(6) Subsection (5) does not prevent a notice being given to the first 1

person under subsection (1) after an earlier notice given to the first 2

person under subsection (1) ceases to be in force. 3



Revoking a notice 6

(8) The Minister may, by writing, revoke a notice given to the first 7

person under subsection (1). 8

(9) The Minister must give the first person notice of the revocation. 9

The revocation takes effect at the time the first person receives the 10

notice. 11


Offence 13

(10) The first person commits an offence if: 14

(a) either: 15


goods, where the goods are listed in the Defence and 17

Strategic Goods List and the supply is, or is to be, from 18

a place outside Australia to another place outside 19

Australia; or 20


DSGL technology, where the supply is, or is to be, from 22

a place outside Australia to another place outside 23

Australia; and 24

(b) the making of that arrangement contravenes a notice, or a 25

condition specified in a notice, that is in force under 26

subsection (1); and 27

(c) the first person knows of the contravention. 28


both. 30

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subsection (10). 3

15B Minister’s notice requiring a permit for arranging of supplies in 4

relation to Part 2 of the DSGL 5

(1) The Minister may give a person a notice directing the person not to 6

do either or both of the following without a permit under 7

section 16: 8

(a) arrange for another person to supply specified goods listed in 9

Part 2 of the Defence and Strategic Goods List from a place 10

outside Australia to another place outside Australia; 11

(b) arrange for another person to supply specified DSGL 12

technology within the scope of Part 2 of the Defence and 13

Strategic Goods List from a place outside Australia to 14

another place outside Australia. 15


(2) A notice given to a person under subsection (1) must set out the 17

Minister’s reasons for giving the notice. 18


When notice comes into force 20

(3) A notice given to a person under subsection (1) comes into force at 21

the time the person receives the notice. 22



Revoking a notice 25

(5) The Minister may, by writing, revoke a notice given to a person 26

under subsection (1). 27

(6) The Minister must give the person notice of the revocation. The 28



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Offence 1

(7) A person (the first person) commits an offence if: 2

(a) either: 3











(b) the making of that arrangement contravenes a notice that is in 14

force under subsection (1); and 15

(c) the first person knows of the contravention. 16


both. 18

Geographical jurisdiction 19



subsection (7). 22



16 Permits for purposes of section 15 or 15B 25



(2) Without limiting subsection (1), an application under that 28

subsection may do one or more of the following: 29

(a) cover 2 or more arrangements; 30

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(b) cover one or more arrangements, where the activity covered 1

by each arrangement is for a period described in the 2

application; 3

(c) cover one or more arrangements, where the activity covered 4

by each arrangement is for a project described in the 5

application. 6

Example 1: For paragraph (a)—a registered broker applies for a permit to arrange 7

for company A to supply goods and to arrange for company B to 8

supply DSGL technology. 9

Example 2: For paragraph (b)—a registered broker applies for a permit to arrange 10

for company A to supply goods for a 3-year period. 11

Example 3: For paragraph (c)—a registered broker applies for a permit to arrange 12

for company A to supply goods for a particular project. 13


Omit “, having regard to the criteria prescribed by the regulations for 15

the purposes of this subsection and to any other matters that the 16

Minister considers appropriate,”. 17



(5) Without limiting subsection (4), a permit given by the Minister 20

may do one or more of the following: 21

(a) cover 2 or more arrangements; 22

(b) cover one or more specified arrangements, where the activity 23

covered by each arrangement is for a period specified in, or 24

worked out in accordance with, the permit; 25

(c) cover one or more specified arrangements, where the activity 26

covered by each arrangement is for a specified project. 27


Omit “7”, substitute “14”. 29

43 At the end of section 20 30

Add: 31

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Automatic revocation of permits 1

(8) If a registered broker’s registration ceases to be in force (other than 2

because the registration is cancelled), any permit held by the 3

broker under section 16 is taken to be revoked at the time that 4

registration ceases to be in force. 5

44 At the end of Part 2 6

Add: 7

Division 4—Other matters 8

25A Deciding if things prejudicial to the security, defence or 9

international relations of Australia 10

For the purposes of this Part, in deciding whether a thing would, or 11

would not, prejudice the security, defence or international relations 12

of Australia, the Minister, a delegate of the Minister or the 13

Secretary: 14

(a) must have regard to the criteria prescribed by the regulations 15

for the purposes of this paragraph; and 16

(b) may have regard to any other matters that the Minister, 17

delegate of the Minister or Secretary considers appropriate. 18

Note: If after applying this section in relation to a decision under this Part, a 19

delegate of the Minister is satisfied that a thing would prejudice the 20

security, defence or international relations of Australia, the delegate 21

must refer the matter to the Minister to decide personally: see 22

subsections 73(7) and (8). 23

45 Division 1 of Part 3 24

Repeal the Division, substitute: 25

Division 1—Simplified outline of this Part 26

26 Simplified outline of this Part 27

This Part implements the Defense Trade Cooperation Treaty 28

between Australia and the United States of America. 29

EXPOSURE DRAFT

EXPOSURE DRAFT



There is a process for approving bodies corporate as members of 1

the Australian Community referred to in Article 4(1)(c) of that 2

treaty and for suspending or cancelling approvals. 3

There are offences relating to dealings in Article 3(1) US Defence 4

Articles and Article 3(3) US Defence Articles. 5

There is a process for transitioning to that treaty. 6

46 Section 37 7


37 Simplified outline of this Part 9

If a person holds an approval under section 27, an authorised 10

officer may enter certain premises at any reasonable time of day 11

for the purpose of finding out whether the person has complied 12

with Part 3 or 6 or a condition of the approval. 13

The authorised officer must give the person at least 24 hours’ 14

notice of the officer’s intention to enter the premises. 15

An authorised officer who enters premises may exercise 16

monitoring powers. The authorised officer may be assisted by other 17

persons if that assistance is necessary and reasonable. 18

47 Subsection 40(3) (note) 19

Repeal the note. 20


Repeal the note. 22


Repeal the note. 24

50 Section 49 (note) 25

Repeal the note. 26

EXPOSURE DRAFT

EXPOSURE DRAFT



51 Before section 52 1

Insert: 2


The Secretary can obtain information or a document from a person 4

if it is relevant to the operation of this Act. 5


Insert: 7


Persons holding permits under Part 2 must keep records of supplies 9

or arrangements the persons make under the permits. 10

Persons holding approvals under section 27 must keep records of 11

activities prescribed by the regulations. 12

Records must be retained for 5 years and may need to be produced 13

to the Secretary. 14


Insert: 16


Various decisions under this Act are subject to internal review by 18

the Minister. 19

Various decisions made by the Minister personally or after an 20

internal review are subject to review by the Administrative 21

Appeals Tribunal. 22

54 Section 63 23

Before “For”, insert “(1)”. 24

EXPOSURE DRAFT

EXPOSURE DRAFT



55 Paragraph 63(a) 1

Omit “the person’s”, substitute “an”. 2

56 After paragraph 63(c) 3

Insert: 4

(ca) a decision under subsection 14(1) to give a person a notice; 5

(cb) a decision under section 14A to refuse to give a person an 6

approval; 7

(cc) a decision under subsection 14A(7) to impose an approval 8

condition; 9

(cd) a decision under section 14A to revoke an approval; 10

(ce) a decision under subsection 14B(1) to give a person a notice; 11

(cf) a decision under subsection 15A(1) to give a person a notice; 12

(cg) a decision under subsection 15B(1) to give a person a notice; 13

57 At the end of section 63 14

Add: 15

(2) For the purposes of this Part, a decision of the Secretary under 16

subsection 14C(1) to give a person a notice is also a reviewable 17

decision. 18



Scope 21

(1) This section applies to a reviewable decision if: 22

(a) the decision is one referred to in subsection 63(1) and is 23

made by a delegate of the Minister; or 24

(b) the decision is one referred to in subsection 63(2) and is 25

made by the Secretary. 26


Insert: 28

EXPOSURE DRAFT

EXPOSURE DRAFT




This Part deals with miscellaneous matters, such as the form of 2

applications, the giving of notices, permits or approvals, the 3

disclosure of reasons for decisions, injunctions, forfeiture, 4

delegations and regulations. 5



Decisions made by the Minister or Secretary personally 8

(1) If: 9

(a) a decision under this Act is made by the Minister personally 10

or the Secretary personally; and 11

(b) reasons for the decision must be given in a notice under this 12

Act; 13

the notice must not disclose any reasons whose disclosure the 14

Minister or Secretary believes would prejudice the security, 15

defence or international relations of Australia. 16



72 Evidential certificates 19


After “subsection 14(1)”, insert “, 14B(1), 15A(1) or 15B(1)”. 21


After “specified person”, insert “and specified matters”. 23


Insert: 25

(1A) The Secretary may certify in writing that a notice under 26

subsection 14C(1) was in force in relation to a specified person and 27

specified matters on a specified day. 28

EXPOSURE DRAFT

EXPOSURE DRAFT




After “subsection (1)”, insert “or (1A)”. 2


Omit “subsection 14A(3),”, substitute “subsection 14A(8), section 14B 4

or 15A,”. 5

67 Subsection 73(7) (table item 1) 6

Omit “the person’s”, substitute “an”. 7

68 Subsection 73(7) (after table item 1) 8

Insert: 9

1A A decision under section 14A to refuse

to give a person an approval for the

publication of the DSGL technology

covered by the person’s application for

an approval

The publication of that

DSGL technology


Omit “section 39”, substitute “section 14C, 39 or 72”. 11

70 After section 74A 12

Insert: 13

74B Reviews of operation of Act 14

(1) The Minister must cause a review of the operation of this Act 15

(other than Parts 3 and 4) to be undertaken as soon as possible after 16

the second anniversary of the commencement of section 10 of this 17

Act and afterwards at intervals of not longer than 5 years. 18

(2) A written report of the review must be given to the Minister. 19

(3) The Minister must cause a copy of the report of the review to be 20

tabled in each House of the Parliament within 15 sitting days of 21

that House after the report is given to the Minister. 22

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