10BOffence—certain supplies of DSGL goods or DSGL technology from outside Australia

10B Offence—certain supplies of DSGL goods or DSGL technology from outside Australia

(1) A person (the supplier) commits an offence if: (a) the supplier supplies (the current supply) DSGL goods, other than firearms, or DSGL technology to another person; and (aa) the DSGL goods or DSGL technology is within the scope of: (i) Part 1 of the Defence and Strategic Goods List; or (ii) the Sensitive List of Dual‑use Goods and Technologies in Part 2 of the Defence and Strategic Goods List; or (iii) the Very Sensitive List of Dual‑use Goods and Technologies in Part 2 of the Defence and Strategic Goods List; and (b) the current supply is a constitutional supply; and (c) the current supply is a relevant supply; and (d) any of the following applies: (i) the current supply occurs wholly at a place outside Australia; (ii) the current supply is from a place outside Australia and is to a place outside Australia; (iii) 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: (i) from a place in Australia to a place outside Australia; or (ii) 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 (f) 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; (ii) a permit given under section 11 of this Act; and (g) either: (i) the supplier does not hold a permit under section 11 authorising the current supply; or (ii) the current supply contravenes a condition of a permit that the supplier holds under section 11; and (h) there is no notice in force under subsection 14(1) in relation to the supplier and the current supply.

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

Application to supplies to employees etc. (2) For the purposes of subsection (1), if the supplier is not an individual and supplies DSGL goods or DSGL technology to an officer or employee of the supplier, the supply is taken to be a supply by the supplier to another person (that other person being the officer or employee). Absolute and strict liability (3) Absolute liability applies to paragraph (1)(b). (4) Strict liability applies to paragraph (1)(f). Exceptions (5) Subsection (1) does not apply if: (a) the current supply is of: (i) goods that are an Article 3(1) US Defence Article; or (ii) goods that are an Article 3(3) US Defence Article; or (iii) DSGL technology in relation to original goods; and (b) the current supply is by an Australian Community member or by a member of the United States Community; and (c) the current supply is to an Australian Community member or a member of the United States Community; and (d) 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 (e) at the time of the current supply, the following are listed in Part 1 of the Defense Trade Cooperation Munitions List: (i) if the supply is of original goods or DSGL technology in relation to original goods—the original goods; (ii) if the supply is of incorporated goods—any of the original goods incorporated in the incorporated goods; and (f) at the time of the current supply, the following are not listed in Part 2 of the Defense Trade Cooperation Munitions List: (i) if the supply is of original goods or DSGL technology in relation to original goods—the original goods; (ii) if the supply is of incorporated goods—any of the original goods incorporated in the incorporated goods.