14Minister’s notice prohibiting activities

14 Minister’s notice prohibiting activities

(1) If the Minister reasonably believes that, if a person were to do one of the activities covered by subsection (1A) in any circumstances or in particular circumstances, the activity would prejudice the security, defence or international relations of Australia, the Minister may give the person a notice: (a) prohibiting the person from doing the activity; or (b) prohibiting the person from doing the activity unless conditions specified in the notice are complied with.

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

(1A) The activities are as follows: (a) a constitutional supply of particular DSGL goods at or from a place outside Australia to a foreign person; (b) a constitutional supply to another person of particular DSGL technology; (c) the provision of particular constitutional DSGL services. (1B) Subsection (1A) does not cover an activity that would occur wholly outside Australia unless: (a) the activity would be done by or on behalf of an Australian person; or (b) the activity would relate to DSGL goods or DSGL technology in circumstances where the DSGL goods or DSGL technology would have been obtained as a direct or indirect result of the export or supply of the DSGL goods or DSGL technology: (i) from a place in Australia to a place outside Australia; or (ii) if that supply were 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. (1C) For the purposes of subsection (1A), a supply by a person who is not an individual to an officer or employee of that person is taken to be a supply by the first‑mentioned person to another person (that other person being the officer or employee). (2) A notice given to a person under subsection (1) must set out the Minister’s reasons for giving the notice.

Note: Section 68 deals with disclosing reasons for decisions.

Period notice in force (3) A notice given to a person under subsection (1) comes into force at the time the person receives the notice. This subsection is subject to subsection (5). (4) A notice given to a person under subsection (1) remains in force for the period specified in, or worked out in accordance with, the notice (which must not be more than 12 months), unless revoked earlier. Later notices (5) A notice may be given to a person under subsection (1) while an earlier notice given to the person under subsection (1) is in force. The later notice may be expressed to come into force at the time the earlier notice ceases to be in force. (6) Subsection (5) does not prevent a notice being given to a person under subsection (1) after an earlier notice given to the person under subsection (1) ceases to be in force. Notice not a legislative instrument (7) A notice under subsection (1) is not a legislative instrument. Revoking a notice (8) The Minister may, by writing, revoke a notice given to a person under subsection (1). (9) The Minister must give the person notice of the revocation. The revocation takes effect at the time the person receives the notice.