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

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

Offence—brokering involving Part 1 of 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 DSGL goods, where the DSGL goods are listed in Part 1 of 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 DSGL technology is within the scope of Part 1 of the Defence and Strategic Goods List and the supply is, or is to be, from a place outside Australia to another place outside Australia; and (aa) the supply is, or is to be, a relevant supply; 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; and (c) there is no notice in force under subsection 15A(1) in relation to the first person and the arrangement.

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

Offence—brokering involving Part 2 of the Defence and Strategic Goods List and military‑end use (1A) A person (the first person) commits an offence if: (a) either: (i) the first person arranges for another person to supply DSGL goods, where the DSGL goods are listed in Part 2 of 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 DSGL technology is within the scope of Part 2 of the Defence and Strategic Goods List and the supply is, or is to be, from a place outside Australia to another place outside Australia; and (b) the first person knows that, or is reckless or negligent as to whether, the DSGL goods or DSGL technology will or may be for a military end‑use; and (ba) the supply is, or is to be, a relevant supply; and (c) 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) or (1A) does not apply if: (a) the first person is a member of the Australian Defence Force, an APS employee, an employee of ASIO, an employee of ASIS, an employee of ASD, 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.