15BMinister’s notice requiring a permit for arranging of supplies in relation to Part 2 of the Defence and Strategic Goods List

15B Minister’s notice requiring a permit for arranging of supplies in relation to Part 2 of the Defence and Strategic Goods List

(1) The Minister may give a person a notice directing the person not to do either or both of the following without a permit under section 16: (a) arrange for another person to supply specified DSGL goods listed in Part 2 of the Defence and Strategic Goods List from a place outside Australia to another place outside Australia; (b) arrange for another person to supply specified DSGL technology within the scope of Part 2 of the Defence and Strategic Goods List from a place outside Australia to another place outside Australia.

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

(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.

When notice comes into force (3) A notice given to a person under subsection (1) comes into force at the time the person receives the notice. Notice not a legislative instrument (4) A notice under subsection (1) is not a legislative instrument. Revoking a notice (5) The Minister may, by writing, revoke a notice given to a person under subsection (1). (6) The Minister must give the person notice of the revocation. The revocation takes effect at the time the person receives the notice.

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

Offence (7) 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 making of that arrangement contravenes a notice that is in force under subsection (1); and (c) the first person knows of the contravention.

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

Geographical jurisdiction (8) Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against subsection (7).