33Ministerial directions—avoiding prejudice to the security, defence or international relations of Australia

33 Ministerial directions—avoiding prejudice to the security, defence or international relations of Australia

(1) The Minister may, by writing, direct all Australian Community members not to: (a) supply to a specified member of the United States Community goods listed in the Defence and Strategic Goods List, or technology relating to such goods, that are neither an Article 3(1) US Defence Article nor an Article 3(3) US Defence Article; and (b) provide to a specified member of the United States Community defence services in relation to goods listed in the Defence and Strategic Goods List, or in relation to technology relating to such goods, that are neither an Article 3(1) US Defence Article nor an Article 3(3) US Defence Article. (2) The Minister may give a direction under subsection (1) only if the Minister is satisfied that it is necessary to do so in order to avoid prejudice to the security, defence or international relations of Australia. Revocation (3) The Minister may, by writing, revoke a direction under subsection (1). Notice to approval holders (4) The Minister must give each person who holds an approval under section 27 notice of the following: (a) a direction under subsection (1); (b) a revocation under subsection (3).

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

Publication (5) The Minister must publish the following on the Department’s website: (a) a direction under subsection (1); (b) a revocation under subsection (3). Offence (6) An Australian Community member commits an offence if: (a) the member supplies goods or technology relating to goods or provides defence services in relation to goods or in relation to technology relating to goods; and (b) the supply, or the provision of the defence services, contravenes a direction that is in force under subsection (1); and (c) the member knows of the contravention; and (d) there is no notice in force under subsection (7) in relation to the member and the supply or the provision of the defence services (as the case may be).

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

Notice approving supply or provision of defence services (7) The Minister may, by notice given to an Australian Community member, approve one or more supplies, or approve the provision of one or more defence services, specified in the notice.

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

Geographical jurisdiction (8) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (6). Non‑legislative instruments (9) The following are not legislative instruments: (a) a direction under subsection (1); (b) a notice under subsection (7).