11Condition of exemption — restriction on supply of banned device

11 Condition of exemption – restriction on supply of banned device

It is a condition of an exemption under item 3 of the table, in relation to the supply of a banned device, that a person must only supply the device to: (a) the Defence Force of Australia; or (b) the Defence Department; or (c) a member of the Defence Force, or an officer of the Defence Department, where the supply is related to the person’s functions or duties mentioned in: (i) subsection 24(1) of the Act; or (ii) subsection 26(1) of the Act; or (d) a member of a visiting force, or a member of a civilian component of a visiting force, where the supply is related to the functions or duties mentioned in: (i) subsection 24(1A) of the Act; or (ii) subsection 26(1A) of the Act; or (e) an authorised defence supplier, where the supply is related to the functions or duties mentioned in: (i) subsection 24(1B) of the Act; or (ii) subsection 26(1B) of the Act; or (f) the Australian Secret Intelligence Service; or (g) the Australian Security Intelligence Organisation; or (h) the Australian Signals Directorate; or (i) a person who performs a function or duty mentioned in section 25 of the Act, where the supply is related to that function or duty; or (j) a person who performs a function or duty mentioned in subsection 27(1) of the Act, where: (i) the supply is related to that function or duty; and (ii) the ACMA has made a determination under subsection 27(2) of the Act in relation to a class of persons; and (iii) the person is a member of that class; or (k) the ACMA; or (l) a person outside Australia; or (m) a person who is named in a notifiable instrument made under subclause 1(1) of Schedule 1, where, at the time of the supply, the notifiable instrument is in force.