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Defence Trade Controls Bill 2011

Part 2 Dealings in items in the Defence and Strategic Goods List

Division 1 Primary offences

10   Offences—supplies and provision of defence services in relation to the Defence and Strategic Goods List

Supplies

             (1)  A person (the supplier ) commits an offence if:

                     (a)  the supplier supplies to another person technology relating to goods, where the technology is listed in the Defence and Strategic Goods List; and

                     (b)  either:

                              (i)  the supply is from a place in Australia to a place outside Australia, the supplier is a foreign person and the other person is a foreign person; or

                             (ii)  the supplier is an Australian person and the other person is a foreign person; and

                     (c)  either:

                              (i)  the supplier does not hold a permit under section 11 authorising the supply of the technology; or

                             (ii)  the supply of the technology contravenes a condition of a permit that the supplier holds under section 11; and

                     (d)  there is no notice in force under subsection 14(1) in relation to the supplier and the supply.

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

Provision of defence services

             (2)  A person (the provider ) commits an offence if:

                     (a)  either:

                              (i)  the provider provides defence services to another person in relation to goods, where the goods are listed in the Defence and Strategic Goods List; or

                             (ii)  the provider provides defence services to another person in relation to technology relating to goods, where the technology is listed in the Defence and Strategic Goods List; and

                     (b)  either:

                              (i)  the defence services are received at a place outside Australia, the provider is an Australian person and the other person is a foreign person; or

                             (ii)  the defence services are received at a place in Australia and the other person is a foreign person; and

                     (c)  either:

                              (i)  the provider does not hold a permit under section 11 authorising the provision of the defence services; or

                             (ii)  the provision of the defence services contravenes a condition of a permit that the provider holds under section 11; and

                     (d)  there is no notice in force under subsection 14(1) in relation to the provider and the provision of the defence services.

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

Exceptions—Defense Trade Cooperation Treaty

             (3)  Subsection (1) does not apply if:

                     (a)  the supply is of technology relating to original goods; and

                     (b)  the supply is by an Australian Community member or by a member of the United States Community; and

                     (c)  the supply is to an Australian Community member or a member of the United States Community; and

                     (d)  the supply is for an activity referred to in Article 3(1)(a), (b), (c) or (d) of the Defense Trade Cooperation Treaty; and

                     (e)  at the time of the supply, the original goods are listed in Part 1 of the Defense Trade Cooperation Munitions List.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code .

             (4)  Subsection (2) does not apply if:

                     (a)  the defence services are provided in relation to goods that are an Article 3(1) US Defence Article or an Article 3(3) US Defence Article or the defence services are provided in relation to technology relating to original goods; and

                     (b)  the defence services are provided by an Australian Community member or by a member of the United States Community; and

                     (c)  the defence services are provided to an Australian Community member or a member of the United States Community; and

                     (d)  the defence services are for an activity referred to in Article 3(1)(a), (b), (c) or (d) of the Defense Trade Cooperation Treaty; and

                     (e)  at the time of the provision of the defence services, the following is listed in Part 1 of the Defense Trade Cooperation Munitions List:

                              (i)  if the defence services are provided in relation to original goods or in relation to technology relating to original goods—the original goods;

                             (ii)  if the defence services are provided in relation to incorporated goods—any of the original goods incorporated in the incorporated goods.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code .

Exceptions—Australian Defence Force members, APS employees and members of the police

             (5)  Subsection (1) does not apply if:

                     (a)  the technology is supplied by a person who is a member of the Australian Defence Force, an APS employee, 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 supplies the technology 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 (5): see subsection 13.3(3) of the Criminal Code .

             (6)  Subsection (2) does not apply if:

                     (a)  the defence services are provided by a person who is a member of the Australian Defence Force, an APS employee, 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 provides the defence services 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 (6): see subsection 13.3(3) of the Criminal Code .

Exception—regulations

             (7)  Subsection (1) or (2) does not apply in the circumstances prescribed by the regulations for the purposes of this subsection.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (7): see subsection 13.3(3) of the Criminal Code .

Geographical jurisdiction

             (8)  Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against subsection (1) or (2).

Definition

             (9)  In this section:

place includes:

                     (a)  a vehicle, vessel or aircraft; and

                     (b)  an area of water; and

                     (c)  a fixed or floating structure or installation of any kind.

11   Permits for purposes of section 10

             (1)  A person may apply to the Minister for a permit under this section to do an activity that is:

                     (a)  the supply to another person of technology relating to goods, where the technology is listed in the Defence and Strategic Goods List; or

                     (b)  the provision of defence services to another person in relation to goods, where the goods are listed in the Defence and Strategic Goods List; or

                     (c)  the provision of defence services to another person in relation to technology relating to goods, where the technology is listed in the Defence and Strategic Goods List.

Note:          Section 66 sets out application requirements.

             (2)  An application under subsection (1) may:

                     (a)  cover more than one activity; and

                     (b)  cover a particular activity for a period described in the application.

Example 1: For paragraph (a)—a person applies for a permit to supply company A technology relating to particular goods and to provide defence services to company B in relation to other goods.

Example 2: For paragraph (b)—a person applies for a permit to supply company A technology relating to particular goods for a 3-year period.

Minister’s decision

             (3)  If a person makes an application under subsection (1) in accordance with section 66, the Minister must decide whether or not to give the person a permit to do each activity covered by the application.

             (4)  The Minister may give the person a permit to do a specified activity if the Minister is satisfied that the activity would not prejudice the security, defence or international relations of Australia.

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

             (5)  A permit given by the Minister may:

                     (a)  cover more than one activity; and

                     (b)  cover a specified activity for a period specified in, or worked out in accordance with, the permit.

             (6)  If the Minister refuses to give the person a permit for an activity covered by the application, the Minister must give the person notice of the refusal and the reasons for the refusal.

Note 1:       Section 67 deals with giving notices under this Act.

Note 2:       Section 68 deals with disclosing reasons for decisions.

Permit conditions

             (7)  A permit given to a person is subject to any conditions specified in the permit.

Note:          Section 12 deals with changing permit conditions.

Revoking a permit

             (8)  The Minister may, by writing, revoke a permit given to a person under this section.

             (9)  However, the Minister may revoke the permit only if the Minister is satisfied that any activity covered by the permit would prejudice the security, defence or international relations of Australia.

           (10)  The Minister must give the person notice of the revocation and the reasons for the revocation. The revocation takes effect at the time the person receives the notice.

Note 1:       Section 67 deals with giving notices under this Act.

Note 2:       Section 68 deals with disclosing reasons for decisions.

12   Changing permit conditions

Imposing new conditions

             (1)  After giving a person a permit under section 11, the Minister may impose a new permit condition by giving the person notice of the condition. The notice must include the reasons for imposing the new condition.

Removing or varying conditions

             (2)  The Minister may remove or vary a condition of the permit by giving the person notice of the removal or variation. For a variation of a condition, the notice must include the reasons for the variation.

When new conditions or variations take effect

             (3)  The imposition of a new permit condition under subsection (1), or the variation of a permit condition under subsection (2), takes effect at the time specified in the notice, which must be at least 7 days after the day on which the notice is given.

             (4)  However, the notice may specify that the new permit condition or the variation takes effect at the time the person receives the notice if the Minister is satisfied that the new permit condition or variation needs to take effect then for reasons of urgency.

Note 1:       Section 67 deals with giving notices under this Act.

Note 2:       Section 68 deals with disclosing reasons for decisions.

13   Breaching permit conditions

             (1)  A person commits an offence if:

                     (a)  the person is the holder of a permit under section 11; and

                     (b)  the person does an act or omits to do an act; and

                     (c)  the act or omission breaches a condition of the permit.

Penalty:  60 penalty units.

             (2)  An offence against subsection (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code .

             (3)  Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against subsection (1).

14   Notice prohibiting activities

             (1)  If the Minister believes or suspects that, if a person were to do one of the following activities in any circumstances or in particular circumstances:

                     (a)  supply to another person technology relating to goods, where the technology is listed in the Defence and Strategic Goods List;

                     (b)  provide defence services to another person in relation to goods, where the goods are listed in the Defence and Strategic Goods List;

                     (c)  provide defence services to another person in relation to technology relating to goods, where the technology is listed in the Defence and Strategic Goods List;

the activity would prejudice the security, defence or international relations of Australia, the Minister may give the person a notice:

                     (d)  prohibiting the person from doing the activity; or

                     (e)  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.

             (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.

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

Offence

           (10)  A person commits an offence if:

                     (a)  the person does one of the following activities:

                              (i)  supplies technology relating to goods, where the technology is listed in the Defence and Strategic Goods List;

                             (ii)  provides defence services in relation to goods, where the goods are listed in the Defence and Strategic Goods List;

                            (iii)  provides defence services in relation to technology relating to goods, where the technology is listed in the Defence and Strategic Goods List; and

                     (b)  the activity contravenes a notice, or a condition specified in a notice, that is in force under subsection (1); and

                     (c)  the person knows of the contravention.

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

           (11)  Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against subsection (10).



 

Division 2 Brokering offences

15   Offence—arranging supplies and provision of defence services in relation to the Defence and Strategic Goods List

             (1)  A person (the first person ) commits an offence if:

                     (a)  one of the following applies:

                              (i)  the first person arranges for another person to supply goods, where the goods are listed in the Defence and Strategic Goods List and the supply is, or is to be, from a place outside Australia to another place outside Australia;

                             (ii)  the first person arranges for another person to supply technology relating to goods, where the technology is listed in the Defence and Strategic Goods List and the supply is, or is to be, from a place outside Australia to another place outside Australia;

                            (iii)  the first person arranges for another person to provide defence services in relation to goods, where the goods are listed in the Defence and Strategic Goods List and the defence services are, or are to be, received at a place outside Australia;

                            (iv)  the first person arranges for another person to provide defence services in relation to technology relating to goods, where the technology is listed in the Defence and Strategic Goods List and the defence services are, or are to be, received at a place outside Australia; 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.

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

Exceptions

             (2)  Subsection (1) does not apply if:

                     (a)  the first person is a member of the Australian Defence Force, an APS employee, 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 .

             (3)  Subsection (1) does not apply in the circumstances prescribed by the regulations for the purposes of this subsection.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code .

             (4)  Subsection (1) does not apply if:

                     (a)  the first person arranges for another person to supply goods, or to supply technology relating to goods, where the supply is, or is to be, from a place in a foreign country to another place in that country; and

                     (b)  that country is a Participating State for the purposes of the Wassenaar Arrangement.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code .

Geographical jurisdiction

             (5)  Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against subsection (1).

Definitions

             (6)  In this section:

place includes:

                     (a)  a vehicle, vessel or aircraft; and

                     (b)  an area of water; and

                     (c)  a fixed or floating structure or installation of any kind.

Wassenaar Arrangement means the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies, adopted in Vienna, Austria, on 11 and 12 July 1996, as amended from time to time.

16   Permits for purposes of section 15

             (1)  A registered broker may apply to the Minister for a permit under this section to:

                     (a)  arrange for another person to supply goods, where the goods are listed in the Defence and Strategic Goods List; or

                     (b)  arrange for another person to supply technology relating to goods, where the technology is listed in the Defence and Strategic Goods List; or

                     (c)  arrange for another person to provide defence services in relation to goods, where the goods are listed in the Defence and Strategic Goods List; or

                     (d)  arrange for another person to provide defence services in relation to technology relating to goods, where the technology is listed in the Defence and Strategic Goods List.

Note:          Section 66 sets out application requirements.

             (2)  An application under subsection (1) may:

                     (a)  be for more than one arrangement; and

                     (b)  be for a particular arrangement, where the activity covered by the arrangement is for a period described in the application.

Example 1: For paragraph (a)—a registered broker applies for a permit to arrange for company A to supply goods and to arrange for company B to supply technology relating to goods.

Example 2: For paragraph (b)—a registered broker applies for a permit to arrange for company A to supply goods for a 3-year period.

Minister’s decision

             (3)  If a registered broker makes an application under subsection (1) in accordance with section 66, the Minister must decide whether or not to give the broker a permit for each arrangement covered by the application.

             (4)  The Minister may give the broker a permit for a specified arrangement if the Minister is satisfied that the activity covered by the arrangement would not prejudice the security, defence or international relations of Australia.

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

             (5)  A permit given by the Minister may:

                     (a)  be for more than one arrangement; and

                     (b)  be for a specified arrangement, where the activity covered by the arrangement is for a period specified in, or worked out in accordance with, the permit.

             (6)  If the Minister refuses to give the broker a permit for an arrangement covered by the application, the Minister must give the broker notice of the refusal and the reasons for the refusal.

Note 1:       Section 67 deals with giving notices under this Act.

Note 2:       Section 68 deals with disclosing reasons for decisions.

Permit conditions

             (7)  A permit given to a registered broker is subject to any conditions specified in the permit.

Note:          Section 17 deals with changing permit conditions.

Revoking a permit

             (8)  The Minister may, by writing, revoke a permit given to a registered broker under this section.

Note:          See also subsection 23(3) (about automatic revocation of a permit under this section upon cancellation of the broker’s registration).

             (9)  However, the Minister may revoke the permit only if the Minister is satisfied that any activity covered by an arrangement authorised by the permit would prejudice the security, defence or international relations of Australia.

           (10)  The Minister must give the broker notice of the revocation and the reasons for the revocation. The revocation takes effect at the time the broker receives the notice.

Note 1:       Section 67 deals with giving notices under this Act.

Note 2:       Section 68 deals with disclosing reasons for decisions.

17   Changing permit conditions

Imposing new conditions

             (1)  After giving a registered broker a permit under section 16, the Minister may impose a new permit condition by giving the broker notice of the condition. The notice must include the reasons for imposing the new condition.

Removing or varying conditions

             (2)  The Minister may remove or vary a condition of the permit by giving the broker notice of the removal or variation. For a variation of a condition, the notice must include the reasons for the variation.

When new conditions or variations take effect

             (3)  The imposition of a new permit condition under subsection (1), or the variation of a permit condition under subsection (2), takes effect at the time specified in the notice, which must be at least 7 days after the day on which the notice is given.

             (4)  However, the notice may specify that the new permit condition or the variation takes effect at the time the broker receives the notice if the Minister is satisfied that the new permit condition or variation needs to take effect then for reasons of urgency.

Note 1:       Section 67 deals with giving notices under this Act.

Note 2:       Section 68 deals with disclosing reasons for decisions.

18   Breaching permit conditions

             (1)  A registered broker commits an offence if:

                     (a)  the broker is the holder of a permit under section 16; and

                     (b)  the broker does an act or omits to do an act; and

                     (c)  the act or omission breaches a condition of the permit.

Penalty:  60 penalty units.

             (2)  An offence against subsection (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code .

             (3)  Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against subsection (1).



 

Division 3 Registered brokers

19   Applying to be a registered broker

                   A person may apply to the Minister to be registered as a broker under this Division.

Note 1:       Section 66 sets out application requirements.

Note 2:       Only a registered broker is able to obtain a permit under Division 2. A person may commit an offence under that Division for engaging in certain conduct without a permit.

20   Registering brokers

Minister’s decision

             (1)  If a person makes an application under section 19 in accordance with section 66, the Minister must decide whether or not to register the person as a broker under this Division.

             (2)  The Minister must, in writing, register the person as a broker under this Division if the Minister is satisfied that the person is a fit and proper person.

             (3)  In determining whether the person is a fit and proper person, the Minister must have regard to:

                     (a)  any conviction of the person of an offence against a law of the Commonwealth, a State, a Territory or a foreign country punishable by imprisonment for 12 months or longer, if that offence was committed within the 10 years immediately before the application for registration; and

                     (b)  if the person has been previously registered under this Division—whether the person breached a condition of that registration or whether that registration was cancelled; and

                     (c)  if the person has been given a permit under this Part—whether the person has breached a condition of that permit; and

                     (d)  the financial position of the person; and

                     (e)  whether the application for registration contains information that is false or misleading; and

                      (f)  if the person is a body corporate—the following matters in relation to a manager of the body corporate:

                              (i)  any conviction of the manager of an offence covered by paragraph (a);

                             (ii)  the financial position of the manager.

The Minister may have regard to any other matters that the Minister considers appropriate.

             (4)  If the Minister is not satisfied that the person is a fit and proper person, the Minister must refuse to register the person as a broker under this Division.

Notice of decision

             (5)  The Minister must give the person notice of the Minister’s decision on the application. For a decision refusing registration, the notice must set out the reasons for the refusal.

Note 1:       Section 67 deals with giving notices under this Act.

Note 2:       Section 68 deals with disclosing reasons for decisions.

Period of registration

             (6)  If the Minister registers the person as a broker under this Division, the Minister must specify in the notice under subsection (5) the day on which the registration begins. The registration is for a period of 5 years, unless cancelled earlier.

Note:          Section 21 deals with renewing registration and section 23 deals with cancelling registration.

Conditions of registration

             (7)  A registered broker’s registration is subject to any conditions specified in the notice under subsection (5).

Note:          Section 22 deals with changing conditions of registration.

21   Renewing registration

Application for renewal

             (1)  A registered broker may apply to the Minister to renew the person’s registration (the current registration ).

Note:          Section 66 sets out application requirements.

             (2)  An application under subsection (1) must be made at least 3 months but not more than 6 months before the current registration is due to end.

Minister’s decision

             (3)  If a person makes an application under subsection (1) in accordance with subsection (2) and section 66, the Minister must decide whether or not to renew the person’s current registration.

             (4)  The Minister must, in writing, renew the person’s current registration if the Minister is satisfied that the person is a fit and proper person.

             (5)  In determining whether a person is a fit and proper person, the Minister must have regard to:

                     (a)  any conviction of the person of an offence against a law of the Commonwealth, a State, a Territory or a foreign country punishable by imprisonment for 12 months or longer, if that offence was committed within the 10 years immediately before the application for renewal; and

                     (b)  whether the person has breached a condition of the current registration; and

                     (c)  if the person has been given a permit under this Part—whether the person has breached a condition of that permit; and

                     (d)  the financial position of the person; and

                     (e)  whether the application for renewal contains information that is false or misleading; and

                      (f)  if the person is a body corporate—the following matters in relation to a manager of the body corporate:

                              (i)  any conviction of the manager of an offence covered by paragraph (a);

                             (ii)  the financial position of the manager.

The Minister may have regard to any other matters that the Minister considers appropriate.

             (6)  If the Minister is not satisfied that the person is a fit and proper person, the Minister must refuse to renew the person’s current registration.

Notice of decision

             (7)  The Minister must give the person notice of the Minister’s decision on the application. For a decision refusing renewal, the notice must set out the reasons for the refusal.

Note 1:       Section 67 deals with giving notices under this Act.

Note 2:       Section 68 deals with disclosing reasons for decisions.

Minister renews registration before expiry of registration

             (8)  If the Minister renews the person’s current registration before the end of the period of that registration and that registration is not cancelled before the end of that period:

                     (a)  that registration is renewed for a period of 5 years beginning on the day after the last day of the current registration, unless cancelled earlier; and

                     (b)  that registration is renewed subject to the conditions applying to the current registration immediately before the renewal begins.

Note:          Section 23 deals with cancelling registration and section 22 deals with changing conditions of registration.

Minister does not renew registration before expiry of registration

             (9)  If the Minister has not made a decision on the application before the end of the last day (the expiry day ) of the current registration:

                     (a)  that registration is taken to continue after the expiry day until the person receives notice of the Minister’s decision on the application, unless the registration is cancelled earlier; and

                     (b)  if the Minister renews the person’s current registration:

                              (i)  that registration is renewed for a period of 5 years beginning on the day after the expiry day, unless cancelled earlier; and

                             (ii)  the conditions applying to the current registration immediately before the Minister’s decision continue to apply after the Minister’s decision.

Note:          Section 23 deals with cancelling registration and section 22 deals with changing conditions of registration.

Example:    An individual’s registration is due to end on 31 October (the expiry day ). On 1 June the individual applies to renew the registration. The Minister has not decided the application by the end of 31 October.

                   The registration continues automatically past 31 October until the Minister decides the application. The conditions applying to the registration at the end of 31 October will continue to apply after 31 October and these may be changed under section 22.

                   On 1 December the Minister renews the individual’s registration. The registration is renewed for a period of 5 years beginning on 1 November.

                   The conditions applying to the registration immediately before the Minister’s decision on 1 December will continue to apply after that decision.

Registration may be renewed more than once

           (10)  A registered broker’s registration may be renewed more than once under this section.

22   Changing registration conditions

Imposing new conditions

             (1)  After registering a person as a broker under this Division, the Minister may impose a new condition on the broker’s registration by giving the broker notice of the condition. The notice must include the reasons for imposing the new condition.

Removing or varying conditions

             (2)  The Minister may remove or vary a condition of a registered broker’s registration by giving the broker notice of the removal or variation. For a variation of a condition, the notice must include the reasons for the variation.

Note 1:       Section 67 deals with giving notices under this Act.

Note 2:       Section 68 deals with disclosing reasons for decisions.

23   Cancelling the registration of a broker

             (1)  The Minister may, by writing, cancel the registration of a registered broker:

                     (a)  if the Minister is satisfied that the broker has breached a condition of the registration; or

                     (b)  if the Minister is satisfied that the broker has breached a condition of a permit given to the broker under this Part; or

                     (c)  if the broker is convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country punishable by imprisonment for 12 months or longer; or

                     (d)  if the Minister is satisfied that the broker’s application under section 19 for the registration, or an application by the broker under subsection 21(1) to renew the registration, contained information that was false or misleading; or

                     (e)  in any other circumstances that the Minister considers appropriate.

             (2)  The Minister must give the broker notice of the cancellation and the reasons for the cancellation. The cancellation takes effect at the time the broker receives the notice.

Note 1:       Section 67 deals with giving notices under this Act.

Note 2:       Section 68 deals with disclosing reasons for decisions.

Automatic revocation of permits

             (3)  If the Minister cancels a person’s registration as a registered broker, any permit held by the person under section 16 is taken to be revoked at the time that cancellation takes effect.

24   Register of Brokers

             (1)  The Secretary is to maintain a register, to be known as the Register of Brokers, in which the Secretary includes the following details for each registered broker:

                     (a)  the name of the broker;

                     (b)  the day on which the broker’s registration is due to end;

                     (c)  a statement as to whether the broker’s registration is subject to conditions.

             (2)  The Register is to be maintained by electronic means.

             (3)  The Register is to be made available for inspection on the Department’s website.

             (4)  The Register is not a legislative instrument.

25   Extended meaning of conviction

                   A reference in this Division to a person convicted of an offence includes a reference to a person in respect of whom an order has been made relating to the offence under:

                     (a)  section 19B of the Crimes Act 1914 ; or

                     (b)  a corresponding provision of a law of a State, a Territory or a foreign country.

Note:          Section 19B of the Crimes Act 1914 empowers a court that has found a person to have committed an offence to take action without proceeding to record a conviction.