26   Simplified outline

                   The following is a simplified outline of this Part:

27   Approval of bodies corporate as members of the Australian Community

             (1)  A person who is a body corporate may apply to the Minister for approval as a member of the Australian Community referred to in Article 4(1)(c) of the Defense Trade Cooperation Treaty.

Note 1:       Section 66 sets out application requirements.

Note 2:       The offences in section 10 (about supplies and provision of defence services relating to the Defence and Strategic Goods List) may not apply to the holder of an approval.

Minister’s decision

             (2)  If a person makes an application under subsection (1) in accordance with section 66, the Minister must, in writing, approve, or refuse to approve, the person as a member of the Australian Community.

             (3)  In deciding whether to approve the person as a member of the Australian Community, the Minister must have regard to:

                     (a)  whether the person has access to a facility that is included, or that is capable of being included, on a list, managed by the Department, of facilities accredited for storing and handling classified information and material; and

                     (b)  any conviction of the person of:

                              (i)  an offence against this Act or the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 ; or

                             (ii)  an offence against the Customs Act 1901 or regulations made under that Act; or

                            (iii)  an offence against the Arms Export Control Act of the United States of America (22 United States Code, Chapter 39) or the International Traffic in Arms Regulations (22 Code of Federal Regulations, Parts 120-130) made under that Act;

                            if that offence was committed within the 10 years immediately before the application for approval; and

                     (c)  whether the person’s holding of such an approval would prejudice the security, defence or international relations of Australia; and

                     (d)  whether the application for approval contains information that is false or misleading; and

                     (e)  the extent of any foreign ownership or control (whether direct or indirect) of the body corporate; and

                      (f)  the following matters in relation to a manager of the body corporate:

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

                             (ii)  whether the manager is an Australian citizen.

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

             (4)  The Minister must not approve the person as a member of the Australian Community unless the Minister is satisfied that the Government of the United States of America has agreed in writing to the approval being given.

             (5)  If the Minister approves the person as a member of the Australian Community, the Minister must give the person the approval.

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

Note 2:       Section 28 deals with approval conditions.

             (6)  If the Minister refuses to approve the person as a member of the Australian Community, 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.

When approval begins

             (7)  If the Minister approves the person as a member of the Australian Community, the Minister must specify in the approval the day on which the approval begins.

Extended meaning of conviction

             (8)  A reference in this section 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 the United States of America.

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.

Approval not a legislative instrument

             (9)  An approval under this section is not a legislative instrument.

28   Approval conditions

Conditions of an approval

             (1)  An approval given to a person under section 27 is subject to:

                     (a)  any conditions specified in the approval; and

                     (b)  a condition that the person must allow an authorised officer, in accordance with section 41, to enter any premises referred to in that section for the purpose of finding out whether the person has complied with this Part or Part 6 or another condition of the approval; and

Note:       Part 4 sets out the monitoring powers that an authorised officer may exercise in relation to those premises.

                     (c)  any conditions prescribed by the regulations in relation to:

                              (i)  access to Article 3(1) US Defence Articles or Article 3(3) US Defence Articles in the person’s possession, custody or control; or

                             (ii)  access to technology relating to original goods, being technology in the person’s possession, custody or control; and

                     (d)  any conditions prescribed by the regulations in relation to:

                              (i)  investigating or reporting the loss, theft or destruction of Article 3(1) US Defence Articles or Article 3(3) US Defence Articles in the person’s possession, custody or control; or

                             (ii)  investigating or reporting the loss, theft or destruction of technology relating to original goods, being technology in the person’s possession, custody or control; and

                     (e)  any conditions prescribed by the regulations in relation to:

                              (i)  the marking, handling or storing of Article 3(1) US Defence Articles or Article 3(3) US Defence Articles in the person’s possession, custody or control; or

                             (ii)  the marking, handling or storing of technology relating to original goods, being technology in the person’s possession, custody or control; and

                      (f)  in relation to defence services provided by the person in relation to goods that are an Article 3(1) US Defence Article or an Article 3(3) US Defence Article or to technology relating to original goods—any conditions prescribed by the regulations in relation to the provision, by the person to the recipient of the services, of documentation:

                              (i)  for defence services provided in relation to goods that are an Article 3(1) US Defence Article or an Article 3(3) US Defence Article—identifying the goods; or

                             (ii)  for defence services provided in relation to technology relating to original goods—identifying the technology and the goods; and

                     (g)  any conditions prescribed by the regulations in relation to the person giving reports relating to the person’s compliance with this Act and the regulations; and

                     (h)  any conditions prescribed by the regulations in relation to Australian Defence Articles (within the meaning of the regulations) in the person’s possession, custody or control.

Changing approval conditions

             (2)  After giving the approval, the Minister may impose a new approval condition by giving the person notice of the condition. The notice must include the reasons for imposing the new condition.

             (3)  The Minister may remove or vary a condition of the approval imposed under paragraph (1)(a) or subsection (2) 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.

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

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

Ordinary offence

             (4)  A person commits an offence if:

                     (a)  the person is the holder of an approval under section 27; and

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

                     (c)  the act or omission breaches a condition of the approval; and

                     (d)  the condition is one covered by paragraph (1)(c), (d), (e) or (f) of this section.

Penalty:  600 penalty units.

Strict liability offence

             (5)  A person commits an offence if:

                     (a)  the person is the holder of an approval under section 27; and

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

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

Penalty:  300 penalty units.

             (6)  An offence against subsection (5) is an offence of strict liability.

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

Geographical jurisdiction

             (7)  Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against subsection (4) or (5).

Notice not a legislative instrument

             (8)  A notice under subsection (2) or (3) is not a legislative instrument.

29   Suspending an approval

             (1)  The Minister may, by writing, suspend an approval given to a person under section 27:

                     (a)  if the Minister reasonably believes that the person has contravened a provision of this Act; or

                     (b)  if the Minister reasonably believes that the person has breached a condition of the approval; or

                     (c)  if the Minister is satisfied that the person’s holding of the approval prejudices the security, defence or international relations of Australia; or

                     (d)  if the Minister is satisfied that the person’s application under section 27 for the approval contained information that was false or misleading; or

                     (e)  if the Minister is satisfied that it is appropriate to do so because of a change in any of the circumstances based on which the Minister gave the approval; or

                      (f)  in any other circumstances prescribed by the regulations for the purposes of this paragraph.

             (2)  The Minister must give the person notice of the suspension and the reasons for the suspension. The suspension 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.

             (3)  The Minister must specify in the notice under subsection (2):

                     (a)  a period of suspension (which must not be more than 60 days); or

                     (b)  one or more conditions for the lifting of the suspension.

Lifting of suspension

             (4)  If 2 or more conditions are specified for the lifting of the suspension, one of them may be that a specified period of suspension has ended (which must not be more than 60 days).

             (5)  If:

                     (a)  the Minister specifies one or more conditions for the lifting of the suspension; and

                     (b)  the Minister is satisfied that those conditions have been met;

the Minister may, by notice given to the person, lift the suspension. The suspension is lifted at the time the person receives the notice.

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

Effect of suspension

             (6)  Subject to subsection (7), the holder of an approval under section 27 that is suspended under this section is taken not to hold the approval at any time while the suspension has effect.

             (7)  If an approval given to a body corporate under section 27 is suspended under this section:

                     (a)  for the purposes of the application of sections 28, 31, 32 and 33, Part 4 and subsection 58(3) to the body corporate—the body corporate is taken to continue to hold the approval while the suspension has effect; and

                     (b)  for the purposes of the application of sections 31, 32 and 33 to a person referred to in paragraph (c) of the definition of Australian Community member in subsection 4(1)—the body corporate is taken to continue to hold the approval while the suspension has effect.

             (8)  An approval under section 27 may be cancelled under section 30 even while it is suspended under this section.

Non-legislative instruments

             (9)  The following are not legislative instruments:

                     (a)  a suspension under this section;

                     (b)  a notice under subsection (5).

30   Cancelling an approval

             (1)  The Minister may, by writing, cancel an approval given to a person under section 27:

                     (a)  if the Minister reasonably believes that the person has contravened a provision of this Act; or

                     (b)  if the Minister reasonably believes that the person has breached a condition of the approval; or

                     (c)  if the Minister is satisfied that the person’s holding of the approval prejudices the security, defence or international relations of Australia; or

                     (d)  if the Minister is satisfied that the person’s application under section 27 for the approval contained information that was false or misleading; or

                     (e)  if the person requests the Minister, in writing, to cancel the approval; or

                      (f)  if the Minister is satisfied that it is appropriate to do so because of a change in any of the circumstances based on which the Minister gave the approval; or

                     (g)  in any other circumstances prescribed by the regulations for the purposes of this paragraph.

             (2)  The Minister must give the person notice of the cancellation and the reasons for the cancellation. The cancellation 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.

             (3)  A cancellation under this section is not a legislative instrument.

31   US Defence Articles listed in the Defense Trade Cooperation Munitions List

Dealings outside Australia and the USA

             (1)  An Australian Community member (the supplier ) commits an offence if:

                     (a)  the supplier supplies goods, or supplies technology relating to goods, where the supply is to a place that is outside Australia and is outside the United States of America; and

                     (b)  the supply is of goods that are an Article 3(1) US Defence Article or an Article 3(3) US Defence Article or the supply is of technology relating to original goods; and

                     (c)  there is no notice in force under subsection (8) in relation to the supplier and the supply; and

                     (d)  at the time of the supply, the following is listed in Part 1 of the Defense Trade Cooperation Munitions List:

                              (i)  if the supply is of original goods or is of technology relating to original goods—the original goods;

                             (ii)  if the supply is of incorporated goods—any of the original goods incorporated in the incorporated goods.

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

Note:          See also section 35 (about transition to the Defense Trade Cooperation Treaty).

             (2)  An Australian Community member (the provider ) commits an offence if:

                     (a)  the provider provides defence services in relation to goods or in relation to technology relating to goods, where the defence services are received at a place that is outside Australia and is outside the United States of America; and

                     (b)  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

                     (c)  there is no notice in force under subsection (8) in relation to the provider and the provision of the defence services; and

                     (d)  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.

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

Note:          See also section 35 (about transition to the Defense Trade Cooperation Treaty).

Dealings in Australia or the USA outside the Treaty framework

             (3)  An Australian Community member (the supplier ) commits an offence if:

                     (a)  the supplier supplies goods, or supplies technology relating to goods, where the supply is to a place in Australia or in the United States of America; and

                     (b)  the supply is of goods that are an Article 3(1) US Defence Article or an Article 3(3) US Defence Article or the supply is of technology relating to original goods; and

                     (c)  the supply is to none of the following:

                              (i)  the Commonwealth;

                             (ii)  an Australian Community member;

                            (iii)  an Australian Community facility;

                            (iv)  a member of the United States Community; and

                     (d)  there is no notice in force under subsection (8) in relation to the supplier and the supply; and

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

                              (i)  if the supply is of original goods or is of technology relating to original goods—the original goods;

                             (ii)  if the supply is of incorporated goods—any of the original goods incorporated in the incorporated goods.

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

Note:          See also section 35 (about transition to the Defense Trade Cooperation Treaty).

             (4)  An Australian Community member (the provider ) commits an offence if:

                     (a)  the provider provides defence services in relation to goods or in relation to technology relating to goods, where the defence services are received at a place in Australia or in the United States of America; and

                     (b)  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

                     (c)  the provision of the defence services is to none of the following:

                              (i)  the Commonwealth;

                             (ii)  an Australian Community member;

                            (iii)  a member of the United States Community; and

                     (d)  there is no notice in force under subsection (8) in relation to the provider and the provision of the defence services; 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.

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

Note:          See also section 35 (about transition to the Defense Trade Cooperation Treaty).

Dealings in Australia or the USA within the Treaty framework

             (5)  An Australian Community member (the supplier ) commits an offence if:

                     (a)  the supplier supplies goods, or supplies technology relating to goods, where the supply is to:

                              (i)  a place in Australia or in the United States of America; and

                             (ii)  the Commonwealth, an Australian Community member, an Australian Community facility or a member of the United States Community; and

                     (b)  the supply is of goods that are an Article 3(1) US Defence Article or an Article 3(3) US Defence Article or the supply is of technology relating to original goods; and

                     (c)  neither of the following apply:

                              (i)  the supply is for an activity referred to in Article 3(1)(a), (b) or (c) of the Defense Trade Cooperation Treaty, being an activity that is publicly identified in accordance with paragraph (5) of Section 2 of the Implementing Arrangements;

                             (ii)  the supply is for an activity referred to in Article 3(1)(d) of the Defense Trade Cooperation Treaty, being an activity that is open to participation by Australian Community members as mentioned in paragraph (1)(b) of Section 3 of the Implementing Arrangements; and

                     (d)  there is no notice in force under subsection (8) in relation to the supplier and the supply; and

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

                              (i)  if the supply is of original goods or is of technology relating to original goods—the original goods;

                             (ii)  if the supply is of incorporated goods—any of the original goods incorporated in the incorporated goods.

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

Note:          See also section 35 (about transition to the Defense Trade Cooperation Treaty).

             (6)  An Australian Community member (the provider ) commits an offence if:

                     (a)  the provider provides defence services in relation to goods or in relation to technology relating to goods, where the defence services are received:

                              (i)  at a place in Australia or in the United States of America; and

                             (ii)  by the Commonwealth, an Australian Community member or a member of the United States Community; and

                     (b)  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

                     (c)  neither of the following apply:

                              (i)  the defence services are for an activity referred to in Article 3(1)(a), (b) or (c) of the Defense Trade Cooperation Treaty, being an activity that is publicly identified in accordance with paragraph (5) of Section 2 of the Implementing Arrangements;

                             (ii)  the defence services are for an activity referred to in Article 3(1)(d) of the Defense Trade Cooperation Treaty, being an activity that is open to participation by Australian Community members as mentioned in paragraph (1)(b) of Section 3 of the Implementing Arrangements; and

                     (d)  there is no notice in force under subsection (8) in relation to the provider and the provision of the defence services; 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.

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

Note:          See also section 35 (about transition to the Defense Trade Cooperation Treaty).

Exception—regulations

             (7)  Subsection (1), (2), (3), (4), (5) or (6) 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 .

Notice approving supply or provision of defence services

             (8)  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

             (9)  Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against this section.

Notice not a legislative instrument

           (10)  A notice under subsection (8) is not a legislative instrument.

Definition

           (11)  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.

32   US Defence Articles exempt from the scope of the Defense Trade Cooperation Treaty

Dealings in US Defence Articles prior to authorisation

             (1)  An Australian Community member commits an offence if:

                     (a)  the member supplies goods or supplies technology relating to goods; and

                     (b)  the supply is of goods that are an Article 3(1) US Defence Article or an Article 3(3) US Defence Article or the supply is of technology relating to original goods; and

                     (c)  at the time of the supply, the following is listed in Part 2 of the Defense Trade Cooperation Munitions List:

                              (i)  if the supply is of original goods or is of technology relating to original goods—the original goods;

                             (ii)  if the supply is of incorporated goods—any of the original goods incorporated in the incorporated goods; and

                     (d)  at the time of the supply, there is neither a licence or other authorisation granted by the Government of the United States of America, nor a notice under subsection (4), in force in relation to the Australian Community member and in relation to:

                              (i)  if the supply is of original goods—the original goods; or

                             (ii)  if the supply is of incorporated goods—each of the original goods incorporated in the incorporated goods and listed as described in subparagraph (c)(ii); or

                            (iii)  if the supply is of technology relating to original goods—the technology.

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

Note:          See also section 35 (about transition to the Defense Trade Cooperation Treaty).

             (2)  An Australian Community member commits an offence if:

                     (a)  the member provides defence services in relation to goods or in relation to technology relating to goods; and

                     (b)  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

                     (c)  at the time of the provision of the defence services, the following is listed in Part 2 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; and

                     (d)  at the time of the provision of the defence services, there is neither a licence or other authorisation granted by the Government of the United States of America, nor a notice under subsection (4), in force in relation to the Australian Community member and in relation to:

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

                             (ii)  if the defence services are provided in relation to incorporated goods—each of the original goods incorporated in the incorporated goods and listed as described in subparagraph (c)(ii); or

                            (iii)  if the defence services are provided in relation to technology relating to original goods—the technology.

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

Note:          See also section 35 (about transition to the Defense Trade Cooperation Treaty).

Control of US Defence Articles after authorisation

             (3)  An Australian Community member commits an offence if:

                     (a)  the member has goods, or technology relating to goods, in the member’s possession, custody or control; and

                     (b)  the goods in the member’s possession, custody or control are an Article 3(1) US Defence Article or an Article 3(3) US Defence Article or the technology in the member’s possession, custody or control is technology relating to original goods; and

                     (c)  the following is listed in Part 2 of the Defense Trade Cooperation Munitions List:

                              (i)  if the goods in the member’s possession, custody or control are original goods or the technology in the member’s possession, custody or control is technology relating to original goods—the original goods;

                             (ii)  if the goods in the member’s possession, custody or control are incorporated goods—any of the original goods incorporated in the incorporated goods; and

                     (d)  a notice under subsection (4) is in force in relation to the Australian Community member and in relation to:

                              (i)  if the goods in the member’s possession, custody or control are original goods—the original goods; or

                             (ii)  if the goods in the member’s possession, custody or control are incorporated goods—any of the original goods incorporated in the incorporated goods; or

                            (iii)  if the technology in the member’s possession, custody or control is technology relating to original goods—the technology; and

                     (e)  the Australian Community member contravenes a condition specified in the notice.

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

Note:          See also section 35 (about transition to the Defense Trade Cooperation Treaty).

Notices

             (4)  The Minister may give an Australian Community member a notice in relation to:

                     (a)  specified goods; or

                     (b)  specified technology relating to specified goods.

The notice may specify one or more conditions that apply in relation to the Australian Community member and the goods referred to in paragraph (a) or the technology referred to in paragraph (b).

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

Geographical jurisdiction

             (5)  Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against this section.

Notice not a legislative instrument

             (6)  A notice under subsection (4) is not a legislative instrument.

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).

34   Ministerial directions—suspension or cancellation of approvals

Suspension of approvals

             (1)  If under Division 2 the Minister suspends an approval given to a person under section 27, the Minister may give the person a notice directing the person to:

                     (a)  take specified action; or

                     (b)  refrain from taking specified action;

in relation to either or both of the following:

                     (c)  Article 3(1) US Defence Articles or Article 3(3) US Defence Articles in the person’s possession, custody or control at the time the suspension takes effect;

                     (d)  technology relating to original goods, being technology in the person’s possession, custody or control at the time the suspension takes effect.

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

             (2)  A notice given to a person under subsection (1) comes into force at the time the person receives the notice.

             (3)  A notice given to a person under subsection (1) ceases to be in force once the suspension ceases to have effect.

Cancellation of approvals

             (4)  If under Division 2 the Minister cancels an approval given to a person under section 27, the Minister may give the person a notice directing the person to:

                     (a)  take specified action; or

                     (b)  refrain from taking specified action;

in relation to either or both of the following:

                     (c)  Article 3(1) US Defence Articles or Article 3(3) US Defence Articles in the person’s possession, custody or control at the time the cancellation takes effect;

                     (d)  technology relating to original goods, being technology in the person’s possession, custody or control at the time the cancellation takes effect.

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

             (5)  A notice given to a person under subsection (4) comes into force at the time the person receives the notice.

             (6)  The Minister may, by writing, revoke a notice given to a person under subsection (4).

             (7)  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

             (8)  A person commits an offence if:

                     (a)  a notice given to the person under subsection (1) or (4) is in force; and

                     (b)  the person fails to comply with the notice.

Penalty:  12,500 penalty units.

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

Notice not a legislative instrument

           (10)  A notice under subsection (1) or (4) is not a legislative instrument.

35   Transition to the Defense Trade Cooperation Treaty

             (1)  This section applies if:

                     (a)  a person who is an Australian Community member received (at any time before or after the person became an Australian Community member) goods (the transition goods ), or technology (the transition technology ) relating to goods, from a member of the United States Community; and

                     (b)  the member of the United States Community provided the goods or technology under a licence or other authorisation granted by the Government of the United States of America; and

                     (c)  the person applies to the Minister for a notice under subsection (2).

Note:          Section 66 sets out application requirements.

Approving transition to Treaty

             (2)  If a person makes an application under subsection (1) in accordance with section 66 and the Minister is satisfied that the requirements prescribed by the regulations for the purposes of this subsection are satisfied in relation to the person, the Minister may give the person a notice specifying one or more of the following:

                     (a)  the transition goods are taken to be an Article 3(1) US Defence Article within the meaning of subsection 5(1);

                     (b)  the transition goods are taken to be an Article 3(3) US Defence Article within the meaning of subsection 5(4);

                     (c)  the transition technology is taken to be technology relating to an Article 3(1) US Defence Article within the meaning of subsection 5(1);

                     (d)  the transition technology is taken to be technology relating to an Article 3(3) US Defence Article within the meaning of subsection 5(4).

Note 1:       Goods incorporating transition goods are also an Article 3(1) US Defence Article or an Article 3(3) US Defence Article: see subsections 5(2) and (5).

Note 2:       Section 67 deals with giving notices under this Act.

             (3)  A notice given to a person under subsection (2) comes into force at the time the person receives the notice.

             (4)  A notice under subsection (2) has effect according to its terms.

Refusing to approve transition to Treaty

             (5)  If the Minister refuses to give the person a notice under subsection (2), 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.

Notice not a legislative instrument

             (6)  A notice under subsection (2) is not a legislative instrument.

36   Defense Trade Cooperation Munitions List

             (1)  The Minister must make a document to be known as the Defense Trade Cooperation Munitions List.

             (2)  The document must contain 2 Parts.

             (3)  Part 1 is to contain a list of goods that are within the scope of the Defense Trade Cooperation Treaty. The goods listed in Part 1 must be either or both of the following:

                     (a)  goods listed in the Defence and Strategic Goods List;

                     (b)  goods listed in the United States Munitions List referred to in Article 1(1)(n) of the Defense Trade Cooperation Treaty.

             (4)  Part 2 is to contain a list of goods that are exempt from the scope of the Defense Trade Cooperation Treaty.

             (5)  The document made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the document.