Commonwealth Consolidated Acts

DEFENCE TRADE CONTROLS ACT 2012

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Simplified outline of this Act  
   4.      Definitions  
   5.      US Defence Articles  
   5A.     Arranging for persons to supply goods or DSGL technology  
   5AA.    Australian Military Sales Program items  
   5B.     Constitutional supplies and constitutional DSGL services  
   5C.     Relevant supplies and relevant DSGL services  
   6.      Crown to be bound  
   7.      Extension to external Territories  
   8.      Extension to things outside Australia  
   9.      Severability--additional effect of Act  

   PART 2--DEALINGS--IN ITEMS IN THE DEFENCE AND STRATEGIC GOODS LIST

           Division 1A--Simplified outline of this Part

   9A.     Simplified outline of this Part  

           Division 1--Primary offences

   10.     Offence--supply of DSGL technology from in Australia to outside Australia  
   10A.    Offence--supply of DSGL technology in Australia to foreign person  
   10B.    Offence--certain supplies of DSGL goods or DSGL technology from outside Australia  
   10C.    Offence--provision of DSGL services outside Australia  
   11.     Permits for the purposes of sections 10 to 10C  
   12.     Changing permit conditions  
   13.     Breaching permit conditions  
   14.     Minister's notice prohibiting activities  
   14A.    Offence--publishing DSGL technology in Part 1 of the Defence and Strategic Goods List  
   14B.    Minister's notice prohibiting publication of DSGL technology  
   14C.    Secretary's notice prohibiting publication of DSGL technology  

           Division 2--Brokering offences

   15.     Offence--arranging supplies in relation to the Defence and Strategic Goods List  
   15A.    Minister's notice prohibiting arranging of supplies in relation to 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  
   16.     Permits for purposes of section 15 or 15B  
   17.     Changing permit conditions  
   18.     Breaching permit conditions  

           Division 3--Registered brokers

   19.     Applying to be a registered broker  
   20.     Registering brokers  
   21.     Renewing registration  
   22.     Changing registration conditions  
   23.     Cancelling the registration of a broker  
   24.     Register of Brokers  
   25.     Extended meaning of conviction  

           Division 4--Other matters

   25A.    Deciding if things prejudicial to the security, defence or international relations of Australia  

   PART 3--DEFENSE--TRADE COOPERATION TREATY

           Division 1--Simplified outline of this Part

   26.     Simplified outline of this Part  

           Division 2--Membership of the Australian Community

   27.     Approval of bodies corporate as members of the Australian Community  
   28.     Approval conditions  
   29.     Suspending an approval  
   30.     Cancelling an approval  

           Division 3--Main offences

   31.     US Defence Articles listed in the Defense Trade Cooperation Munitions List  
   32.     US Defence Articles exempt from the scope of the Defense Trade Cooperation Treaty  

           Division 4--Ministerial directions

   33.     Ministerial directions--avoiding prejudice to the security, defence or international relations of Australia  
   34.     Ministerial directions--suspension or cancellation of approvals  

           Division 5--Other matters

   35.     Transition to the Defense Trade Cooperation Treaty  
   36.     Defense Trade Cooperation Munitions List  

   PART 4--MONITORING--POWERS

           Division 1--Preliminary

   37.     Simplified outline of this Part  
   38.     No limit on section 71  

           Division 2--Appointment of authorised officers and issue of identity cards

   39.     Appointment of authorised officers  
   40.     Identity cards  

           Division 3--Powers of authorised officers

   41.     Authorised officer may enter premises  
   42.     Monitoring powers of authorised officers  
   43.     Authorised officer may require person to answer questions or produce documents  
   44.     Self - incrimination  

           Division 4--Obligations of authorised officers

   45.     Announcement before entry  
   46.     Occupier to be informed of rights and responsibilities  

           Division 5--Occupier's rights and responsibilities

   47.     Occupier entitled to observe search  
   48.     Occupier to provide authorised officer with facilities and assistance  

           Division 6--Other matters

   49.     Tampering etc. with things secured  
   50.     Persons assisting authorised officers  
   51.     Compensation for damage to electronic equipment  

   PART 5--INFORMATION---GATHERING POWERS

   51A.    Simplified outline of this Part  
   52.     Secretary may obtain information and documents  
   53.     Copying documents--compensation  
   54.     Secretary may inspect and copy original documents  
   55.     Secretary may retain copies of documents  
   56.     Secretary may retain original documents  
   57.     Self - incrimination  

   PART 6--RECORD---KEEPING

   57A.    Simplified outline of this Part  
   58.     Keeping and retaining records  
   59.     Production of records  
   60.     Secretary may inspect and copy records  
   61.     Secretary may retain records  
   62.     Self - incrimination  

   PART 7--REVIEW--OF DECISIONS

   62A.    Simplified outline of this Part  
   63.     Reviewable decisions  
   64.     Internal review by Minister of reviewable decisions  
   65.     Review by the Administrative Review Tribunal  

   PART 8--OTHER--MATTERS

   65A.    Simplified outline of this Part  
   66.     Applications under Part 2 or 3  
   67.     Notices, permits and approvals under this Act  
   68.     Disclosure of reasons for decisions  
   69.     Disclosure of information and documents  
   70.     Injunctions  
   71.     Forfeiture  
   72.     Evidential certificates  
   73.     Delegation by Minister  
   74.     Delegation by Secretary  
   74A.    Strengthened Export Controls Steering Group  
   74B.    Reviews of operation of Act  
   75.     Regulations