Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 153, 2012
Compilation No. 9
Compilation date: 14 October 2024
Includes amendments: Act No. 38, 2024
About this compilation
This compilation
This is a compilation of the Defence Trade Controls Act 2012 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement
3 Simplified outline of this Act
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
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
153, 2012 | 13 Nov 2012 | s 3-9, 26-57, 58(3)-(8) and 59-74: 6 June 2013 (s 2(1) items 2, 9, 11) |
| |
62, 2014 | 30 June 2014 | Sch 8 (item 120) and Sch 14: 1 July 2014 (s 2(1) items 6, 14) | Sch 14 | |
as amended by |
|
|
|
|
Public Governance and Resources Legislation Amendment Act (No. 1) 2015 | 36, 2015 | 13 Apr 2015 | Sch 2 (items 7-9) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
as amended by |
|
|
|
|
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2015 (s 2(1) item 2) | -- |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | -- |
31, 2015 | 2 Apr 2015 | Sch 1 (items 1-15, 52-77): 2 Apr 2015 (s 2(1) items 2, 8) | -- | |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 169): 5 Mar 2016 (s 2(1) item 2) | -- |
Intelligence Services Amendment (Establishment of the Australian Signals Directorate) Act 2018 | 25, 2018 | 11 Apr 2018 | Sch 1 (items 60-62, 100-108): 1 July 2018 (s 2(1) item 2) | Sch 1 (items 100-108) |
Statute Law Amendment (Prescribed Forms and Other Updates) Act 2023 | 74, 2023 | 20 Sept 2023 | Sch 1 (items 35, 36): 20 Mar 2024 (s 2(1) item 2) | Sch 1 (item 36) |
21, 2024 | 8 Apr 2024 | Sch 1 and 2: 1 Sept 2024 (s 2(1) items 2, 3) | Sch 1 (items 47-50) | |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 | 38, 2024 | 31 May 2024 | Sch 8 (item 5): 14 Oct 2024 (s 2(1) item 2) | -- |
Provision affected | How affected |
Part 1 |
|
s 2..................... | am No 31, 2015 |
s 3..................... | rs No 31, 2015 |
| am No 21, 2024; No 38, 2024 |
s 4..................... | am No 31, 2015; No 25, 2018 |
| am No 21, 2024 |
s 5A.................... | am No 31, 2015 |
s 5AA................... | ad No 21, 2024 |
s 5B.................... | ad No 21, 2024 |
s 5C.................... | ad No 21, 2024 |
| ed C8 |
Part 2 |
|
Division 1A |
|
Division 1A............... | ad No 31, 2015 |
s 9A.................... | ad No 31, 2015 |
| am No 21, 2024 |
Division 1 |
|
s 10.................... | am No 31, 2015; No 25, 2018; No 21, 2024 |
s 10A................... | ad No 21, 2024 |
s 10B................... | ad No 21, 2024 |
s 10C................... | ad No 21, 2024 |
| am No 21, 2024 |
s 11.................... | am No 31, 2015; No 21, 2024 |
s 12.................... | am No 31, 2015 |
s 13.................... | am No 21, 2024 |
s 14.................... | am No 31, 2015; No 21, 2024 |
s 14A................... | rs No 31, 2015 |
s 14B................... | ad No 31, 2015 |
s 14C................... | ad No 31, 2015 |
Division 2 |
|
s 15.................... | am No 31, 2015; No 25, 2018; No 21, 2024 |
s 15A................... | ad No 31, 2015 |
| am No 21, 2024 |
s 15B................... | ad No 31, 2015 |
| am No 21, 2024 |
s 16.................... | am No 31, 2015; No 21, 2024 |
s 17.................... | am No 31, 2015 |
Division 3 |
|
s 20.................... | am No 31, 2015 |
Division 4 |
|
Division 4................ | ad No 31, 2015 |
s 25A................... | ad No 31, 2015 |
| am No 21, 2024 |
Part 3 |
|
Division 1 |
|
Division 1................ | rs No 31, 2015 |
s 26.................... | rs No 31, 2015 |
Division 2 |
|
s 27.................... | am No 21, 2024 |
Division 5 |
|
s 36.................... | am No 126, 2015 |
Part 4 |
|
Division 1 |
|
s 37.................... | rs No 31, 2015 |
Division 2 |
|
s 40.................... | am No 31, 2015; No 74, 2023 |
Division 3 |
|
s 43.................... | am No 31, 2015 |
Division 5 |
|
s 48.................... | am No 31, 2015 |
Division 6 |
|
s 49.................... | am No 31, 2015 |
Part 5 |
|
s 51A................... | ad No 31, 2015 |
Part 6 |
|
s 57A................... | ad No 31, 2015 |
| am No 21, 2024 |
s 58.................... | am No 21, 2024 |
Part 7 |
|
s 62A................... | ad No 31, 2015 |
| am No 38, 2024 |
s 63.................... | am No 31, 2015; No 21, 2024 |
s 64.................... | am No 31, 2015; No 38, 2024 |
s 65.................... | am No 38, 2024 |
Part 8 |
|
s 65A................... | ad No 31, 2015 |
s 68.................... | am No 31, 2015 |
s 69.................... | am No 62, 2014 |
s 72.................... | am No 31, 2015 |
s 73.................... | am No 31, 2015; No 21, 2024 |
s 74.................... | am No 31, 2015 |
s 74B................... | ad No 31, 2015 |