Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person may apply to the Minister for a permit under this section to do an activity that is:
(a) a constitutional supply of DSGL goods; or
(b) a constitutional supply of DSGL technology; or
(c) the provision of constitutional DSGL services.
Note: Section 66 sets out application requirements.
(2) Without limiting subsection (1), an application by a person under that subsection may do one or more of the following:
(a) cover 2 or more activities by the person;
(b) cover one or more activities by the person for a period described in the application;
(c) cover one or more activities by the person for one or more projects described in the application.
(2A) An application by a person under subsection (1), that covers one or more activities by the person for one or more projects described in the application, may also cover one or more activities by one or more other persons (each of whom is a project participant ) for those projects.
Minister's decision
(3) If a person makes an application under subsection (1) in accordance with section 66:
(a) the Minister must decide whether or not to give the person a permit for each activity, by the person, covered by the application; and
(b) if subsection (2A) of this section applies--the Minister must decide whether or not to give each project participant a permit for each activity, by the participant, covered by the application.
(4) The Minister may give a person a permit for 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) Without limiting subsection (4), a permit given by the Minister may do one or more of the following:
(a) cover 2 or more activities;
(b) cover one or more specified activities for a period specified in, or worked out in accordance with, the permit;
(c) cover one or more specified activities for one or more specified projects.
(6) If the Minister refuses to give a 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.
(7A) Without limiting the conditions that may be specified in the permit, those conditions may impose any obligations on the person to whom the permit is given that the Minister reasonably considers are necessary for the purposes of:
(a) promoting compliance with this Act, whether by the person to whom the permit is given or any other person; or
(b) managing risks associated with persons contravening this Act.
(7B) To avoid doubt, an obligation mentioned in subsection (7A) may apply before, at or after the time an activity covered by the permit is done.
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 supply 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.
(11) A notice under subsection (10) must set out the effect of subsections (12) and (13).
Certain obligations to continue after revocation
(12) If the Minister revokes a permit given to a person under this section that specifies conditions imposing obligations mentioned in subsection (7A) that apply after an activity covered by the permit is done, the permit is taken to continue in force for the purposes of:
(a) sections 12 (changing permit conditions) and 13 (breaching permit conditions); and
(b) any other provision of this Act to the extent it relates to those sections.
(13) However, the Minister must not impose a new permit condition in relation to the permit under subsection 12(1).