Commonwealth Consolidated Acts

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DEFENCE TRADE CONTROLS ACT 2012 - SECT 3

Simplified outline of this Act

This Act regulates dealings in items listed in Part   1 or 2 of the Defence and Strategic Goods List and in items covered by the Defense Trade Cooperation Treaty between Australia and the United States of America.

Part   1 of the Defence and Strategic Goods List covers military goods and technologies and non - military lethal goods and technologies and Part   2 of that list covers dual - use goods and technologies.

There are offences for persons who do the following not in accordance with a permit or approval:

  (a)   supply DSGL goods or DSGL technology;

  (b)   provide DSGL services;

  (c)   arrange for other persons to supply DSGL goods or to supply DSGL technology;

  (d)   publish DSGL technology in Part   1 of the Defence and Strategic Goods List.

There are provisions implementing the Defense Trade Cooperation Treaty. If a person holds an approval as a member of the Australian Community referred to in that treaty, authorised officers may monitor the person's compliance with this Act.

The Secretary can obtain from a person information or a document that is relevant to the operation of this Act.

There are record - keeping obligations for persons who hold permits under this Act or who hold approvals as members of the Australian Community referred to in the Defense Trade Cooperation Treaty.

Various decisions under this Act are subject to internal review by the Minister or review by the Administrative Review Tribunal.

This Act also deals with miscellaneous matters, such as injunctions, forfeiture, delegations and regulations.



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