Commonwealth Consolidated Regulations

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MIGRATION REGULATIONS 1994 - REG 1.15Q

Unwanted transfer of critical technology

  (1)   An unwanted transfer of critical technology by a person is any direct or indirect:

  (a)   transfer of critical technology; or

  (b)   communication of information about critical technology ;

by the person that would:

  (c)   harm or prejudice the security or defence of Australia, including the operations, capabilities or technologies of, or methods or sources used by, domestic intelligence agencies (within the meaning of Part   5.6 of the Criminal Code ) or foreign intelligence agencies (within the meaning of the Criminal Code ); or

  (d)   harm or prejudice the health and safety of the Australian public or a section of the Australian public; or

  (e)   interfere with or prejudice the prevention, detection, investigation, prosecution or punishment of a criminal offence against a law of the Commonwealth; or

  (f)   harm or prejudice Australia's international relations:

  (i)   in relation to information that was communicated in confidence by, or on behalf of, the government of a foreign country, an authority of the government of a foreign country or an international organisation; or

  (ii)   by enabling critical technology to be used in a way that is contrary to Australia's international obligations or commitments; or

  (iii)   by leading to a reaction by a foreign country that damages Australia's interests or relations with the foreign country or with a particular region.

  (2)   The Minister may, by legislative instrument, specify kinds of technology for the purposes of the definition of critical technology in regulation   1.03.


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