Document ID: chunk:federal_register_of_legislation:C2024C00463:section:32:p2
Version: federal_register_of_legislation:C2024C00463
Segment Type: section
Provision Reference: s 32 (pt 2/3)
Character Range: 139765–142658

the United States of America, nor a notice under subsection (4), in force in relation to the Australian Community member and in relation to:
 (i) if the defence service are provided in relation to original goods—the original goods; or
 (ii) if the defence services are provided in relation to incorporated goods—each of the original goods incorporated in the incorporated goods and listed as described in subparagraph (c)(ii); or
 (iii) if the defence services are provided in relation to technology relating to original goods—the technology.
Penalty: Imprisonment for 10 years or 2,500 penalty units, or both.
Note: See also section 35 (about transition to the Defense Trade Cooperation Treaty).

Control of US Defence Articles after authorisation
 (3) An Australian Community member commits an offence if:
 (a) the member has goods, or technology relating to goods, in the member's possession, custody or control; and
 (b) the goods in the member's possession, custody or control are an Article 3(1) US Defence Article or an Article 3(3) US Defence Article or the technology in the member's possession, custody or control is technology relating to original goods; and
 (c) the following is listed in Part 2 of the Defense Trade Cooperation Munitions List:
 (i) if the goods in the member's possession, custody or control are original goods or the technology in the member's possession, custody or control is technology relating to original goods—the original goods;
 (ii) if the goods in the member's possession, custody or control are incorporated goods—any of the original goods incorporated in the incorporated goods; and
 (d) a notice under subsection (4) is in force in relation to the Australian Community member and in relation to:
 (i) if the goods in the member's possession, custody or control are original goods—the original goods; or
 (ii) if the goods in the member's possession, custody or control are incorporated goods—any of the original goods incorporated in the incorporated goods; or
 (iii) if the technology in the member's possession, custody or control is technology relating to original goods—the technology; and
 (e) the Australian Community member contravenes a condition specified in the notice.
Penalty: Imprisonment for 10 years or 2,500 penalty units, or both.
Note: See also section 35 (about transition to the Defense Trade Cooperation Treaty).

Notices
 (4) The Minister may give an Australian Community member a notice in relation to:
 (a) specified goods; or
 (b) specified technology relating to specified goods.
The notice may specify one or more conditions that apply in relation to the Australian Community member and the goods referred to in paragraph (a) or the technology referred to in paragraph (b).
Note: Section 67 deals with giving notices under this Act.

Geographical jurisdiction
 (5) Section 15.4 of the Criminal Code (extended geographical