Document ID: chunk:federal_register_of_legislation:C2024A00021:clause:1_14
Version: federal_register_of_legislation:C2024A00021
Segment Type: clause
Provision Reference: sch 1 cl 14
Character Range: 18402–20385

14  Subsections 10(3) and (3A)
Repeal the subsections, substitute:
 (3) Subsection (1) does not apply if:
 (a) the DSGL technology is supplied by or on behalf of a person or body to an officer or employee of the person or body; and
 (b) the officer or employee is:
 (i) an Australian citizen or permanent resident of Australia; or
 (ii) a citizen or permanent resident of a foreign country that is specified in an instrument under subsection 15(4A); and
 (c) the supply occurs in the course of the officer or employee's duties as an officer or employee.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.
 (3A) Subsection (1) does not apply if:
 (a) the DSGL technology is supplied by or to a person who is a member of the Australian Defence Force, an APS employee, an employee of ASIO, an employee of ASIS, an employee of ASD, a member or special member of the Australian Federal Police or a member of the police force of a State or Territory; and
 (b) the supply occurs in the course of the person's duties as such a person; and
 (c) the DSGL technology is not:
 (i) an Australian Military Sales Program item; or
 (ii) specified in a determination in force under subsection 5C(3); or
 (iii) prescribed by the regulations for the purposes of this subparagraph.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3A): see subsection 13.3(3) of the Criminal Code.
 (3B) Subsection (1) does not apply if:
 (a) the DSGL technology is supplied to a person who holds a covered security clearance; and
 (b) the DSGL technology is not:
 (i) an Australian Military Sales Program item; or
 (ii) specified in a determination in force under subsection 5C(3); or
 (iii) prescribed by the regulations for the purposes of this subparagraph.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3B): see subsection 13.3(3) of the Criminal Code.