Document ID: chunk:federal_register_of_legislation:C2024C00463:section:31:p3
Version: federal_register_of_legislation:C2024C00463
Segment Type: section
Provision Reference: s 31 (pt 3/4)
Character Range: 132387–135111

Imprisonment for 10 years or 2,500 penalty units, or both.
Note: See also section 35 (about transition to the Defense Trade Cooperation Treaty).

Dealings in Australia or the USA within the Treaty framework
 (5) An Australian Community member (the supplier) commits an offence if:
 (a) the supplier supplies goods, or supplies technology relating to goods, where the supply is to:
 (i) a place in Australia or in the United States of America; and
 (ii) the Commonwealth, an Australian Community member, an Australian Community facility or a member of the United States Community; and
 (b) the supply is of goods that are an Article 3(1) US Defence Article or an Article 3(3) US Defence Article or the supply is of technology relating to original goods; and
 (c) neither of the following apply:
 (i) the supply is for an activity referred to in Article 3(1)(a), (b) or (c) of the Defense Trade Cooperation Treaty, being an activity that is publicly identified in accordance with paragraph (5) of Section 2 of the Implementing Arrangements;
 (ii) the supply is for an activity referred to in Article 3(1)(d) of the Defense Trade Cooperation Treaty, being an activity that is open to participation by Australian Community members as mentioned in paragraph (1)(b) of Section 3 of the Implementing Arrangements; and
 (d) there is no notice in force under subsection (8) in relation to the supplier and the supply; and
 (e) at the time of the supply, the following is listed in Part 1 of the Defense Trade Cooperation Munitions List:
 (i) if the supply is of original goods or is of technology relating to original goods—the original goods;
 (ii) if the supply is of incorporated goods—any of the original goods incorporated in the incorporated goods.
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).
 (6) An Australian Community member (the provider) commits an offence if:
 (a) the provider provides defence services in relation to goods or in relation to technology relating to goods, where the defence services are received:
 (i) at a place in Australia or in the United States of America; and
 (ii) by the Commonwealth, an Australian Community member or a member of the United States Community; and
 (b) the defence services are provided in relation to goods that are an Article 3(1) US Defence Article or an Article 3(3) US Defence Article or the defence services are provided in relation to technology relating to original goods; and
 (c) neither of the following apply:
 (i) the defence services are for an activity referred to in Article 3(1)(a), (b) or (c) of the Defense Trade Cooperation Treaty, being an activity