Document ID: chunk:federal_register_of_legislation:C2024C00463:section:10c:p1
Version: federal_register_of_legislation:C2024C00463
Segment Type: section
Provision Reference: s 10C (pt 1/4)
Character Range: 57944–60633

10C  Offence—provision of DSGL services outside Australia
 (1) A person (the provider) commits an offence if:
 (a) the provider provides DSGL services to another person; and
 (b) the other person is a foreign person; and
 (c) the DSGL services are constitutional DSGL services; and
 (d) the DSGL services are relevant DSGL services; and
 (e) the provider is an Australian person; and
 (ea) the provider provides the DSGL services at or from a place outside Australia; and
 (eb) the other person receives the DSGL services at a place outside Australia; and
 (f) either:
 (i) the provider does not hold a permit under section 11 authorising the provision of the DSGL services; or
 (ii) the provision of the DSGL services contravenes a condition of a permit that the provider holds under section 11; and
 (g) there is no notice in force under subsection 14(1) in relation to the provider and the provision of the DSGL services.
Penalty: Imprisonment for 10 years or 2,500 penalty units, or both.

Absolute liability
 (2) Absolute liability applies to paragraph (1)(c).

Exceptions
 (2A) Subsection (1) does not apply if:
 (a) the DSGL services are provided by a person in circumstances where a foreign work authorisation (within the meaning of Part IXAA of the Defence Act 1903) that is in force authorises the person to perform work for, or on behalf of:
 (i) a military organisation (within the meaning of that Part) of a foreign country; or
 (ii) a government body (within the meaning of that Part) of a foreign country; and
 (b) the person provides the DSGL services in the course of performing the work authorised by the foreign work authorisation.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2A): see subsection 13.3(3) of the Criminal Code.
 (2B) Subsection (1) does not apply if:
 (a) the DSGL services are provided by a person in circumstances where a foreign work authorisation (within the meaning of Part IXAA of the Defence Act 1903) that is in force authorises the person to provide training to:
 (i) a military organisation (within the meaning of that Part) of a foreign country; or
 (ii) a government body (within the meaning of that Part) of a foreign country; and
 (b) the DSGL services provided solely consist of the training that is authorised by the foreign work authorisation.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2B): see subsection 13.3(3) of the Criminal Code.
 (3) Subsection (1) does not apply if:
 (a) the DSGL services are provided in relation to:
 (i) goods that are an Article 3(1) US Defence Article; or
 (ii) goods that are an Article 3(3) US Defence Article; or
 (iii)