Document ID: chunk:federal_register_of_legislation:C2024A00021:clause:2_1
Version: federal_register_of_legislation:C2024A00021
Segment Type: clause
Provision Reference: sch 2 cl 1
Character Range: 57619–59186

1  After the heading to subsection 10C(3)
Insert:
 (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.

[Minister's second reading speech made in—
House of Representatives on 30 November 2023
Senate on 21 March 2024]
(155/23)