Document ID: chunk:federal_register_of_legislation:C2024C00463:section:10b:p2
Version: federal_register_of_legislation:C2024C00463
Segment Type: section
Provision Reference: s 10B (pt 2/4)
Character Range: 51331–53950

or DSGL technology to an officer or employee of the supplier, the supply is taken to be a supply by the supplier to another person (that other person being the officer or employee).

Absolute and strict liability
 (3) Absolute liability applies to paragraph (1)(b).
 (4) Strict liability applies to paragraph (1)(f).

Exceptions
 (5) Subsection (1) does not apply if:
 (a) the current supply is of:
 (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) DSGL technology in relation to original goods; and
 (b) the current supply is by an Australian Community member or by a member of the United States Community; and
 (c) the current supply is to an Australian Community member or a member of the United States Community; and
 (d) the current supply is for an activity referred to in Article 3(1)(a), (b), (c) or (d) of the Defense Trade Cooperation Treaty; and
 (e) at the time of the current supply, the following are listed in Part 1 of the Defense Trade Cooperation Munitions List:
 (i) if the supply is of original goods or DSGL technology in relation to original goods—the original goods;
 (ii) if the supply is of incorporated goods—any of the original goods incorporated in the incorporated goods; and
 (f) at the time of the current supply, the following are not listed in Part 2 of the Defense Trade Cooperation Munitions List:
 (i) if the supply is of original goods or DSGL technology in relation to original goods—the original goods;
 (ii) if the supply is of incorporated goods—any of the original goods incorporated in the incorporated goods.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5): see subsection 13.3(3) of the Criminal Code.
 (6) Subsection (1) does not apply if, in relation to the current supply:
 (a) the DSGL goods or 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 (6): see subsection 13.3(3) of the Criminal Code.
 (7) Subsection (1) does not apply if, in relation to the current supply:
 (a) the DSGL goods or DSGL technology is supplied by or to a person who is a member of the Australian Defence