Document ID: chunk:federal_register_of_legislation:C2024C00463:section:10b:p3
Version: federal_register_of_legislation:C2024C00463
Segment Type: section
Provision Reference: s 10B (pt 3/4)
Character Range: 53736–56343

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 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 goods or 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 (7): see subsection 13.3(3) of the Criminal Code.
 (8) Subsection (1) does not apply if, in relation to the current supply:
 (a) the DSGL goods or DSGL technology is supplied to a person who holds a covered security clearance; and
 (b) the DSGL goods or 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 (8): see subsection 13.3(3) of the Criminal Code.
 (8A) Subsection (1) does not apply if the earlier export or supply, the current supply or any intervening supply of the DSGL goods or DSGL technology is to the person who originally produced the DSGL goods or DSGL technology.
Note: A defendant bears an evidential burden in relation to the matter in subsection (8A): see subsection 13.3(3) of the Criminal Code.
 (8B) Subsection (1) does not apply if:
 (a) the DSGL goods or DSGL technology is within the scope of:
 (i) the Sensitive List of Dual‑use Goods and Technologies in Part 2 of the Defence and Strategic Goods List; or
 (ii) the Very Sensitive List of Dual‑use Goods and Technologies in Part 2 of the Defence and Strategic Goods List; and
 (b) any of the following applies:
 (i) the current supply occurs wholly at a place in a foreign country that is specified in an instrument under subsection 15(4A);
 (ii) the current supply is from or to a place in a foreign country that is specified in an instrument under subsection 15(4A);
 (iii) if the current supply is the provision of access to DSGL technology—at the time of the provision of access, the supplier or the other person mentioned in paragraph