Document ID: chunk:federal_register_of_legislation:C2024A00021:clause:1_10c:p3
Version: federal_register_of_legislation:C2024A00021
Segment Type: clause
Provision Reference: sch 1 cl 10C (pt 3/3)
Character Range: 38834–40808

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 (6): see subsection 13.3(3) of the Criminal Code.
 (7) Subsection (1) does not apply if:
 (a) the DSGL services are provided to a person who holds a covered security clearance; and
 (b) the DSGL services are not provided in relation to DSGL goods or DSGL technology that is:
 (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.
 (7A) Subsection (1) does not apply if:
 (a) the DSGL services are provided in connection with a lawful supply of DSGL goods or DSGL technology that occurred before the commencement of this section; and
 (b) the DSGL services are provided under a contract, agreement or arrangement entered into before the commencement of this section.
Note: A defendant bears an evidential burden in relation to the matter in subsection (7A): see subsection 13.3(3) of the Criminal Code.
 (8) Subsection (1) does not apply in the circumstances prescribed by the regulations for the purposes of this subsection.
Note: A defendant bears an evidential burden in relation to the matter in subsection (8): see subsection 13.3(3) of the Criminal Code.

Geographical jurisdiction
 (9) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (1) of this section.

Definitions
 (10) In this section:
place includes:
 (a) a vehicle, vessel or aircraft; and
 (b) an area of water; and
 (c) a fixed or floating structure or installation of any kind.