Document ID: chunk:federal_register_of_legislation:C2024C00463:section:15:p3
Version: federal_register_of_legislation:C2024C00463
Segment Type: section
Provision Reference: s 15 (pt 3/3)
Character Range: 88935–91361

defendant bears an evidential burden in relation to the matter in subsection (4B): see subsection 13.3(3) of the Criminal Code.
 (4C) The Minister may, by legislative instrument, specify contracts for the purposes of subsection (4B).

Offence—brokering involving Part 2 of the Defence and Strategic Goods List and Weapons of Mass Destruction program
 (4D) A person (the first person) commits an offence if:
 (a) either:
 (i) the first person arranges for another person to supply DSGL goods, where the DSGL goods are listed in Part 2 of the Defence and Strategic Goods List and the supply is, or is to be, from a place outside Australia to another place outside Australia; or
 (ii) the first person arranges for another person to supply DSGL technology, where the DSGL technology is within the scope of Part 2 of the Defence and Strategic Goods List and the supply is, or is to be, from a place outside Australia to another place outside Australia; and
 (b) the first person knows that, or is reckless or negligent as to whether, the DSGL goods or DSGL technology will or may be used in a Weapons of Mass Destruction program; and
 (c) either:
 (i) the first person does not hold a permit under section 16 authorising the arrangement; or
 (ii) the arrangement contravenes a condition of a permit that the first person holds under section 16.
Penalty: Imprisonment for 10 years or 2,500 penalty units, or both.

Geographical jurisdiction
 (5) Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against subsection (1), (1A) or (4D).

Definitions
 (6) In this section:
Australia Group means the group of countries that form the Australia Group, whose first meeting occurred in Brussels in June 1985.
Missile Technology Control Regime means the group of countries that form the Missile Technology Control Regime, whose first meeting occurred in Rome in September 1988.
Nuclear Suppliers Group means the group of countries that form the Nuclear Suppliers Group, whose first meeting occurred in London in November 1975.
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.
Wassenaar Arrangement means the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual‑Use Goods and Technologies, adopted in Vienna, Austria, on 11 and 12 July 1996, as amended from time to time.