Document ID: chunk:federal_register_of_legislation:C2024A00021:clause:1_10a:p2
Version: federal_register_of_legislation:C2024A00021
Segment Type: clause
Provision Reference: sch 1 cl 10A (pt 2/2)
Character Range: 22778–24916

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 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 (6): see subsection 13.3(3) of the Criminal Code.
 (7) Subsection (1) does not apply if:
 (a) the DSGL technology is supplied to a person who holds a covered security clearance; and
 (b) the 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.
 (7A) Subsection (1) does not apply if:
 (a) the DSGL technology is supplied to a person who is producing, or is to produce, one or more components of DSGL goods; and
 (b) the supply is made in connection with the production of the components; and
 (c) any requirements prescribed by the regulations for the purposes of this paragraph are satisfied.
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.

Definitions
 (9) 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.