Document ID: chunk:federal_register_of_legislation:C2024C00463:section:31:p4
Version: federal_register_of_legislation:C2024C00463
Segment Type: section
Provision Reference: s 31 (pt 4/4)
Character Range: 134869–137276

in relation to technology relating to original goods; and
 (c) neither of the following apply:
 (i) the defence services are for an activity referred to in Article 3(1)(a), (b) or (c) of the Defense Trade Cooperation Treaty, being an activity that is publicly identified in accordance with paragraph (5) of Section 2 of the Implementing Arrangements;
 (ii) the defence services are for an activity referred to in Article 3(1)(d) of the Defense Trade Cooperation Treaty, being an activity that is open to participation by Australian Community members as mentioned in paragraph (1)(b) of Section 3 of the Implementing Arrangements; and
 (d) there is no notice in force under subsection (8) in relation to the provider and the provision of the defence services; and
 (e) at the time of the provision of the defence services, the following is listed in Part 1 of the Defense Trade Cooperation Munitions List:
 (i) if the defence services are provided in relation to original goods or in relation to technology relating to original goods—the original goods;
 (ii) if the defence services are provided in relation to incorporated goods—any of the original goods incorporated in the incorporated goods.
Penalty: Imprisonment for 10 years or 2,500 penalty units, or both.
Note: See also section 35 (about transition to the Defense Trade Cooperation Treaty).

Exception—regulations
 (7) Subsection (1), (2), (3), (4), (5) or (6) 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 (7): see subsection 13.3(3) of the Criminal Code.

Notice approving supply or provision of defence services
 (8) The Minister may, by notice given to an Australian Community member, approve one or more supplies, or approve the provision of one or more defence services, specified in the notice.
Note: Section 67 deals with giving notices under this Act.

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

Notice not a legislative instrument
 (10) A notice under subsection (8) is not a legislative instrument.

Definition
 (11) 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.