Document ID: chunk:federal_register_of_legislation:C2024C00463:section:15:p1
Version: federal_register_of_legislation:C2024C00463
Segment Type: section
Provision Reference: s 15 (pt 1/3)
Character Range: 84164–86743

15  Offence—arranging supplies in relation to the Defence and Strategic Goods List

Offence—brokering involving Part 1 of the Defence and Strategic Goods List
 (1) 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 1 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 1 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
 (aa) the supply is, or is to be, a relevant supply; and
 (b) 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; and
 (c) there is no notice in force under subsection 15A(1) in relation to the first person and the arrangement.
Penalty: Imprisonment for 10 years or 2,500 penalty units, or both.

Offence—brokering involving Part 2 of the Defence and Strategic Goods List and military‑end use
 (1A) 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 for a military end‑use; and
 (ba) the supply is, or is to be, a relevant supply; 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.

Exceptions
 (2) Subsection (1) or (1A) does not apply if:
 (a) the first person is a member of the Australian Defence Force, an APS employee, an employee of ASIO, an employee of