Document ID: chunk:federal_register_of_legislation:C2015A00031:clause:1_41:p1
Version: federal_register_of_legislation:C2015A00031
Segment Type: clause
Provision Reference: sch 1 cl 41 (pt 1/2)
Character Range: 23428–26088

41  Subsection 15(4)
Repeal the subsection, substitute:
 (4) Subsection (1) or (1A) does not apply if:
 (a) either:
 (i) the first person arranges for the other person to supply the goods, or to supply the DSGL technology, where the supply is, or is to be, from a place in a foreign country; or
 (ii) the first person does all of the arranging while the first person is in any foreign country; and
 (b) that foreign country is:
 (i) a Participating State for the purposes of the Wassenaar Arrangement; and
 (ii) a participant in the Australia Group; and
 (iii) a partner in the Missile Technology Control Regime; and
 (iv) a participant in the Nuclear Suppliers Group; and
 (c) that foreign country is specified in an instrument under subsection (4A).
Note: A defendant bears an evidential burden in relation to the matters in subsection (4): see subsection 13.3(3) of the Criminal Code.
 (4A) The Minister may, by legislative instrument, specify foreign countries for the purposes of paragraph (4)(c).
 (4B) Subsection (1) or (1A) does not apply if the first person arranges for the other person to supply the goods, or to supply the DSGL technology, where the supply is, or is to be, under or in connection with a contract specified in an instrument under subsection (4C).
Note: A 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 goods, where the 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 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