Document ID: chunk:federal_register_of_legislation:C2024A00021:clause:1_10c:p1
Version: federal_register_of_legislation:C2024A00021
Segment Type: clause
Provision Reference: sch 1 cl 10C (pt 1/3)
Character Range: 33950–36669

10C  Offence—provision of DSGL services outside Australia
 (1) A person (the provider) commits an offence if:
 (a) the provider provides DSGL services to another person; and
 (b) the other person is a foreign person; and
 (c) the DSGL services are constitutional DSGL services; and
 (d) the DSGL services are relevant DSGL services; and
 (e) the provider is an Australian person; and
 (ea) the provider provides the DSGL services at or from a place outside Australia; and
 (eb) the other person receives the DSGL services at a place outside Australia; and
 (f) either:
 (i) the provider does not hold a permit under section 11 authorising the provision of the DSGL services; or
 (ii) the provision of the DSGL services contravenes a condition of a permit that the provider holds under section 11; and
 (g) there is no notice in force under subsection 14(1) in relation to the provider and the provision of the DSGL services.
Penalty: Imprisonment for 10 years or 2,500 penalty units, or both.

Absolute liability
 (2) Absolute liability applies to paragraph (1)(c).

Exceptions
 (3) Subsection (1) does not apply if:
 (a) the DSGL services are provided in relation to:
 (i) goods that are an Article 3(1) US Defence Article; or
 (ii) goods that are an Article 3(3) US Defence Article; or
 (iii) DSGL technology in relation to original goods; and
 (b) the DSGL services are provided by an Australian Community member or by a member of the United States Community; and
 (c) the DSGL services are provided to an Australian Community member or a member of the United States Community; and
 (d) the DSGL services are for an activity referred to in Article 3(1)(a), (b), (c) or (d) of the Defense Trade Cooperation Treaty; and
 (e) at the time of the provision of the DSGL services, the following are listed in Part 1 of the Defense Trade Cooperation Munitions List:
 (i) if the DSGL services are provided in relation to original goods or DSGL technology in relation to original goods—the original goods;
 (ii) if the DSGL services are provided in relation to incorporated goods—any of the original goods incorporated in the incorporated goods; and
 (f) at the time of the provision of the DSGL services, the following are not listed in Part 2 of the Defense Trade Cooperation Munitions List:
 (i) if the DSGL services are provided in relation to original goods or DSGL technology in relation to original goods—the original goods;
 (ii) if the DSGL services are provided in relation to incorporated goods—any of the original goods incorporated in the incorporated goods.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.
 (4) Subsection (1)