Document ID: chunk:federal_register_of_legislation:C2024A00020:clause:2_1:p2
Version: federal_register_of_legislation:C2024A00020
Segment Type: clause
Provision Reference: sch 2 cl 1 (pt 2/2)
Character Range: 41188–42664

covered by an instrument in force under subsection 115(3) of that Act at the time the individual provides the training.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3)).
 (1D) Subsection (1) does not apply to an individual if:
 (a) the individual is not a foreign work restricted individual (within the meaning of Part IXAA of the Defence Act 1903); and
 (b) the individual is:
 (i) an Australian citizen; or
 (ii) a permanent resident of Australia (within the meaning of that Part); and
 (c) the individual provides training (within the meaning of that Part); and
 (d) either:
 (i) the training relates to goods, software or technology within the scope of Part 1 of the Defence and Strategic Goods List (within the meaning of the Defence Trade Controls Act 2012); or
 (ii) the training relates to military tactics, military techniques or military procedures; and
 (e) the training is provided to, or on behalf of:
 (i) a government body (within the meaning of Part IXAA of the Defence Act 1903) of a foreign country; or
 (ii) a military organisation (within the meaning of Part IXAA of the Defence Act 1903) of a foreign country; and
 (f) the foreign country is covered by an instrument in force under subsection 115(3) of the Defence Act 1903 at the time the individual provides the training.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3)).