Document ID: chunk:federal_register_of_legislation:C2024C00463:section:15:p2
Version: federal_register_of_legislation:C2024C00463
Segment Type: section
Provision Reference: s 15 (pt 2/3)
Character Range: 86523–89207

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 ASIS, an employee of ASD, a member or special member of the Australian Federal Police or a member of the police force of a State or Territory; and
 (b) he or she does the arranging in the course of his or her duties as such a person.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.
 (3) Subsection (1) or (1A) 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 (3): see subsection 13.3(3) of the Criminal Code.
 (4) Subsection (1) or (1A) does not apply if:
 (a) either:
 (i) the first person arranges for the other person to supply the DSGL 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
 (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).
 (4AA) The Minister must not specify a foreign country in an instrument made under subsection (4A) unless:
 (a) the 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; or
 (b) the Minister is satisfied that specifying the foreign country in the instrument is in the interests of Australia's national security, Australia's foreign relations or Australia's national economic well‑being.
 (4B) Subsection (1) or (1A) does not apply if the first person arranges for the other person to supply the DSGL 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