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Defence Trade Controls Act 2012
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Administered by
Department of Defence
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C2024C00355 (C08)
01 September 2024
-
13 October 2024
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Part 1—Preliminary
1 Short title
2 Commencement
3 Simplified outline of this Act
4 Definitions
5 US Defence Articles
5A Arranging for persons to supply goods or DSGL technology
5AA Australian Military Sales Program items
5B Constitutional supplies and constitutional DSGL services
5C Relevant supplies and relevant DSGL services
6 Crown to be bound
7 Extension to external Territories
8 Extension to things outside Australia
9 Severability—additional effect of Act
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Part 2—Dealings in items in the Defence and Strategic Goods List
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Division 1A—Simplified outline of this Part
9A Simplified outline of this Part
Division 1—Primary offences
10 Offence—supply of DSGL technology from in Australia to outside Australia
10A Offence—supply of DSGL technology in Australia to foreign person
10B Offence—certain supplies of DSGL goods or DSGL technology from outside Australia
10C Offence—provision of DSGL services outside Australia
11 Permits for the purposes of sections 10 to 10C
12 Changing permit conditions
13 Breaching permit conditions
14 Minister’s notice prohibiting activities
14A Offence—publishing DSGL technology in Part 1 of the Defence and Strategic Goods List
14B Minister’s notice prohibiting publication of DSGL technology
14C Secretary’s notice prohibiting publication of DSGL technology
Division 2—Brokering offences
15 Offence—arranging supplies in relation to the Defence and Strategic Goods List
15A Minister’s notice prohibiting arranging of supplies in relation to the Defence and Strategic Goods List
15B Minister’s notice requiring a permit for arranging of supplies in relation to Part 2 of the Defence and Strategic Goods List
16 Permits for purposes of section 15 or 15B
17 Changing permit conditions
18 Breaching permit conditions
Division 3—Registered brokers
19 Applying to be a registered broker
20 Registering brokers
21 Renewing registration
22 Changing registration conditions
23 Cancelling the registration of a broker
24 Register of Brokers
25 Extended meaning of conviction
Division 4—Other matters
25A Deciding if things prejudicial to the security, defence or international relations of Australia
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Part 3—Defense Trade Cooperation Treaty
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Division 1—Simplified outline of this Part
26 Simplified outline of this Part
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Division 2—Membership of the Australian Community
27 Approval of bodies corporate as members of the Australian Community
28 Approval conditions
29 Suspending an approval
30 Cancelling an approval
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Division 3—Main offences
31 US Defence Articles listed in the Defense Trade Cooperation Munitions List
32 US Defence Articles exempt from the scope of the Defense Trade Cooperation Treaty
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Division 4—Ministerial directions
33 Ministerial directions—avoiding prejudice to the security, defence or international relations of Australia
34 Ministerial directions—suspension or cancellation of approvals
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Division 5—Other matters
35 Transition to the Defense Trade Cooperation Treaty
36 Defense Trade Cooperation Munitions List
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Part 4—Monitoring powers
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Division 1—Preliminary
37 Simplified outline of this Part
38 No limit on section 71
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Division 2—Appointment of authorised officers and issue of identity cards
39 Appointment of authorised officers
40 Identity cards
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Division 3—Powers of authorised officers
41 Authorised officer may enter premises
42 Monitoring powers of authorised officers
43 Authorised officer may require person to answer questions or produce documents
44 Self incrimination
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Division 4—Obligations of authorised officers
45 Announcement before entry
46 Occupier to be informed of rights and responsibilities
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Division 5—Occupier’s rights and responsibilities
47 Occupier entitled to observe search
48 Occupier to provide authorised officer with facilities and assistance
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Division 6—Other matters
49 Tampering etc. with things secured
50 Persons assisting authorised officers
51 Compensation for damage to electronic equipment
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Part 5—Information gathering powers
51A Simplified outline of this Part
52 Secretary may obtain information and documents
53 Copying documents—compensation
54 Secretary may inspect and copy original documents
55 Secretary may retain copies of documents
56 Secretary may retain original documents
57 Self incrimination
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Part 6—Record keeping
57A Simplified outline of this Part
58 Keeping and retaining records
59 Production of records
60 Secretary may inspect and copy records
61 Secretary may retain records
62 Self incrimination
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Part 7—Review of decisions
62A Simplified outline of this Part
63 Reviewable decisions
64 Internal review by Minister of reviewable decisions
65 Review by the Administrative Appeals Tribunal
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Part 8—Other matters
65A Simplified outline of this Part
66 Applications under Part 2 or 3
67 Notices, permits and approvals under this Act
68 Disclosure of reasons for decisions
69 Disclosure of information and documents
70 Injunctions
71 Forfeiture
72 Evidential certificates
73 Delegation by Minister
74 Delegation by Secretary
74A Strengthened Export Controls Steering Group
74B Reviews of operation of Act
75 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Editorial changes
