Senate debates

Monday, 29 October 2012

Bills

Defence Trade Controls Bill 2011; In Committee

8:27 pm

Photo of David FeeneyDavid Feeney (Victoria, Australian Labor Party, Parliamentary Secretary for Defence) Share this | Hansard source

By leave—I move government amendments (10), (11), (17), (21), (22), (24) and (25) on sheet BM290:

(10) Clause 14, page 16 (line 24) to page 17 (line 12), omit subclause (1), substitute:

(1) If the Minister believes or suspects that, if a person were to supply to another person particular DSGL technology in any circumstances or in particular circumstances, the supply would prejudice the security, defence or international relations of Australia, the Minister may give the person a notice:

(a) prohibiting the person from supplying that DSGL technology; or

(b) prohibiting the person from supplying that DSGL technology unless conditions specified in the notice are complied with.

Note: Section 67 deals with giving notices under this Act.

(11) Clause 14, page 18 (lines 9 to 25), omit subclause (10), substitute:

Offence

(10) A person commits an offence if:

(a) the person supplies DSGL technology; and

(b) the supply contravenes a notice, or a condition specified in a notice, that is in force under subsection (1); and

(c) the person knows of the contravention.

Penalty: Imprisonment for 10 years or 2,500 penalty units, or both.

(17) Clause 27, page 33 (lines 8 to 10), omit note 2, substitute:

Note 2: The offence in section 10 (about supplying DSGL technology) may not apply to the holder of an approval.

(21) Clause 63, page 75 (line 7), omit "an activity", substitute "a supply".

(22) Clause 71, page 82 (lines 26 and 27), omit "technology relating to goods", substitute "DSGL technology, or technology relating to goods,".

(24) Clause 73, page 85 (table item 1, column 2), omit "activity", substitute "supply".

(25) Clause 73, page 86 (table item 1, column 1), omit "an activity", substitute "a supply".

The concept of defence services has been removed from the bill. Explicit coverage of these services is unnecessary as the services will now be covered by the definition of DSGL technology. All of these amendments relate to removing this concept of defence services and consequential amendments to reflect the amendment of the definition of DSGL technology.

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