Defence Trade Controls Act 2012 (Cth)

Defence Trade Controls Act 2012

No. 153, 2012

Compilation No. 9

Compilation date: 14 October 2024

Includes amendments: Act No. 38, 2024

About this compilation

This compilation

This is a compilation of the Defence Trade Controls Act 2012 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents 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 Part 2—Dealings in items in the Defence and Strategic Goods List 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 Part 3—Defense Trade Cooperation Treaty Division 1—Simplified outline of this Part 26 Simplified outline of this Part 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 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 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 Division 5—Other matters 35 Transition to the Defense Trade Cooperation Treaty 36 Defense Trade Cooperation Munitions List Part 4—Monitoring powers Division 1—Preliminary 37 Simplified outline of this Part 38 No limit on section 71 Division 2—Appointment of authorised officers and issue of identity cards 39 Appointment of authorised officers 40 Identity cards 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 Division 4—Obligations of authorised officers 45 Announcement before entry 46 Occupier to be informed of rights and responsibilities Division 5—Occupier's rights and responsibilities 47 Occupier entitled to observe search 48 Occupier to provide authorised officer with facilities and assistance Division 6—Other matters 49 Tampering etc. with things secured 50 Persons assisting authorised officers 51 Compensation for damage to electronic equipment 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 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 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 Review Tribunal 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 Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history