Strategic Goods (Control) Act 2002 · 2020 Revised Edition · Part 2 · Transfer and Brokering of Strategic Goods and Strategic Goods Technology
6. Brokering of strategic goods, etc.
Feedback & supportLast amended by an amending law of 2007.
A person must not arrange or negotiate, or do any act to facilitate the arrangement or negotiation of —
a contract for the acquisition or disposal of any goods mentioned in subsection (2) if the person knows or has reason to believe that such a contract will or is likely to result in the removal of those goods from one foreign country to another foreign country; or
a contract for the acquisition, disposal or transmission of —
any technology mentioned in subsection (3); or
any document in which such technology is recorded, stored or embodied,if the person knows or has reason to believe that such a contract will or is likely to result in the transmission of such technology or removal of such document from one foreign country to another foreign country.
Subsection (1) applies to —
such strategic goods as the Minister may specify by order in the Gazette; or
any goods —
which that person has been notified by an authorised officer or a senior authorised officer are intended or likely to be used, wholly or in part, for or in connection with a relevant activity;
which that person knows are intended to be used, wholly or in part, for or in connection with a relevant activity; or
which that person has reasonable grounds to suspect are intended or likely to be used, wholly or in part, for or in connection with a relevant activity.
Subsection (1) applies to ––
such strategic goods technology as the Minister may specify by order in the Gazette; and
any technology ––
which that person has been notified by an authorised officer or a senior authorised officer is intended or likely to be used, wholly or in part, for or in connection with a relevant activity;
which that person knows is intended to be used, wholly or in part, for or in connection with a relevant activity; or
which that person has reasonable grounds to suspect is intended or likely to be used, wholly or in part, for or in connection with a relevant activity.
Subsection (1) does not apply to any technology in the public domain.
technology
“technology” means information (including information comprised in such documents as specifications, blueprints, plans, manuals, models, diagrams, formulae, tables and designs) that is necessary for the development, production or use of any goods, and includes software;
Subsection (1) does not apply to an act in relation to any strategic goods mentioned in subsection (2)(a) by a person who is registered.
strategic goods
“strategic goods” means any goods prescribed by the Minister as strategic goods under section 4A;
Subsection (1) does not apply to an act in relation to —
any goods mentioned in subsection (2)(b); or
any technology mentioned in subsection (3), or any document in which the technology is recorded, stored or embodied,that is authorised by a permit.
Subsection (1) does not apply to any person whose sole involvement in the acquisition or disposal of the goods, technology or document, or the transmission of the technology, is the provision of —
goods
“goods” means any movable or personal property but does not include choses in action or money;
transportation service;
financing or financial service;
insurance;
advertising service to the extent that it involves the dissemination of information that is generally available to the public; or
any other service that may be prescribed.
Subsection (1) does not apply to any contract for the acquisition, disposal or transmission of any technology, or of any document in which any technology is recorded, stored or embodied, to the extent that such acquisition, disposal or transmission is necessary to facilitate —
the installation, operation, maintenance or repair in any foreign country of any goods which are not strategic goods;
an application for a patent; or
any research in the technology or part, the results of which have no practical application.
Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable —
on a first conviction, to a fine not exceeding $100,000 or 3 times the value of the goods or technology in respect of which the offence was committed, whichever is the greater, or to imprisonment for a term not exceeding 2 years or to both; and
on a second or subsequent conviction, to a fine not exceeding $200,000 or 4 times the value of the goods or technology in respect of which the offence was committed, whichever is the greater, or to imprisonment for a term not exceeding 3 years or to both.
In proceedings for an offence in respect of any goods mentioned in subsection (2)(b)(iii) or any technology mentioned in subsection (3)(b)(iii), it is a defence for the accused to prove that the accused has made all reasonable inquiries as to the use or proposed use of those goods or that technology and is satisfied from such inquiries that those goods or that technology will not be used for or in connection with a relevant activity.
use
“use”, in relation to any goods, means the operation, installation, maintenance, inspection, repair, overhaul or refurbishing of the goods.
In this section —
“acquisition”, in relation to any goods, technology or document, means the purchase, hire or borrowing of the goods, technology or document, or the acceptance of the goods, technology or document as a gift;
“disposal”, in relation to any goods, technology or document, means the sale, letting on hire or lending of the goods, technology or document, or the giving of the goods, technology or document as a gift.