Strategic Goods (Control) (Amendment) Bill

by inserting, immediately after the definition of “country”, the following definition:“ “development”, in relation to any goods, means any stage prior to the serial production of the goods, including design, design research, design analysis, development of a design concept, assembly and testing of a prototype, pilot production, generation of design data, the process of transforming design data into a product, configuration design, integration design, and layout;”;

by inserting, immediately after the definition of “permit”, the following definition:“ “production”, in relation to any goods, means any stage of production of the goods, including construction, production engineering, manufacture, integration, assembly, mounting, inspection, testing, and quality assurance;”;

by deleting the definitions of “strategic goods”, “strategic goods technology” and “technology” and substituting the following definitions:“ “software” means a collection of one or more programs or microprograms recorded, stored or embodied in any device;“strategic goods” means any goods prescribed by the Minister as strategic goods under section 4A;“strategic goods technology” means any technology prescribed by the Minister as strategic goods technology under section 4A;“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;”; and

by deleting the full-stop at the end of the definition of “transmit” and substituting a semi-colon, and by inserting immediately thereafter the following definition:“ “use”, in relation to any goods, means the operation, installation, maintenance, inspection, repair, overhaul or refurbishing of the goods.”.

The Minister may, by order published in the Gazette, prescribe ––

any military or dual-use goods as strategic goods for the purposes of this Act; or

any military or dual-use technology as strategic goods technology for the purposes of this Act.

In subsection (1) ––“dual-use goods” means goods capable of being used for both a non-military purpose and a military purpose or relevant activity;“dual-use technology” means technology necessary for the development, production or use of any dual-use goods;“military goods” means goods solely or predominantly designed or modified for a military purpose, including any part or component thereof;“military technology” means technology necessary for the development, production or use of any military goods.”.

by deleting paragraph (a) of subsection (1) and substituting the following paragraph:“(a)export, tranship or bring in transit any strategic goods;”;

by inserting, at the end of subsection (1)(b), the word “or”;

by deleting the word “; or” at the end of subsection (1)(c) and substituting a full-stop;

by deleting paragraph (d) of subsection (1);

by inserting, immediately after subsection (3), the following subsection:“(3A) Subsections (1) and (2) do not apply to any technology in the public domain.”; and

by deleting the words “or maintenance” in subsection (4)(a) and substituting the words “, maintenance or repair”.

by deleting paragraph (a) of subsection (2) and substituting the following paragraph:“(a)such strategic goods as may be specified by the Minister by order published in the Gazette; or”;

by deleting subsection (3) and substituting the following subsections:“(3) Subsection (1) applies to ––

such strategic goods technology as may be specified by the Minister by order published 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 he knows is intended to be used, wholly or in part, for or in connection with a relevant activity; or

which he 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.”; and

by deleting the words “or maintenance” in subsection (7)(a) and substituting the words “, maintenance or repair”.