Commonwealth Consolidated Acts

DEFENCE TRADE CONTROLS ACT 2012 - SECT 35

  (1)   This section applies if:

  (a)   a person who is an Australian Community member received (at any time before or after the person became an Australian Community member) goods (the transition goods ), or technology (the transition technology ) relating to goods, from a member of the United States Community; and

  (b)   the member of the United States Community provided the goods or technology under a licence or other authorisation granted by the Government of the United States of America; and

  (c)   the person applies to the Minister for a notice under subsection   (2).

Note:   Section   66 sets out application requirements.

Approving transition to Treaty

  (2)   If a person makes an application under subsection   (1) in accordance with section   66 and the Minister is satisfied that the requirements prescribed by the regulations for the purposes of this subsection are satisfied in relation to the person, the Minister may give the person a notice specifying one or more of the following:

  (a)   the transition goods are taken to be an Article 3(1) US Defence Article within the meaning of subsection   5(1);

  (b)   the transition goods are taken to be an Article 3(3) US Defence Article within the meaning of subsection   5(4);

  (c)   the transition technology is taken to be technology relating to an Article 3(1) US Defence Article within the meaning of subsection   5(1);

  (d)   the transition technology is taken to be technology relating to an Article 3(3) US Defence Article within the meaning of subsection   5(4).

Note 1:   Goods incorporating transition goods are also an Article 3(1) US Defence Article or an Article 3(3) US Defence Article: see subsections   5(2) and (5).

Note 2:   Section   67 deals with giving notices under this Act.

  (3)   A notice given to a person under subsection   (2) comes into force at the time the person receives the notice.

  (4)   A notice under subsection   (2) has effect according to its terms.

Refusing to approve transition to Treaty

  (5)   If the Minister refuses to give the person a notice under subsection   (2), the Minister must give the person notice of the refusal and the reasons for the refusal.

Note 1:   Section   67 deals with giving notices under this Act.

Note 2:   Section   68 deals with disclosing reasons for decisions.

Notice not a legislative instrument

  (6)   A notice under subsection   (2) is not a legislative instrument.