Commonwealth Consolidated Acts

DEFENCE TRADE CONTROLS ACT 2012 - SECT 5B

Constitutional supplies

  (1)   A supply of DSGL goods or DSGL technology is a constitutional supply if:

  (a)   the supply is made by, or on behalf of, or to:

  (i)   a constitutional corporation; or

  (ii)   a body corporate that is incorporated in a Territory; or

  (iii)   a body corporate that is taken to be registered in a Territory under section   119A of the Corporations Act 2001 ; or

  (b)   the supply is made by, or on behalf of, or to:

  (i)   the government of a foreign country or of part of a foreign country; or

  (ii)   an authority of the government of a foreign country; or

  (iii)   an authority of the government of part of a foreign country; or

  (c)   the supply is made by or to an alien (within the meaning of paragraph   51(xix) of the Constitution); or

  (d)   the supply occurs wholly or partly outside Australia; or

  (e)   the supply is made in the course of constitutional trade or commerce; or

  (f)   the supply occurs wholly or partly within a Territory; or

  (g)   the supply is made by way of a postal, telegraphic, telephonic or other like service (within the meaning of paragraph   51(v) of the Constitution).

Constitutional DSGL services

  (2)   DSGL services are constitutional DSGL services if:

  (a)   the DSGL services are provided by, or on behalf of, or to:

  (i)   a constitutional corporation; or

  (ii)   a body corporate that is incorporated in a Territory; or

  (iii)   a body corporate that is taken to be registered in a Territory under section   119A of the Corporations Act 2001 ; or

  (b)   the DSGL services are provided by, or on behalf of, or to:

  (i)   the government of a foreign country or of part of a foreign country; or

  (ii)   an authority of the government of a foreign country; or

  (iii)   an authority of the government of part of a foreign country; or

  (c)   the DSGL services are provided by or to an alien (within the meaning of paragraph   51(xix) of the Constitution); or

  (d)   the DSGL services are provided wholly or partly outside Australia; or

  (e)   the DSGL services are provided in the course of constitutional trade or commerce; or

  (f)   the DSGL services are provided wholly or partly within a Territory; or

  (g)   the DSGL services are provided by way of a postal, telegraphic, telephonic or other like service (within the meaning of paragraph   51(v) of the Constitution).

Definitions

  (3)   In this section:

"constitutional corporation" means a corporation to which paragraph   51(xx) of the Constitution applies.

"constitutional trade or commerce" means trade or commerce:

  (a)   between Australia and places outside Australia; or

  (b)   among the States; or

  (c)   within a Territory, between a State and a Territory or between 2 Territories.