Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsGoods owned by defence forces
(1) The exportation of goods is not prohibited under subregulation 13E(1) if all of the following conditions are satisfied:
(a) the goods are owned by the defence force of any of the following countries:
(i) Brunei Darussalam;
(ii) Canada;
(iia) Japan;
(iii) Malaysia;
(iv) New Zealand;
(v) Papua New Guinea;
(vi) the Kingdom of Cambodia;
(vii) the Kingdom of Thailand;
(viii) the Republic of Fiji;
(ix) the Republic of Indonesia;
(x) the Republic of Singapore;
(xi) the Republic of the Philippines;
(xii) the United Kingdom;
(xiii) the United States of America;
(xiv) Tonga;
(b) the goods have been imported into Australia by:
(i) the defence force that owns the goods; or
(ii) a member of that defence force to whom the goods have been issued;
(c) the goods are exported from Australia by:
(i) the defence force that owns the goods; or
(ii) a member of that defence force to whom the goods have been issued;
(d) the goods are not specified in item ML7, 1C350, 1C351, 1C352, 1C353, 1C354 or 1C450 of the defence and strategic goods list;
(e) for goods containing DSGL technology--the goods contained the DSGL technology when they were imported.
Air security
(2) The exportation of goods is not prohibited under subregulation 13E(1) if all of the following conditions are satisfied:
(a) the goods were last imported into Australia on an aircraft by a person (an air security officer ) covered by subregulation (3) while carrying out his or her duties;
(b) there is an arrangement between the foreign government employing the air security officer and the Government of Australia providing for the importation of the goods into Australia on aircraft by air security officers;
(c) immediately after the goods were imported, the air security officer surrendered the goods to an officer of Customs, authorised under subregulation (4), for secure storage until the goods are exported in accordance with paragraph (d);
(d) within 3 months after the goods were imported into Australia, the goods are exported from Australia.
(3) A person is covered by this subregulation if he or she:
(a) is employed and trained by a foreign government to travel on an aircraft to provide security for the aircraft and its passengers and crew; and
(b) is not employed to provide exclusive personal protection for one or more specific people travelling on the aircraft (for example, as a personal bodyguard).
(4) The Comptroller - General of Customs may, in writing, authorise an officer of customs for the purposes of paragraph (2)(c).
Defense Trade Cooperation Treaty goods
(5) The exportation of goods is not prohibited under subregulation 13E(1) if all of the following conditions are satisfied:
(a) the goods are one of the following:
(i) an Article 3(1) US Defence Article (within the meaning of the Defence Trade Controls Act 2012 );
(ii) an Article 3(3) US Defence Article (within the meaning of that Act);
(iii) an Australian Defence Article (within the meaning of the Defence Trade Controls Regulation 2013 );
(iv) goods constituting or containing DSGL technology in relation to goods referred to in subparagraph (i), (ii) or (iii);
(b) for goods containing DSGL technology--the technology is DSGL technology in relation to the goods;
(c) the goods are exported from Australia by an Australian Community member (within the meaning of the Defence Trade Controls Act 2012 ) to a member of the United States Community (within the meaning of that Act);
(d) the goods are exported from Australia for one or more of the activities referred to in Article 3(1)(a), (b), (c) or (d) of the Defense Trade Cooperation Treaty (within the meaning of the Defence Trade Controls Act 2012 ).
Certain exports to the United Kingdom or United States of America
(5A) The exportation of goods is not prohibited under subregulation 13E(1) if:
(a) the goods are exported from Australia in the course of a supply covered by subsection 5C(1A) of the Defence Trade Controls Act 2012 ; and
(b) the exporter has been issued, by the Department administered by the Defence Minister, a unique identifier described as a "Defence Export Controls Client Registration Number"; and
(c) the Department administered by the Defence Minister has been given the information mentioned in subregulation (5B) by the exporter before the export is made.
Note: Subsection 5C(1A) of the Defence Trade Controls Act 2012 excludes supplies of certain goods and DSGL technology: see paragraph (c) of that subsection.
(5B) For the purposes of paragraph (5A)(c) of this regulation, the information is the following:
(a) a description of the goods that are to be exported;
(b) the name of any person to whom the supply mentioned in paragraph (5A)(a) is to be made;
(c) the name of the country to which the goods are to be exported;
(d) either:
(i) the date on which the goods are to be exported; or
(ii) if there are to be supplies mentioned in paragraph (5A)(a) of goods within that description over a period of time, to the same person, in circumstances where the goods are to be exported from Australia to that country--the period of time in which such supplies are to occur.
Australian Military Sales Program items
(5C) The exportation of goods is not prohibited under subregulation 13E(1) if:
(a) the goods are, or are goods containing DSGL technology that is, an Australian Military Sales Program item (within the meaning of the Defence Trade Controls Act 2012 ); and
(b) the goods are exported in the course of a supply (within the meaning of that Act) made in accordance with an agreement or arrangement between Australia and one or more foreign countries, including an agreement, arrangement or understanding between a Minister and an official or authority of one or more foreign countries.
DSGL technology--temporary export
(6) The exportation of goods is not prohibited under subregulation 13E(1) if all of the following conditions are satisfied:
(a) the goods constitute, or contain, DSGL technology;
(b) for goods that contain DSGL technology, but do not constitute DSGL technology--the goods themselves are not specified in the defence and strategic goods list;
(c) the goods are exported from Australia for use by the exporter outside Australia;
(d) the exporter or, if the exporter is a body corporate, an employee, agent or officer of the body, will travel with the goods;
(e) the goods are not to be sold or transferred to, or used by, any person other than the exporter outside Australia;
(f) the DSGL technology constituted by, or contained in, the goods is not to be disclosed to any person other than the exporter outside Australia;
(g) the exporter intends to return to Australia with the goods or, if the exporter is a body corporate, the exporter intends that the goods are to be returned to Australia by an employee, agent or officer of the body travelling with the goods.
DSGL technology--export following temporary import
(7) The exportation of goods is not prohibited under subregulation 13E(1) if all of the following conditions are satisfied:
(a) the goods constitute, or contain, DSGL technology;
(b) for goods that contain DSGL technology, but do not constitute DSGL technology--the goods themselves are not specified in the defence and strategic goods list;
(c) the goods have been imported by a person to Australia from a foreign country for use by the person in Australia, and are exported from Australia to the same country, by the same person (the exporter );
(d) the exporter or, if the exporter is a body corporate, an employee, agent or officer of the body, will travel with the goods when they are exported.