Commonwealth Consolidated Regulations

DEFENCE TRADE CONTROLS REGULATION 2013 - REG 7

  (1)   For the purposes of subsections   10(4), 10A(8), 10B(9) and 10C(8) of the Act, this section prescribes a circumstance in which subsections   10(1), 10A(1), 10B(1) and 10C(1) of the Act do not apply.

  (2)   The circumstance is that:

  (a)   the supply of DSGL goods or DSGL technology, or provision of DSGL services, as mentioned in subsection   10(1), 10A(1), 10B(1) or 10C(1) of the Act (as the case requires):

  (i)   is by an Australian Community member to a member of the United States Community; or

  (ii)   is by a member of the United States Community to another member of the United States Community; and

  (b)   the supply, or the provision of DSGL services, is for an activity referred to in Article 3(1)(a), (b), (c) or (d) of the Defense Trade Cooperation Treaty; and

  (c)   any of the following applies:

  (i)   for a supply of DSGL goods--at the time of the supply, the goods are an Australian Defence Article;

  (ii)   for a supply of DSGL technology--the DSGL technology relates to goods that, at the time of the supply, are an Australian Defence Article;

  (iii)   for the provision of DSGL services--the services are provided in relation to goods that, at the time the services are provided, are an Australian Defence Article.

Note:   Australian Defence Article is defined in section   4.