Commonwealth Numbered Regulations

DEFENCE TRADE CONTROLS REGULATION 2013 (SLI NO 93 OF 2013) - REG 13

             (1)  For subparagraph 28(1)(f)(ii) of the Act, this section:

                     (a)  sets out conditions to which an approval given under section 27 of the Act is subject; and

                     (b)  applies to the holder of an approval who provides defence services in relation to technology relating to original goods.

Note:          Section 27 of the Act deals with the approval of persons as members of the Australian Community.

             (2)  If the technology or the original goods do not have a security classification, the holder must ensure that the documentation accompanying the defence services identifies the technology and the goods by including in the documentation the marking:

"//RESTRICTED USML//REL AUS and USA Treaty Community//".

             (3)  If the technology or the original goods have a security classification, the holder must ensure the accompanying documentation includes the following marking for the technology or the goods:

"// [CLASSIFICATION] USML//REL AUS and USA Treaty Community//";

where " [CLASSIFICATION] " means the security classification level assigned to the technology or the original goods.

             (4)  If the technology or the goods have a marking that the holder reasonably believes is incorrect, the holder must:

                     (a)  notify the Secretary about the incorrect marking; and

                     (b)  correct, or obliterate and replace, the marking.

             (5)  If the holder provides a defence service orally, the holder must also tell the recipients, at the time of providing the service, what marking has been given to the technology and the original goods.