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DEFENCE TRADE CONTROLS REGULATION 2013 (SLI NO 93 OF 2013) - REG 4

Definitions

                   In this regulation:

"Act " means the Defence Trade Controls Act 2012 .

"Australian Defence Article" means goods to which the following apply:

                     (a)  the goods have been designed, developed, produced, manufactured or assembled in Australia;

                     (b)  the goods have been, or are being, supplied by an Australian Community member in Australia to a member of the United States Community for an activity referred to in Article 3(1)(a), (b), (c) or (d) of the Defense Trade Cooperation Treaty;

                     (c)  the goods are listed in Part 1 of the Defense Trade Cooperation Munitions List immediately before a supply mentioned in paragraph (b);

                     (d)  the goods are not listed in Part 2 of the Defense Trade Cooperation Munitions List immediately before a supply mentioned in paragraph (b);

                     (e)  the goods are not an Article 3(1) US Defence Article or an Article 3(3) US Defence Article;

                      (f)  immediately before a supply mentioned in paragraph (b), the export of the goods from Australia is not limited by a foreign export licence or a foreign export authorisation to which the goods are subject.

"intermediate consignee" means an entity that is:

                     (a)  a freight forwarder; or

                     (b)  a customs broker; or

                     (c)  a commercial air, land or sea freight carrier or transport provider;

and includes an entity that acts in that capacity as the agent of another entity.

Note:          The following words and expressions used in this regulation have the meaning given by subsection 4(1) of the Act:

(a)    Article 3(1) US Defence Article;

(b)    Article 3(3) US Defence Article;

(c)    Australian Community member;

(d)    defence services;

(e)    Defense Trade Cooperation Munitions List;

(f)    Defense Trade Cooperation Treaty;

(g)    DSGL technology;

(h)    foreign person;

(i)     goods;

(j)     Implementing Arrangements;

(k)    member of the United States Community;

(l)     original goods;

(m)   registered broker;

(n)    supply;

(o)    technology.



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