Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsSelect Legislative Instrument No. 93, 2013
made under the
Defence Trade Controls Act 2012
Compilation No. 3
Compilation date: 20 March 2024
Includes amendments: F2024L00294
Registered: 2 April 2024
About this compilation
This compilation
This is a compilation of the Defence Trade Controls Regulation 2013 that shows the text of the law as amended and in force on 20 March 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Name of regulation
3 Authority
4 Definitions
5 Australian Community member--requirements to be satisfied
Part 2--Dealings in items on the Defence and Strategic Goods List
6 Exception to offence--permission to export DSGL technology
7 Exception to offence--Australian Defence Article
8 Criteria for deciding whether things prejudicial to security, defence or international relations of Australia
Part 3--Defense Trade Cooperation Treaty
Division 1--Approval conditions: US Defence Articles
9 Approval conditions--access to US Defence Articles
10 Approval conditions--loss, theft or destruction of US Defence Articles
11 Approval conditions--marking of US Defence Articles or technology
12 Approval conditions--marking for defence services relating to US Defence Article
13 Approval conditions--marking for defence services relating to technology
Division 2--Approval conditions: Australian Defence Articles
14 Approval conditions for dealing with Australian Defence Articles
15 Approval conditions--marking of Australian Defence Articles or technology
16 Approval conditions--marking for defence services relating to Australian Defence Articles
17 Approval conditions--marking for defence services relating to technology
Division 3--Approval condition: annual compliance report
18 Annual compliance report
Division 4--Exceptions to treaty offences
Subdivision A--Exceptions to main offence
19 Supply of goods, technology relating to goods or defence services
Subdivision B--Approval of intermediate consignees
20 Application for approval
21 Cancellation of approval
22 Review of decisions
Part 4--Monitoring powers
23 Identity cards
Part 6--Record-keeping
Division 1--Permit-holders under Part 2 of the Act
24 Section 11 permit holders--information to be contained in records
25 Registered brokers--information to be contained in records
Division 2--Approval-holders under section 27 of the Act
26 Activities for which records must be kept
27 Information to be contained in records
Part 8--Other matters
Division 1--Notices, permits or approvals
28 Notices, permits or approvals--service and receipt
Division 2--Forfeiture
29 Storage of seized goods etc
30 Destruction of condemned goods etc
31 Dealing with condemned goods etc
32 Storage of condemned goods etc
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Number and year | FRLI registration | Commencement | Application, saving and transitional provisions |
93, 2013 | 3 June 2013 (F2013L00902) | s 6 and 7: 2 Apr 2016 (s 2 item 2) |
|
67, 2015 | 15 May 2015 (F2015L00693) | 16 May 2015 (s 2) | -- |
Name | Registration | Commencement | Application, saving and transitional provisions |
Customs (Prohibited Exports) Amendment (Defence and Strategic Goods) Regulations 2018 | 20 Apr 2018 (F2018L00503) | Sch 1 (items 29, 30): 21 Apr 2018 (s 2(1) item 1) | -- |
Statute Law Amendment (Prescribed Forms) Regulations 2024 | 15 Mar 2024 (F2024L00294) | Sch 1 (item 15): 20 Mar 2024 (s 2(1) item 1) | -- |
Provision affected | How affected |
Part 1 |
|
s 2..................... | rep LA s 48D |
Part 2 |
|
s 6..................... | am F2018L00503 |
s 8..................... | rs No 67, 2015 |
Part 4 |
|
s 23.................... | am F2024L00294 |
Part 6 |
|
Division 1 |
|
s 24.................... | am No 67, 2015 |