Commonwealth Consolidated Regulations

DEFENCE TRADE CONTROLS REGULATION 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.