Commonwealth Consolidated Regulations

DEFENCE TRADE CONTROLS REGULATION 2013 - REG 4

    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.