For subsection 10(4) of the Act, a circumstance in which subsection 10(1) of the Act does not apply is that:
(a) the supply of DSGL technology as mentioned in that subsection:
(i) is by an Australian Community member to a member of the United States Community; or
(ii) is by a member of the United States Community to another member of the United States Community; and
(b) the supply is for an activity referred to in Article 3(1)(a), (b), (c) or (d) of the Defense Trade Cooperation Treaty; and
(c) at the time of the supply, the goods in relation to which DSGL technology is being supplied are an Australian Defence Article.
Note: Australian Defence Article is defined in section 4.