Commonwealth Consolidated Acts

DEFENCE TRADE CONTROLS ACT 2012 - SECT 5C

Relevant supplies

  (1)   A supply of DSGL goods or DSGL technology is a relevant supply unless:

  (a)   the supply is covered by subsection   (1A), (1B) or (1C); and

  (b)   any requirements prescribed by the regulations for the purposes of this paragraph that apply in relation to the supply are satisfied.

  (1A)   This subsection covers a supply of DSGL goods or DSGL technology if:

  (a)   the supply is to any of the following:

  (i)   an Australian person;

  (ii)   a citizen or permanent resident of the United Kingdom or United States of America;

  (iii)   a body corporate incorporated by or under a law of the United Kingdom or United States of America, or of part of either of those countries;

  (iv)   the Government of the United Kingdom or United States of America, or the government of part of either of those countries;

  (v)   an authority of the Government of the United Kingdom or United States of America, or the government of part of either of those countries; and

  (b)   either:

  (i)   the supply is to, or occurs wholly at, a place in Australia, the United Kingdom or the United States of America; or

  (ii)   if the supply is the provision of access to DSGL technology--at the time of the provision of access, the person to whom the access is provided is in Australia, the United Kingdom or the United States of America; and

  (c)   the DSGL goods or DSGL technology is not:

  (i)   an Australian Military Sales Program item; or

  (ii)   excluded by a determination in force under subsection   (3).

  (1B)   This subsection covers a supply of DSGL goods or DSGL technology if:

  (a)   the DSGL goods or DSGL technology is:

  (i)   an Australian Military Sales Program item; or

  (ii)   any other DSGL goods or DSGL technology not excluded by a determination in force under subsection   (3); and

  (b)   the supply is made in accordance with an agreement or arrangement between Australia and one or more foreign countries, including an agreement, arrangement or understanding between a Minister and an official or authority of one or more foreign countries.

  (1C)   This subsection covers a supply of DSGL technology if:

  (a)   the supply is to any of the following:

  (i)   a citizen or permanent resident of a foreign country that is specified in an instrument under subsection   15(4A);

  (ii)   a body corporate incorporated by or under a law of a foreign country that is specified in an instrument under that subsection, or of part of such a country;

  (iii)   the government of a foreign country that is specified in an instrument under that subsection, or of part of such a country;

  (iv)   an authority of the government of a foreign country that is specified in an instrument under that subsection, or the government of part of such a country; and

  (b)   any of the following applies:

  (i)   the place from which the supply is made and the place to which the supply is made are both in Australia;

  (ii)   the supply occurs wholly at a place in Australia;

  (iii)   if the supply is the provision of access to DSGL technology--at the time of the provision of access, both the person providing the access and the person to whom the access is provided are in Australia; and

  (c)   the DSGL goods or DSGL technology is not:

  (i)   an Australian Military Sales Program item; or

  (ii)   excluded by a determination in force under subsection   (3).

Relevant DSGL services

  (2)   DSGL services are relevant DSGL services unless:

  (a)   the provision of the DSGL services is covered by subsection   (2A) or (2B); and

  (b)   any requirements prescribed by the regulations for the purposes of this paragraph that apply in relation to the provision of the DSGL services are satisfied.

  (2A)   This subsection covers the provision of DSGL services if:

  (a)   the DSGL services are provided to any of the following:

  (i)   an Australian person;

  (ii)   a citizen or permanent resident of Canada, New Zealand, the United Kingdom or the United States of America;

  (iii)   a body corporate incorporated by or under a law of Canada, New Zealand, the United Kingdom or the United States of America, or of part of such a country;

  (iv)   the Government of Canada, New Zealand, the United Kingdom or the United States of America, or the government of part of such a country;

  (v)   an authority of the Government of Canada, New Zealand, the United Kingdom or the United States of America, or the government of part of such a country; and

  (b)   the DSGL services are received at a place in Australia, Canada, New Zealand, the United Kingdom or the United States of America; and

  (c)   the DSGL goods or DSGL technology to which the DSGL services relate is not:

  (i)   an Australian Military Sales Program item; or

  (ii)   excluded by a determination in force under subsection   (3).

  (2B)   This subsection covers the provision of DSGL services if:

  (a)   the DSGL goods or DSGL technology to which the DSGL services relate is:

  (i)   an Australian Military Sales Program item; or

  (ii)   any other DSGL goods or DSGL technology not excluded by a determination in force under subsection   (3); and

  (b)   the DSGL services are provided in accordance with an agreement or arrangement between Australia and one or more foreign countries, including an agreement, arrangement or understanding between a Minister and an official or authority of one or more foreign countries.

Excluded DSGL goods or DSGL technology

  (3)   The Minister may, by legislative instrument, determine that specified DSGL goods or DSGL technology is excluded for the purposes of subsections   (1A), (1B), (1C), (2A) and (2B).

Definitions

  (4)   In this section:

"place" includes:

  (a)   a vehicle, vessel or aircraft; and

  (b)   an area of water; and

  (c)   a fixed or floating structure or installation of any kind.