Document ID: chunk:federal_register_of_legislation:C2024A00021:clause:1_5c:p1
Version: federal_register_of_legislation:C2024A00021
Segment Type: clause
Provision Reference: sch 1 cl 5C (pt 1/3)
Character Range: 10182–12799

5C  Relevant supplies and relevant DSGL services

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