Document ID: chunk:federal_register_of_legislation:F2025C00189:reg:13ea:p3
Version: federal_register_of_legislation:F2025C00189
Segment Type: reg
Provision Reference: reg 13EA (pt 3/4)
Character Range: 104694–107435

in paragraph (5A)(a) of goods within that description over a period of time, to the same person, in circumstances where the goods are to be exported from Australia to that country—the period of time in which such supplies are to occur.

Goods exported in the course of certain supplies
 (5C) The exportation of goods is not prohibited under subregulation 13E(1) if:
 (a) the goods are:
 (i) DSGL goods (within the meaning of the Defence Trade Controls Act 2012); or
 (ii) goods containing DSGL technology; and
 (b) the DSGL goods or DSGL technology is:
 (i) an Australian Military Sales Program item (within the meaning of that Act); or
 (ii) any other DSGL goods or DSGL technology not excluded by a determination in force under subsection 5C(3) of that Act; and
 (c) the goods are exported in the course of a supply (within the meaning of that Act) 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.

DSGL technology—temporary export
 (6) The exportation of goods is not prohibited under subregulation 13E(1) if all of the following conditions are satisfied:
 (a) the goods constitute, or contain, DSGL technology;
 (b) for goods that contain DSGL technology, but do not constitute DSGL technology—the goods themselves are not specified in the defence and strategic goods list;
 (c) the goods are exported from Australia for use by the exporter outside Australia;
 (d) the exporter or, if the exporter is a body corporate, an employee, agent or officer of the body, will travel with the goods;
 (e) the goods are not to be sold or transferred to, or used by, any person other than the exporter outside Australia;
 (f) the DSGL technology constituted by, or contained in, the goods is not to be disclosed to any person other than the exporter outside Australia;
 (g) the exporter intends to return to Australia with the goods or, if the exporter is a body corporate, the exporter intends that the goods are to be returned to Australia by an employee, agent or officer of the body travelling with the goods.

DSGL technology—export following temporary import
 (7) The exportation of goods is not prohibited under subregulation 13E(1) if all of the following conditions are satisfied:
 (a) the goods constitute, or contain, DSGL technology;
 (b) for goods that contain DSGL technology, but do not constitute DSGL technology—the goods themselves are not specified in the defence and strategic goods list;
 (c) the goods have been imported by a person to Australia from a foreign country for use by the person in Australia, and are exported from Australia