Document ID: chunk:federal_register_of_legislation:C2024A00021:clause:1_10c:p2
Version: federal_register_of_legislation:C2024A00021
Segment Type: clause
Provision Reference: sch 1 cl 10C (pt 2/3)
Character Range: 36406–39090

provided in relation to incorporated goods—any of the original goods incorporated in the incorporated goods.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.
 (4) Subsection (1) does not apply if:
 (a) the DSGL services are provided by or on behalf of a person or body to an officer or employee of the person or body; and
 (b) the officer or employee is a citizen or permanent resident of a foreign country that is specified in an instrument under subsection 15(4A); and
 (c) the provision of the DSGL services occurs in the course of the officer or employee's duties as an officer or employee.
Note: A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code.
 (5) Subsection (1) does not apply if:
 (a) the DSGL services are provided in support of a lawful supply of DSGL goods or DSGL technology; and
 (b) the DSGL services solely consist of training with respect to, or the performance of, maintenance relating to the DSGL goods or DSGL technology; and
 (c) the maintenance covered by the training, or which is performed, is limited to inspection, testing, calibration or repair (including overhaul, reconditioning and one‑to‑one replacement of any defective items, parts or components); and
 (d) the maintenance covered by the training, or which is performed, does not include any modification, enhancement, upgrade or other form of alteration or improvement that:
 (i) enhances the performance or capability of the DSGL goods or DSGL technology; and
 (ii) is not only an alteration or improvement in relation to the reliability or maintainability of the DSGL goods or DSGL technology.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5): see subsection 13.3(3) of the Criminal Code.
 (6) Subsection (1) does not apply if:
 (a) the DSGL services are provided by or to a person who is a member of the Australian Defence Force, an APS employee, an employee of ASIO, an employee of ASIS, an employee of ASD, a member or special member of the Australian Federal Police or a member of the police force of a State or Territory; and
 (b) the provision of the DSGL services occurs in the course of the person's duties as such a person; and
 (c) the DSGL services are not provided in relation to DSGL goods or DSGL technology that is:
 (i) an Australian Military Sales Program item; or
 (ii) specified in a determination in force under subsection 5C(3); or
 (iii) prescribed by the regulations for the purposes of this subparagraph.
Note: A defendant bears an evidential burden in relation to the