Document ID: chunk:federal_register_of_legislation:F2025C00211:clause:6_5:p1
Version: federal_register_of_legislation:F2025C00211
Segment Type: clause
Provision Reference: sch 6 cl 5 (pt 1/7)
Character Range: 198770–202175

5     An article that is to be exported under a contract to the government of a foreign country                                   The government of the foreign country must:
                                                                                                                                  (a) either:
                                                                                                                                  (i) own the article at the time of importation; or
                                                                                                                                  (ii) intend to acquire ownership of the article within a period that the Minister considers appropriate (to be specified in the permission); and
                                                                                                                                  (b) retain ownership of the article until:
                                                                                                                                  (i) the article is disposed of to the government of another foreign country, or to the government of the Commonwealth, a State or a Territory; or
                                                                                                                                  (ii) the article is destroyed.

Note: See item 3 of Part 3.

2.  Specified purposes test
 2.1 The importation of an article complies with the specified purposes test if, at or before importation, the Minister gives written permission under this item for the importation of the article.
 2.2 The Minister may give written permission for the importation of the article only if the Minister is satisfied that:
 (a) the article:
 (i) is of a type not available in Australia; and
 (ii) is to be used in connection with the production of a film in a State or Territory in which the importer holds a licence or authorisation in accordance with the law of the State or Territory to possess an article of that type and for that use; and
 (iii) is not to be used in an advertisement, a music video or another type of film promoting music or a product; or
 (b) the article is of a type not available in Australia, and is to be used in the development of mountings for a laser target designator in a State or Territory in which the importer holds a licence or authorisation in accordance with the law of the State or Territory to possess an article of that type and for that use; or
 (c) the article is ammunition, or a component of ammunition, to be imported in the following circumstances:
 (i) the ammunition, or the component of ammunition, is to be imported as part of a contract to which a person in Australia is a party;
 (ii) the person made the contract with the intention of supplying the ammunition, or the component of ammunition, to a person outside Australia, in a manner that will not contravene Australia's international obligations;
 (iii) the contract will be in force when the ammunition, or the component of ammunition, is to be imported;
 (iv) if the exportation of the ammunition, or the component of ammunition, after its importation would be prohibited without a permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958—such a permission has been granted, or a person who may grant such a permission has stated, in