Document ID: chunk:federal_register_of_legislation:F2024C01038:reg:7
Version: federal_register_of_legislation:F2024C01038
Segment Type: reg
Provision Reference: reg 7
Character Range: 11575–12949

7  Exception to offences under sections 10, 10A, 10B and 10C of the Act—Australian Defence Article
 (1) For the purposes of subsections 10(4), 10A(8), 10B(9) and 10C(8) of the Act, this section prescribes a circumstance in which subsections 10(1), 10A(1), 10B(1) and 10C(1) of the Act do not apply.
 (2) The circumstance is that:
 (a) the supply of DSGL goods or DSGL technology, or provision of DSGL services, as mentioned in subsection 10(1), 10A(1), 10B(1) or 10C(1) of the Act (as the case requires):
 (i) is by an Australian Community member to a member of the United States Community; or
 (ii) is by a member of the United States Community to another member of the United States Community; and
 (b) the supply, or the provision of DSGL services, is for an activity referred to in Article 3(1)(a), (b), (c) or (d) of the Defense Trade Cooperation Treaty; and
 (c) any of the following applies:
 (i) for a supply of DSGL goods—at the time of the supply, the goods are an Australian Defence Article;
 (ii) for a supply of DSGL technology—the DSGL technology relates to goods that, at the time of the supply, are an Australian Defence Article;
 (iii) for the provision of DSGL services—the services are provided in relation to goods that, at the time the services are provided, are an Australian Defence Article.
Note: Australian Defence Article is defined in section 4.