Document ID: chunk:federal_register_of_legislation:C2024C00463:section:10c:p2
Version: federal_register_of_legislation:C2024C00463
Segment Type: section
Provision Reference: s 10C (pt 2/4)
Character Range: 60411–63083

Code.
 (3) Subsection (1) does not apply if:
 (a) the DSGL services are provided in relation to:
 (i) goods that are an Article 3(1) US Defence Article; or
 (ii) goods that are an Article 3(3) US Defence Article; or
 (iii) DSGL technology in relation to original goods; and
 (b) the DSGL services are provided by an Australian Community member or by a member of the United States Community; and
 (c) the DSGL services are provided to an Australian Community member or a member of the United States Community; and
 (d) the DSGL services are for an activity referred to in Article 3(1)(a), (b), (c) or (d) of the Defense Trade Cooperation Treaty; and
 (e) at the time of the provision of the DSGL services, the following are listed in Part 1 of the Defense Trade Cooperation Munitions List:
 (i) if the DSGL services are provided in relation to original goods or DSGL technology in relation to original goods—the original goods;
 (ii) if the DSGL services are provided in relation to incorporated goods—any of the original goods incorporated in the incorporated goods; and
 (f) at the time of the provision of the DSGL services, the following are not listed in Part 2 of the Defense Trade Cooperation Munitions List:
 (i) if the DSGL services are provided in relation to original goods or DSGL technology in relation to original goods—the original goods;
 (ii) if the DSGL services are 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