Document ID: chunk:federal_register_of_legislation:C2024C00463:section:5
Version: federal_register_of_legislation:C2024C00463
Segment Type: section
Provision Reference: s 5
Character Range: 24777–26990

5  US Defence Articles

Article 3(1) US Defence Article
 (1) Article 3(1) US Defence Article means goods:
 (a) the initial movement of which is from a member of the United States Community to an Australian Community member, or to an Australian Community facility, for an activity referred to in Article 3(1)(a), (b), (c) or (d) of the Defense Trade Cooperation Treaty; and
 (b) that are listed in Part 1 of the Defense Trade Cooperation Munitions List immediately before the start of that movement; and
 (c) that are not listed in Part 2 of the Defense Trade Cooperation Munitions List immediately before the start of that movement.
 (2) Goods incorporating an Article 3(1) US Defence Article within the meaning of subsection (1) are also an Article 3(1) US Defence Article.
 (3) The modification of an Article 3(1) US Defence Article in any way does not affect the status of the goods concerned as an Article 3(1) US Defence Article.

Article 3(3) US Defence Article
 (4) Article 3(3) US Defence Article means goods:
 (a) acquired by, and delivered to, the Government of Australia as mentioned in Article 3(3) of the Defense Trade Cooperation Treaty; and
 (b) that are listed in Part 1 of the Defense Trade Cooperation Munitions List at the time of that delivery; and
 (c) that are not listed in Part 2 of the Defense Trade Cooperation Munitions List at the time of that delivery.
 (5) Goods incorporating an Article 3(3) US Defence Article within the meaning of subsection (4) are also an Article 3(3) US Defence Article.
 (6) The modification of an Article 3(3) US Defence Article in any way does not affect the status of the goods concerned as an Article 3(3) US Defence Article.

Original goods
 (7) Original goods means goods that are:
 (a) an Article 3(1) US Defence Article within the meaning of subsection (1); or
 (b) an Article 3(3) US Defence Article within the meaning of subsection (4).

Incorporated goods
 (8) Incorporated goods means goods that are:
 (a) an Article 3(1) US Defence Article within the meaning of subsection (2); or
 (b) an Article 3(3) US Defence Article within the meaning of subsection (5).
Note: See also section 35 (about transition to the Defense Trade Cooperation Treaty).