Div 3Interpretation

Division 3—Interpretation

3.1 Definitions

  Terms in “quotation marks” are defined terms (see Division 4—Definitions). Words and terms that are defined and that appear in the Defence and Strategic Goods List without quotation marks are intended to take their ordinary dictionary meanings.

3.2 Notes

  The Notes, Technical Notes and Nota Bene (N.B.) appearing in the Defence and Strategic Goods List form an integral part of the control text.

3.3 Incorporated goods

  The object of the controls contained in the Defence and Strategic Goods List should not be defeated by the export of any non‑controlled goods (including plant) containing one or more controlled components when the controlled component or components are the principal element of the goods and can feasibly be removed or used for other purposes.

Note: In judging whether the controlled component or components are to be considered the principal element, it is necessary to weigh the factors of quantity, value and technological know‑how involved and other special circumstances which might establish the controlled component or components as the principal element of the goods being procured.

3.4 New and used goods

  Goods specified in the Defence and Strategic Goods List include both new and used goods.

3.5 CAS numbers

  In some instances, chemicals are listed by name and CAS number. The list applies to chemicals of the same structural formula (including hydrates) regardless of name or CAS number. CAS numbers are shown to assist in identifying a particular chemical or mixture, irrespective of nomenclature. CAS numbers cannot be used as unique identifiers because:

 (a) some forms of the listed chemical have different CAS numbers; and

 (b) mixtures containing a listed chemical may also have different CAS numbers.

3.6 Source code

  “Source code” items are controlled either by “software” or by “software” and “technology” controls, except when such “source code” items are explicitly decontrolled.

3.7 Medical equipment

  Equipment specially designed for medical end‑use that incorporates an item controlled in the Dual‑Use List is not controlled.

3.8 Nuclear technology note (NTN)

Note: To be read in conjunction with section E of Category 0.

3.81  The “technology” directly associated with any goods controlled in Category 0 is controlled according to the provisions of Category 0.

3.82  “Technology” for the “development”, “production” or “use” of goods under control remains under control even when applicable to non‑controlled goods.

3.83  The approval of goods for export also authorises the export to the same end‑user of the minimum “technology” required for the installation, operation, maintenance and repair of the goods.