11Approval conditions—marking of US Defence Articles or technology

11 Approval conditions—marking of US Defence Articles or technology

(1) For paragraph 28(1)(e) of the Act, this section sets out conditions to which an approval given under section 27 of the Act is subject.

Note: Section 27 of the Act deals with the approval of persons as members of the Australian Community.

Marking for goods (2) If an Article 3(1) US Defence Article or Article 3(3) US Defence Article in the holder’s possession, custody or control does not have a security classification, the holder of the approval must ensure it is marked: “//RESTRICTED USML//REL AUS and USA Treaty Community//”. (3) If the US Defence Article has a security classification, the holder of the approval must ensure it is marked: “//[CLASSIFICATION] USML//REL AUS and USA Treaty Community//”; where “[CLASSIFICATION]” means the security classification level assigned to the US Defence Article. (4) If the US Defence Article has a marking that the holder reasonably believes is incorrect, the holder must: (a) notify the Secretary about the incorrect marking; and (b) correct, or obliterate and replace, the marking. (5) If it is not practicable to mark a particular US Defence Article: (a) the US Defence Article must be accompanied by documentation that includes the marking; and (b) that marking must be clearly visible in the documentation. Marking for technology (6) If an item of technology relating to original goods in the holder’s possession, custody or control does not have a security classification, the holder must ensure it is marked: “//RESTRICTED USML//REL AUS and USA Treaty Community//”. (7) If the item of technology has a security classification, the holder of the approval must ensure it is marked: “//[CLASSIFICATION] USML//REL AUS and USA Treaty Community//”; where “[CLASSIFICATION]” means the security classification level assigned to the technology. (8) If the technology has a marking that the holder reasonably believes is incorrect, the holder must: (a) notify the Secretary about the incorrect marking; and (b) correct, or obliterate and replace, the marking. (9) If it is not practicable to mark each individual item of technology: (a) the item must be accompanied by documentation that includes the marking; and (b) the marking must be clearly visible. (10) For this section, examples of documentation are contracts, invoices, shipping bills and bills of lading.