12Approval conditions—marking for defence services relating to US Defence Article

12 Approval conditions—marking for defence services relating to US Defence Article

(1) For subparagraph 28(1)(f)(i) of the Act, this section: (a) sets out conditions to which an approval given under section 27 of the Act is subject; and (b) applies to the holder of an approval who provides defence services in relation to goods that are an Article 3(1) US Defence Article or an Article 3(3) US Defence Article.

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

(2) If the US Defence Article does not have a security classification, the holder must ensure that the documentation accompanying the defence services identifies the Article by including the marking: “//RESTRICTED USML//REL AUS and USA Treaty Community//”. (3) If the US Defence Article has a security classification, the holder must ensure the accompanying documentation includes a marking for it as follows: “//[CLASSIFICATION] USML//REL AUS and USA Treaty Community//”; where “[CLASSIFICATION]” means the security classification level assigned to US Defence Article. (4) If the accompanying documentation has a marking for a US Defence Article 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 the holder provides a defence service orally, the holder must also tell the recipients, at the time providing the service, what marking has been given to the US Defence Article.