13Approval conditions—marking for defence services relating to technology

13 Approval conditions—marking for defence services relating to technology

(1) For subparagraph 28(1)(f)(ii) 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 technology relating to original goods.

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

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