19Supply of goods, technology relating to goods or defence services

19 Supply of goods, technology relating to goods or defence services

(1) For subsection 31(7) of the Act, this section sets out circumstances in which an offence in subsection 31(1), (2), (3), (4), (5) or (6) of the Act does not apply.

Note: Subsections 31(1) to (6) of the Act set out offences relating to dealings with goods, or dealings in relation to goods, that are Article 3(1) US Defence Articles or Article 3(3) US Defence Articles.

(2) A circumstance in relation to the application of each of those subsections is that: (a) an Australian Community member (the supplier) supplies goods, technology or defence services in the circumstances mentioned in the relevant subsection; and (b) the supplier holds a valid licence or other authorisation granted by the Government of the United States of America that permits the supplier to make the supply in those circumstances. (3) A circumstance in relation to the application of subsection 31(3) of the Act is that the receiver of a supply mentioned in that subsection is an intermediate consignee who: (a) is approved by the Minister under Subdivision B; and (b) is engaged by the Australian Community member (the supplier) to receive an Article 3(1) US Defence Article or an Article 3(3) US Defence Article for the purpose only of transporting the US Defence Article to: (i) the Commonwealth; or (ii) another Australian Community member; or (iii) an Australian Community facility; or (iv) a member of the United States Community.

Note: Information and names of approved intermediate consignees is available on the Department’s website at www.defence.gov.au/ustradetreaty.