Defence Trade Controls Regulation 2013
5BRequirements relating to the definitions of relevant supply and relevant DSGL services
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5B Requirements relating to the definitions of relevant supply and relevant DSGL services
Relevant supply (1) The requirements in subsections (2) and (3) are prescribed for the purposes of paragraph 5C(1)(b) of the Act.
Note: These requirements are an element in excluding a supply of DSGL goods or DSGL technology from the definition of relevant supply: see subsection 5C(1) of the Act.
(2) It is a requirement for a supply of DSGL goods or DSGL technology covered by subsection 5C(1A) or (1C) of the Act that the person who makes the supply has been issued, by the Department, a unique identifier described as a “Defence Export Controls Client Registration Number”. (3) It is also a requirement for a supply of DSGL technology covered by subsection 5C(1A) of the Act that the Department has been given the information mentioned in subsection (4) of this section before the supply is made, if: (a) the supply is from a place in Australia to a place outside Australia; or (b) the supply is the provision of access to DSGL technology and at the time of the provision of access, the person making the supply is in Australia and the person to whom access is provided is outside Australia. (4) For the purposes of subsection (3), the information is the following: (a) a description of the DSGL technology that is to be supplied; (b) the name of any person to whom the supply is to be made; (c) the name of the country in which the DSGL technology supplied is to be received; (d) either: (i) the date on which the supply is to occur; or (ii) if there are to be supplies of DSGL technology within that description over a period of time, to the same person, received in that country—the period of time in which such supplies are to occur. Relevant DSGL services (5) For the purposes of paragraph 5C(2)(b) of the Act, it is a requirement for a provision of DSGL services covered by subsection 5C(2A) of the Act that the person who provides the DSGL services has been issued, by the Department, a unique identifier described as a “Defence Export Controls Client Registration Number”.
Note: This requirement is an element in excluding the DSGL services from the definition of relevant DSGL services: see subsection 5C(2) of the Act.