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Australian Export Controls and the Life Sciences

A guide to understanding export control laws regarding the physical export, intangible supply, publication or brokering of life sciences related goods, software or technology

Annex 4: Notes in the DSGL that apply to controlled items

The DSGL contains Notes which provide guidance on how to interpret a control text. Notes may apply to a Part, Category Item or sub-item. The General Technology Note and the General Software Note apply to all technology and software controls through Part 2.

General Technology Note

This note applies to all technology controls in Categories 1 to 9.

  1. The export of “technology” which is “required” for the “development”, “production” or “use” of goods controlled in Categories 1 to 9, is controlled according to the provisions of Categories 1 to 9.
  2. “Technology” “required” for the “development”, “production” or “use” of goods under control remains under control even when applicable to non‑controlled goods.
  3. Controls do not apply to that “technology” which is the minimum necessary for the installation, operation, maintenance (checking) and repair of those goods which are not controlled or whose export has been authorised.
  4. Note: This does not release such “technology” specified in 1E002.e., 1E002.f., 8E002.a. and 8E002.b.

  5. Controls on “technology” transfer do not apply to information “in the public domain”, to “basic scientific research” or to the minimum necessary information for patent applications.

General Software Note

This note applies to all software controls within Categories 0 to 9.

Categories 0 to 9 of this list do not control “software” which is any of the following:

  1. Generally available to the public by being:
    1. Sold from stock at retail selling points, without restriction, by means of:
      1. Over-the-counter transactions;
      2. Mail order transactions;
      3. Electronic transactions; or
      4. Telephone order transactions; and
    2. Designed for installation by the user without further substantial support by the supplier;
      Note: Entry 1. of the General Software Note does not release “software” specified in Category 5 — Part 2 (“Information Security”).
  2. “In the public domain”; or
  3. The minimum necessary “object code” for the installation, operation, maintenance (checking) or repair of those items whose export has been authorised.
    Note: Entry 3 of the General Software Note does not release “software” controlled by Category 5 — Part 2 (“Information Security”).
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