(1) This section applies if:
(a) the Commonwealth has made an agreement with a foreign country to supply to the country a product in relation to which a design is registered, which embodies the design; and
(b) the product is required for the defence of the country.
(2) The use of the product by the Commonwealth, or by a person authorised in writing by the Commonwealth, for the purposes of supplying the product is taken, for the purposes of this Part, to be a use of the product by the Commonwealth for the services of the Commonwealth.
(3) The Commonwealth or the authorised person may:
(a) sell the product to the country under the agreement; and
(b) sell to any person any of the products that are not required for the purpose for which they were made.