Defence Export Controls

The Defence Export Controls Act (DTCA) regulates:

• the intangible supply of DSGL technology from Australia to a person outside of Australia;
• the supply of DSGL technology to a non-exempt foreign person in Australia;
• certain supplies of DSGL goods and technology, that were previously exported or supplied from Australia, from a place outside of Australia to another;
• the provision of DSGL services (related to Part 1 DSGL goods and technology) by an Australian person to a foreign person outside of Australia;
• brokering of DSGL Part 1 goods and technology, as well as DSGL Part 2 goods and technology where that DSGL Part 2 goods and technology will or may be used for a military end-use or Weapons of Mass Destruction (WMD) program; and
• the publication of DSGL Part 1 technology only.

Effective 1 September 2024, changes to Australia’s defence export control laws under the Defence Trade Controls Amendment Act 2024 and supporting regulations have come into force. Key updates include the creation of a AUKUS licence-free environment for most military and dual-use goods and technology transfers between Australia, the United Kingdom, and the United States. Additionally, three new offences have been introduced under the Defence Trade Controls Act 2012, requiring permits for certain activities involving DSGL items and services – specifically their supply to foreign persons within Australia (10A), the re-supply of previously exported sensitive DSGL items (10B), and the provision of DSGL-related services to foreign nationals overseas (10C).

The purpose of the DTCA is to protect the national security by preventing sensitive goods and technologies from falling into the wrong hands via intangible export methods.

Australia’s export controls are governed by a range of legislation, which are listed on the Defence Export Controls Legislation webpage.

The Defence and Strategic Goods List 2024 (DSGL) specifies the goods, software, and technologies that are regulated under Australia’s export control legislation. The goods, software and technologies on the list are agreed in conjunction with members of various international non-proliferation and export control regimes. These are commonly referred to as 'controlled' items. A permit is required when exporting, brokering or publishing DSGL items, or supplying DSGL goods, technology or services, unless an exemption or exception applies.

The DSGL specifies controlled items under two categories:

Part 1 (Military) – covers items that are designed or adapted for military use, including their parts and accessories, and non-military lethal goods, software and technology.

Part 2 (Dual-Use) – covers items that are generally used for commercial purposes but that could be used as military components or for the development or production of military systems or weapons of mass destruction. The Dual-use list is further split into the following categories:

• Category 0 – Nuclear Materials
• Category 1 – Materials, Chemical, Micro-organisms and Toxins
• Category 2 – Materials Processing
• Category 3 – Electronics
• Category 4 – Computers
• Category 5 – Telecommunications and Information Security
• Category 6 – Sensors and Lasers
• Category 7 – Navigation and Avionics
• Category 8 – Marine
• Category 9 – Aerospace and Propulsion

Exemptions for DSGL Technology

The exemption applies to all software and technology listed in the DSGL if the technology is already available on the public domain (e.g. published in publications, product brochures/public blogs, websites, podcasts or databases).

Exemption also applies for fundamental (basic or applied) research conducted where the results would be published and are not subject to any restrictions on disclosure for purposes connected with the security or defence of Australia or any foreign country.

Other exemptions may apply including medical equipment specifically designed for medical end-use or clinical trials involving a therapeutic product which is entered on the Australian Register of Therapeutic Goods. For more detail, please refer to the Defence and Strategic Goods List webpage.

Activities regulated under the DTCA, also known as 'controlled activities', fall into the following categories:

• Intangible supply: the provision of controlled goods or technology by 'intangible' means via methods such as email, fax or by providing a password to access electronically stored information about restricted technology from within Australia to someone outside Australia or a non-exempt foreign person within Australia.
• Brokering: when a person or organisation in Australia acts as an agent or intermediary to arrange the transfer of controlled goods or technology between two places outside of Australia.
• Publishing: placing information about items on the Munitions list (Part 1) of the DSGL in the public domain or to a sector of the public by print distribution, electronic publishing methods or some other form of dissemination is controlled. The restrictions apply to any person living in Australia or an Australian citizen, resident or organisation located outside of Australia.
  Note: the publication of information relating to technologies and items on the Dual-use list (Part 2) of the DSGL is not restricted and no permit is required.

In specific cases, the Minister of Defence may issue a notice to prohibit a dual-use publication or brokering activity if there is reasonable belief that it would prejudice Australia's security or international obligations.

Difference between 'Supply' and 'Publication' under the Act

If information on a DSGL technology is made available by placing it 'in the public domain', even if it can only be accessed by a payment, it will be a publication. This includes websites available to the public and journals which permit anyone to subscribe. It also includes brochures, blogs, websites, podcasts or databases that are not controlled.

If access to information on a DSGL technology is controlled or restricted to particular users or groups, then it has not been placed 'in the public domain' and it will be a 'supply'. This includes closed conference websites where only members from a select organisation(s) or group(s) can access the conference papers.

To determine if goods, software, or technology related to your research activity are controlled, it is important to review the DSGL as outlined in the section ‘Defence and Strategic Goods List’, and to utilise the Export Controls Permit Assessment Checklist. Additionally, researchers can utilise the self-help tool (accessible via the My Australian Defence Exports (MADE) portal) developed by Defence to clarify the control status of various goods, software, technology, or services listed on the DSGL. These resources will help you assess whether your research is subject to Australia’s export control regulations.

If your research activity involves DSGL-listed goods, software or technologies, and you intend to export in any form such as being taken overseas when travelling (e.g. documents, files, data), accessed from another country outside Australia (e.g. via laptop or cloud storage), shared via email, or exchanged with an international collaborator or a foreign person within Australia, you may require a permit. Please contact the Research Office for further advice on the Defence Export Control permit process.

The Research Office will assist you in submitting the permit application for assessment via the MADE portal and manage relevant arrangements and obligations under the Defence Trade Controls Act.

The Defence Export Controls offers a range of training and outreach services to help researchers and organisations understand and comply with Australia’s export control requirements. These services include awareness training, recordings of past events, and deep dive sessions, focusing on how to identify controlled goods, technology, and services and understand obligations under the Defence Trade Controls Act.

Please refer to the Defence Outreach webpage to access the training material including Export Control Changes Deep Dive Materials and Export Controls Guidance and Examples.

Additionally, please refer to the Foreign Arrangements and Foreign Interference Policy to understand University’s commitment to international collaborative arrangements.

For any queries related to Defence Export Controls, please contact research.compliance@westernsydney.edu.au