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Defence Trade Controls Act — export of controlled goods + tech

Defence + dual-use goods + technology export-controlled — permit required.

highcurrentevent drivenCriminal liability

Who must comply

Any person who supplies DSGL goods or technology from Australia, supplies DSGL technology to a foreign person in Australia, provides DSGL services offshore as an Australian person, or arranges (brokers) supplies of DSGL items between places outside Australia: defence primes and suppliers, dual-use manufacturers, software and technology firms, universities and research institutions, and individuals.

What triggers it

A planned export, supply, provision of access, publication, re-export or brokering arrangement involving goods, software or technology within Part 1 (military) or Part 2 (dual-use) of the DSGL, unless an exemption such as the AUKUS licence-free environment applies.

When due

A permit (or registration and permit for brokers) must be held before the supply, access or arrangement occurs, and its conditions apply for as long as it is in force. Exporters must also meet any separate Australian Border Force and Australian Sanctions Office requirements.

Evidence required

DSGL classification assessment for each item or technology; s 11 supply permits or s 16 brokering permits and their conditions; broker registration; records of foreign persons given access to controlled technology; end-use and end-user documentation; internal export compliance procedures and training records.

Max penalty

Criminal: supplying DSGL technology from Australia without a permit (s 10) or brokering Part 1 DSGL supplies without a permit (s 15) carries imprisonment for up to 10 years or 2,500 penalty units ($910,000), or both.

Who must comply with this? The applicability test by industry, business structure and size.

Summary

The Defence Trade Controls Act 2012 controls the movement of military and dual-use goods, software, technology and services listed on the Defence and Strategic Goods List (DSGL). Defence Export Controls assesses applications to export, supply, publish, re-export or broker DSGL items and issues permits where the transfer will not prejudice Australia's defence, security or international relationships. Since the Defence Trade Controls Amendment Act 2024, the Act also reaches supplies of DSGL technology within Australia to a foreign person (s 10A), certain supplies made outside Australia (s 10B) and DSGL services provided by Australian persons offshore (s 10C), while enabling a licence-free environment for transfers among Australia, the United Kingdom and the United States. Brokers must be registered and hold a permit under s 16 for each arrangement.

Source legislation

Topics

defenceexport-controlstrade

Related

Frequently asked questions

Who must comply with Defence Trade Controls Act — export of controlled goods + tech?
Any person who supplies DSGL goods or technology from Australia, supplies DSGL technology to a foreign person in Australia, provides DSGL services offshore as an Australian person, or arranges (brokers) supplies of DSGL items between places outside Australia: defence primes and suppliers, dual-use manufacturers, software and technology firms, universities and research institutions, and individuals.
What triggers Defence Trade Controls Act — export of controlled goods + tech?
A planned export, supply, provision of access, publication, re-export or brokering arrangement involving goods, software or technology within Part 1 (military) or Part 2 (dual-use) of the DSGL, unless an exemption such as the AUKUS licence-free environment applies.
When is Defence Trade Controls Act — export of controlled goods + tech due?
A permit (or registration and permit for brokers) must be held before the supply, access or arrangement occurs, and its conditions apply for as long as it is in force. Exporters must also meet any separate Australian Border Force and Australian Sanctions Office requirements.
What is the maximum penalty for Defence Trade Controls Act — export of controlled goods + tech?
Criminal: supplying DSGL technology from Australia without a permit (s 10) or brokering Part 1 DSGL supplies without a permit (s 15) carries imprisonment for up to 10 years or 2,500 penalty units ($910,000), or both.
What evidence is required for Defence Trade Controls Act — export of controlled goods + tech?
DSGL classification assessment for each item or technology; s 11 supply permits or s 16 brokering permits and their conditions; broker registration; records of foreign persons given access to controlled technology; end-use and end-user documentation; internal export compliance procedures and training records.

Source: https://www.defence.gov.au/business-industry/exporting/export-controls-framework. Rules Mate is not a law firm. Always verify against the live regulator source before acting.