Who must comply with Defence Trade Controls Act — export of controlled goods + tech?
The applicability test for Defence Trade Controls Act — export of controlled goods + tech, computed across 35 industries, 9 business structures and 6 size bands.
Short answer: Only if
Applies only if you export or transfer goods or technology on the Defence and Strategic Goods List. Whether it applies turns on a fact that no industry, structure or size settles on its own.
What the obligation is
Defence + dual-use goods + technology export-controlled — permit required.
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.
The applicability test
Applies only if you export or transfer goods or technology on the Defence and Strategic Goods List. Whether it applies turns on a fact that no industry, structure or size settles on its own.
How the regulator frames it: 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.
Jurisdiction: Commonwealth law, so the test is the same in every state and territory.
Which industries are in or out
Outcome across the 35 industries Rules Mate maps (35 of 35: no).
The answer is the same in every industry: no. Industry does not change who must comply.
Business structure and size
Structure does not change the answer across all industries: for every structure the answer is "no".
Size does not change the answer across all industries: at every size band the answer is "no".
Worked examples
Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:
- Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires a trigger outside this questionnaire.
When you need to check further
The engine shows this obligation as "check whether this applies" when a business has international activity and industry: Manufacturing / Software & SaaS / Education — higher education providers / Aviation (incl. drones). It then applies only if you export or transfer goods or technology on the Defence and Strategic Goods List. That fact is not something Rules Mate can infer from industry, structure or size.
What you must do, and when
- 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.
- Frequency
- When a triggering event occurs
- Evidence to keep
- 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.
- Status
- Current
- Priority
- High
Penalty for not complying
Maximum 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.
Criminal liability
Audit or assurance level
Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.
Where it sits in the corpus
Rules Mate tracks 2 published obligations tagged "defence", 0 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 0 of those apply outright. This obligation is rated high priority and carries criminal liability, and is triggered by events.
Regulator, legislation and tools
Defence Trade Controls Act 2012: Export controls for Defence + dual-use goods + technology + brokering + intangible supply.
Free tools that help with this obligation:
Questions
- Who must comply with Defence Trade Controls Act — export of controlled goods + tech?
- Applies only if you export or transfer goods or technology on the Defence and Strategic Goods List. Whether it applies turns on a fact that no industry, structure or size settles on its own.
- Does Defence Trade Controls Act — export of controlled goods + tech apply to sole traders?
- No. Across every industry and every size band, the engine's answer for a sole trader is: no.
- Does Defence Trade Controls Act — export of controlled goods + tech apply to businesses with 1–5 employees?
- No (1–5 employees, turnover $100K–$1M).
- 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.
Related
Sources
Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.