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  8. Research Ethics & Integrity
  9. Export Controls, Foreign Influence, Sanctions
  10. Defence Trade Control Act

Defence Trade Control Act

The Defence Trade Control Act

The Defence Trade Control Act 2012 (DTCA) has put in place new control measures to regulate the export from Australia to overseas locations of certain defence and strategic goods and technology listed in the Defence and Strategic Goods List (DSGL).

In 2016, heavy criminal penalties were put in place for the 'intangible' (non-physical) transfer or supply (including emails) and publication of goods and technologies listed on the DSGL. Criminal liability applies not only to military goods, but also to 'dual use' technologies designed for a specific purpose, but with potential application to military use.

The DSGL and Permit Requirements

The DSGL specifies goods, software or technology that is regulated when exported, supplied, brokered or published. It comprises two parts: Part 1 covers defence and related goods/technologies that are specifically designed and adapted for use by armed forces; and Part 2 covers goods that have a dual use i.e. have been designed for particular commercial needs but could be adapted for the military usage.

Goods listed in the DSGL may not be exported from Australia unless a permit has been granted by the Minister of Defence through the Defence Export Control (DEC) officer. For the purposes of the DTCA, export includes and is defined as follows:

Exemptions

Controls on intangible transfer do not apply to technology that is:

  • 'in the public domain' - if the technology is already available to the public, for example, in publications, product brochures and public blogs, websites, podcasts or databases, then it is not controlled. This exemption applies to all software and technology in the DSGL;
  • 'basic scientific research' - any technology which extends only to the "fundamental principles of phenomena or observable facts", and is "primarily directed towards a specific practical aim or objective", falls within the definition of basic scientific research, and would therefore not be controlled. This exemption applies to all technology listed on the DSGL.

How do I Know when Export Controls Apply and a Permit is Required?

The Online DSGL Tool and Scenarios can assist you to determine if items are subject to export control and whether the export/supply/publication/brokering activity requires a permit.

DECO provides a number of other resources to assist you to comply with export control laws:

Export Controls at the University of Canberra

Researchers are responsible for complying with the requirements of the DTC. However, Research Services provides support for researchers, through the provision of periodic training/workshops and one-on-one sessions with individual researchers and research groups whose activity may require a permit. Research Services can also facilitate meetings with the Defence Export Controls teams as needed.

If, following the completion of the Online DSGL self-assessment, you believe your research may be controlled activity, please contact the compliance office at researchethicsandintegrity@canberra.edu.au.