Export controls

Australia's export control legislation regulates the responsible movement of goods, technology and services both within and outside Australia.

The legislation applies to items with potential military applications (called 'dual-use') even if they are not being researched or used for this purpose. ‘Technology’ also encompasses instructions, skills and training. Restrictions apply to a broad range of items as well as the sharing of information related to the items.

Defence export control laws are just one of the regulatory requirements designed to safeguard Australia’s national interest. In addition to the research activity itself, researchers and innovators also need to consider the research collaborators they work with to ensure compliance with permit and notification needs for Foreign Interference, Foreign Arrangements Scheme, and Sanctions.

Penalties

Defence export control legislation affects researchers and innovators, as the primary responsibility for identifying if export control laws apply rests with the individual.

Penalties for non-compliance are quite severe, including up to 10 years' imprisonment and/or a fine up to $782,500, and the penalties are levied against individuals.

Defence and Strategic Goods List

The Defence and Strategic Goods List (DSGL) specifies the items that are regulated when exported, supplied, brokered or published. It is divided in to two parts:

  • Part 1 - Munitions or military items
  • Part 2 - Dual-use items. This is items developed for commercial purposes but could be used for the development of military systems or weapons.

Part 2 contains 10 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

The list also contains Australia-specific controls relating to firearms and explosives.

A permit is required when exporting, supplying, brokering or publishing items which are included on the list, unless a valid exemption is in place.

Legislative backgound

Australia’s Defence Export Control laws include the Defence Trade Controls Amendment Act 2024 and Defence Trade Legislation Amendment Regulations 2024, which took effect on 1 September 2024. They introduce two important changes to Australia’s defence export control framework:

  1. Establishment of a licence-free environment, where permit requirements are waived for most military and dual-use goods and technology items exported, re-exported or transferred between Australia, United Kingdom and United States (AUKUS) partners. However, pre-notifications are mandatory for the use of the licence-free environment.
  2. Creation of the new controls in the Defence Trade Controls Act 2012. Permits may be required for activities under these controls:
    • Section 10A: supply of Defence and Strategic Goods List (DSGL) technology to a non‑exempt foreign person within Australia
    • Section 10B: supply of goods and technology on Part 1 (Munitions) and Part 2 (Dual Use) ‘Sensitive’ and ‘Very Sensitive’ Lists of the DSGL, that was previously exported or supplied from Australia.
    • Section 10C: provision of DSGL services related to Part 1 of the DSGL to foreign nationals outside of Australia
Do you need a permit?

Researchers and innovators wanting to export, supply, publish or broker any controlled goods or technology listed on the Defence and Strategic Goods List may require an export permit from the Department of Defence. Whether Australia's defence export control laws apply to specific research efforts depends on:

  • what goods, technology or software you are working with
  • what you are doing with them.

Researchers and innovators also need to consider the following:

  • Does the research have any relationship to national interests?
  • Is any of the information you are using or creating classified?
  • Are you collaborating with anyone from a sanctioned country?
  • Does your research have any dual use potential?
  • Does your research have any potential to help individuals from countries or groups that could pose a security risk?
  • Will you be supplying any information, software or goods internationally? Could it be potentially modified for military end-use?
  • Will you be publishing or publicly presenting your findings?
Further information

The Department of Defence has developed resources including guides, videos and case studies. Visit the Australian government website for access to their suite of tools.

University of Newcastle researchers can access additional advice on the Research Hub resources portal.

Defence export controls are just one of the regulatory requirements designed to safeguard Australia’s national interest. Researchers and innovators also need to consider the research collaborators they work with and ensure compliance with permit and notification needs for Foreign Interference, Foreign Arrangements Scheme, and Sanctions.