Legislative background

Legislative background

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