Export control
The export of defence and dual-use goods is restricted under the Customs Act 1901, the Customs (Prohibited Exports) Regulation 13E 1958 and the Weapons of Mass Destruction Act 1995.
Defence Export Control Office (DECO) (Department of Defence) administers export controls for defence and dual-use goods and has the authority to approve permits and licenses for exports on behalf of the Australian Government.
The Department of Defence has produced an information brochure for tertiary and research institutions in relation to their responsibilities for export controls. Not only is the intangible transfer of WMD-related technology through research, training and conferences a concern, but many universities and tertiary institutions are conducting cutting-edge research, which potentially could be exploited for use in WMD programs.
Researchers should ensure that they have obtained appropriate permits or licences as may be required for any materials that are to be exported.
Defence and Strategic Goods List Amendment 2011
The Defence and Strategic Goods List (DSGL) is the list of all goods and technology which require a Defence permit or license before exportation. The DSGL is in two parts - Part 1: Military Goods and Part 2: Dual-Use Goods. The DSGL includes equipment, assemblies and components, associated test, inspection and production equipment, materials, software and technology.
PART 1 covers defence and related goods. Those goods and technologies designed or adapted for use by armed forces or goods that are inherently lethal. These goods include:
- Military Goods – those goods or technology that is designed or adapted for military purposes including parts and accessories thereof.
- Non Military Lethal Goods (NMLG) – that equipment that is inherently lethal, incapacitating or destructive such as non-military firearms, non-military ammunition and commercial explosives and initiators.
PART 2 covers those goods that have a dual use. Dual-use goods comprise equipment and technologies developed to meet commercial needs but which may be used either as military components or for the development or production of military systems or weapons of mass destruction. This part is further subdivided into and is made up of the following 10 categories:
- Category 0 – Nuclear Materials
- Category 1 – Materials, Chemicals, Microorganisms 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 – Propulsion Systems, Space Vehicles and Related Equipment
The DSGL is amended from time to time to reflect changes in the various multilateral non-proliferation and export control regimes of which Australia is a member.
Publications outlining the details of export controls are available at the DTCC web site:
- Australian Export Controls - an overview
- Australian controls on the export of defence and dual-use goods
- Australian controls on the export of defence and dual-use goods - brochure
- International Chemical Trade Control
- Australian controls for the export of firearms
- Australian Export Controls - Weapons of Mass Destruction
- Suspicious export procurements
- Chemical and Biotech Industry export controls
Australia implements controls on various biological and chemical agents, trade in which is regulated by international agreement, including through the Chemical Weapons Convention (CWC) and control lists established by the Australia Group, given the potential for their diversion to weapons of mass destruction programs. The Australia Group is an informal arrangement which aims to allow exporting or transshipping countries to minimise the risk of assisting chemical and biological weapon (CBW) proliferation.
Australia Group Common Controlled Lists:
- Chemical Weapons Precursors
- Dual-use chemical manufacturing facilities and equipment and related technology
- Dual-use biological equipment
- Biological agents
- Plant pathogens
- Animal pathogens
