Export controls overview

Important changes to export controls

Amendments to the Defence Trade Control Act mean that from 1 March 2025 it will be an offence to supply DSGL technology to a non-exempt foreign person within Australia without a permit. Previously it was only an offence to supply DSGL technology to a person outside Australia without a permit.

The amendments also create a new licence-free environment where it is now no longer required to obtain a permit to transfer certain DSGL goods and technology between Australia, the United Kingdom and the United States. Defence Export Controls must, however, be notified of all transfers under this arrangement prior to the transfer taking place.

Further information on permit requirements and relevant exemptions is in the information that follows.

What are export controls?

Export controls refers to the set of acts and regulations that seek to regulate:

the export, supply, publishing and brokering of military and ‘dual use’ goods and technology. The goods and technology that Australia controls are included on the Defence and Strategic Goods List.
the supply or export of goods and the provision of services that may assist or be used in a Weapons of Mass Destruction program. A Weapons of Mass Destruction program is any plan for the development, production, acquisition or stockpiling of nuclear, biological or chemical weapons or missiles capable of delivering such weapons.
goods that may contribute to a military end-use that would prejudice Australia’s security, defence or international relations.

Export controls aim to achieve several objectives consistent with Australia’s national interest, including:

ensuring the security and capability edge of our war fighters,
minimising regional and international instability and conflict,
ensuring Australia upholds its international obligations through the responsible export of military and dual-use goods and technology, and
preventing the illicit and irresponsible trade in conventional weapons and proliferation of weapons of mass destruction.

Activities regulated under export controls

Export: occurs when a tangible item (a good) is sent from Australia to a place overseas. This typically happens by ship, aircraft, post, courier or as checked or hand-held luggage. It can, among other things, include returning items to the manufacturer or owner for repair, taking controlled equipment overseas for field work or experiments, and sending items, samples or specimens overseas as part of a research exchange.

Supply: occurs when an intangible item (a technology) is provided, or access to the technology is provided, from a person in Australia to a person outside of Australia, or to a 'non-exempt foreign person' within Australia. This typically happens electronically by email, facsimile, uploading to a server, or by providing passwords to access technology stored electronically.

Publication: occurs when certain technology is placed in the public domain and made publicly available. This includes publishing on the internet, in a journal article and in the publication of conference proceedings. Publication controls apply to anyone in Australia and to Australian citizens, residents or Australian companies outside Australia.

Brokering: occurs when a person or company arranges, as an agent or intermediary, the supply of certain controlled goods, software or technology between two locations outside of Australia and benefits from arranging the supply in some manner.

Who do export controls apply to?

Items regulated under export controls - the Defence and Strategic Goods List (DSGL)

The Defence and Strategic Goods List is a list of military and commercial goods, components, equipment, materials, software and technologies that Australia has agreed to regulate in accordance with various international non-proliferation and export control treaties and regimes. The items on the list have either a direct military use or both a military and non-military use (dual use).

The DSGL has two parts:

Part 1 (the Munitions list) covers goods and technologies designed or adapted for use by armed forces and goods that are inherently lethal. Part 1 has two categories – Military Goods and Non-Military Lethal Goods.

Part 2 (the Dual use list) covers finished goods, components, systems, equipment, materials, software and technology developed for commercial use but that may also have military application. Part 2 has ten categories:

Category 0: Nuclear Materials, Facilities and Equipment
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: Aerospace and Propulsion

For a more detailed breakdown of the DSGL categories, see 'DSGL Part 1 and Part 2 Tables' on the forms and guides page.

For a detailed guidance on the structure of the DSGL, see the ‘DSGL search guide’ on the forms and guides page.

The Sensitive List and Very Sensitive List

The Sensitive List and Very Sensitive List are subsets of the main list and include items that require additional care. The lists are included on the Defence and Strategic Goods List immediately after Part 2.