Legislation

Australian export controls are administered through a range of legislation.

Export controls legislative framework (PDF, 418.94 KB)

Customs Act 1901 – Regulations 13(E-EK)

The Customs Act 1901 (Customs Act) – via Regulations 13(E-EK) of the Customs (Prohibited Exports) Regulations 1958 (Customs Regulations) – controls the export from Australia of tangible military and dual-use goods and technology on the Defence and Strategic Goods List.

Defence Trade Controls Act 2012

The Defence Trade Controls Act 2012 (DTC Act) controls the supply, publication and brokering of tangible and intangible goods and technology on the Defence and Strategic Goods List (DSGL).

Before issuing permits under the Customs Act or DTC Act, the Minister for Defence must consider whether the export would prejudice Australia’s security, defence or international relations, having regards to criteria listed in the legislation. These criteria are listed in the Customs Act, Customs Regulations, DTC Act and the Defence Trade Controls Regulations 2013.

Customs Act 1901 – Section 112BA (Military End-Use Provisions)

Section 112BA of the Customs Act authorises the Minister for Defence to prohibit the export of non-DSGL listed goods that may contribute to a military end-use that would prejudice Australia’s security, defence or international relations. Defence notifies exporters by issuing a prohibition notice.

Weapons of Mass Destruction (Prevention of Proliferation) Act 1995

The Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 (WMD Act) regulates any goods, technology or provision of services that could be used in, or assist, a weapons of mass destruction (WMD) program. The WMD Act grants the Minister for Defence the power to:

• prohibit the export or supply of goods and technology (and/or provision of services) that may assist or be used in a WMD program
• issue a permit for the export or supply of goods and technology (and/or provision of services), if it aligns with Australia’s international and/or treaty obligations or the national interest.

A WMD program is any plan for the development, production, acquisition or stockpiling of nuclear, biological or chemical weapons or missiles capable of delivering such weapons.

Provision of services includes, but is not limited to:

• working as an employee
• conferring a benefit
• granting a right or privilege
• providing a facility or technological information
• procuring another to supply or export goods or provide services
• otherwise assisting someone by providing training or acting as a consultant or advisor.

Anyone suspicious of a transaction resulting in items being used in a WMD program must not proceed with the activity and contact Defence to discuss the basis for their suspicion.