Broker registration and permits

Brokering occurs when an Australian citizen, acting as an agent or intermediary, arranges the supply of controlled goods, software and technology between two people, and benefits in some way from the supply. Supply in this context includes sale, exchange, gift, lease, hire and hire-purchase.

Only brokers registered with Defence are eligible to hold a brokering permit.

Brokering controls

Brokering controls apply to:

• anyone located in Australia
• Australian citizens or residents located outside Australia brokering as individuals
• any company incorporated under Australian law.

Brokering controls do not apply to an Australian citizen or resident who is brokering as an employee of a foreign company.

A permit is required before brokering for two people who are both located outside of Australia where the goods, software or technology:

• are listed in Part 1 of the DSGL
• are listed in Part 2 of the DSGL and will have a military end-use, or
• could be used in a Weapons of Mass Destruction (WMD) program.

Activities not captured under the Defence Trade Control Act 2012's brokering controls do not require a permit. This includes freight forwarding, providing financial services, insurance, reinsurance, promotion or advertising.

Registering as a broker

To be registered as a broker, applicants must pass a Fit and Proper Person (FPP) test. Matters taken into consideration in assessing broker registration applications include:

• criminal history
• history of insolvency, bankruptcy or debt relief
• history of non-compliance with export control laws.

Applicants that do not hold a current security clearance level of Negative Vetting 1 or higher must submit a national police check along with the registration application.

Registration as a broker is valid for 5 years. All registered brokers are added to a public register.

Applications for a brokering registration can be made via the My Australian Defence Exports (MADE) portal.

Brokering permits

Permits may be sought for a particular arrangement or more than one arrangement that includes DSGL goods, software or technology from several suppliers. Permits can be valid for up to 5 years.

It is important to provide as much information as possible about the brokering activity in the application so that the most appropriate permit can be issued.

Applications for a brokering permit can be made via the MADE portal.

Register of brokers

This is the register of brokers as required by section 24 of the Defence Trade Controls Act 2012.