On 1 September 2024, the new Defence Trade Controls Amendment Act 2024 and Defence Trade Legislation Amendment Regulations 2024 commenced. This updated Australia’s defence export controls laws in 2 major ways:
- 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.
- Creation of 3 new controls in the Defence Trade Controls Act 2012 (in addition to the existing 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.
Permits may be required for activities under the 3 new controls. Further information, including guidance relevant to Section 10A, 10B and 10C permits, can be found on the Permits page.
The passage of the Defence Trade Controls Amendment Act 2024 was supported by an impact analysis, which was independently assessed by the Office of Impact Analysis within the Department of the Prime Minister and Cabinet.