Defence Trade Controls Regulation 2013
Select Legislative Instrument No. 93, 2013
made under the
Defence Trade Controls Act 2012
Compilation No. 5
Compilation date: 14 October 2024
Includes amendments: F2024L01299
About this compilation
This compilation
This is a compilation of the Defence Trade Controls Regulation 2013 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Name of regulation
3 Authority
4 Definitions
5 Australian Community member—requirements to be satisfied
5A Covered security clearance
5B Requirements relating to the definitions of relevant supply and relevant DSGL services
Part 2—Dealings in items on the Defence and Strategic Goods List
6 Exception to offence—permission to export DSGL technology
7 Exception to offences under sections 10, 10A, 10B and 10C of the Act—Australian Defence Article
7A Exception to offence under section 10A of the Act—supply to producer of components
7B Exception to offence under section 10A of the Act—foreign work authorisation
7C Exception to offence under section 10B of the Act—elapsed period
7D Exception to offence under section 10B of the Act—supply of DSGL goods or DSGL technology from the United Kingdom or the United States of America
7E Exception to offence under section 10 of the Act—supply of DSGL technology that is not a relevant supply
8 Criteria for deciding whether things prejudicial to security, defence or international relations of Australia
Part 3—Defense Trade Cooperation Treaty
Division 1—Approval conditions: US Defence Articles
9 Approval conditions—access to US Defence Articles
10 Approval conditions—loss, theft or destruction of US Defence Articles
11 Approval conditions—marking of US Defence Articles or technology
Overview
The Defence Trade Controls Regulation 2013, made under the Defence Trade Controls Act 2012, aims to regulate the export of defence and strategic goods and technology in Australia. This regulation was enacted to address the need for stringent controls on the export of sensitive military and dual-use goods and technology, ensuring that such exports do not compromise national security, defence capabilities, or international obligations. The regulation was introduced to provide a comprehensive framework for the management and oversight of the export of defence-related items, aligning with international obligations under treaties like the Defense Trade Cooperation Treaty. It includes provisions for the licensing, monitoring, and enforcement of export controls, thereby preventing the unauthorized transfer of sensitive goods and technology that could be used for military purposes or pose a threat to national security.
Scope and Application
The Defence Trade Controls Regulation 2013, made under the Defence Trade Controls Act 2012, applies to persons and entities involved in the export, supply, or provision of Defence and Strategic Goods List (DSGL) items, as well as those dealing with Australian Defence Articles and US Defence Articles under the Defense Trade Cooperation Treaty. The regulation governs the handling, marking, and record-keeping requirements for these items, ensuring compliance with Australian and international security protocols. It applies across Australia and extends to international dealings involving Australian entities. Certain activities and items may be exempt from the regulation, such as those involving foreign work authorisations or intermediate consignees approved by the Minister. Subordinate instruments may further extend or modify the application of the Act, allowing for adjustments to the regulatory framework as needed.
Key Provisions
- The Defence Trade Controls Regulation 2013, made under the Defence Trade Controls Act 2012, outlines key provisions governing the export and import of defence and strategic goods and technologies. These provisions include exceptions to offences, requirements for marking and record-keeping, and conditions for approval and compliance. For instance, Section 6 outlines an exception to the offence of supplying Defence and Strategic Goods List (DSGL) technology without permission, provided the supplier holds a valid permission under the Customs (Prohibited Exports) Regulations 1958. Section 7A prescribes a circumstance where subsection 10A of the Act does not apply, such as when the DSGL technology supplied is limited to that which is reasonably necessary for the recipient to produce components and does not enable the determination of the overall design of the DSGL goods.
- The obligations imposed by the Act include requirements for approval conditions, such as ensuring that employees or contractors accessing US Defence Articles or Australian Defence Articles are Australian Community members (Section 9). Furthermore, holders of approvals must comply with conditions related to the marking of articles and technology, ensuring they are clearly marked to indicate their classification and relationship to the US-Australia Treaty Community (Sections 11 and 15). Additionally, holders of approvals must submit annual compliance reports detailing their adherence to the Act and regulation conditions (Section 18).
- Offences and penalties for breaches of the Act include substantial fines and imprisonment. For example, unauthorised dealings with DSGL goods or technology can result in penalties of up to 2,000 penalty units or imprisonment for five years, or both (Section 10). The Act also mandates the destruction of condemned goods and technology that can safely be destroyed, ensuring they do not fall into unauthorised hands (Sections 30 and 31). Furthermore, it provides mechanisms for the forfeiture of goods involved in breaches of the Act, ensuring that such goods do not re-enter the market (Section 71).
- Area of Law
- International Trade Law
- Defence & Security Law
- Instrument
- Legislative Instrument
- Concepts
- Definitions & Interpretation
- Licensing & Registration
- Reporting & Disclosure Obligations
- Enforcement Powers
- Regulatory Standards
- Prohibited Conduct
- Extraterritorial Application
