Australia’s export trade controls legislation is put in place to reduce the risk of Australian research discoveries getting into the wrong hands. The export trade controls legislation regulates the transfer from Australia to a place outside Australia of Defence and Strategic Goods List (DSGL) items and technology* and certain sensitive research areas. Export Trade Controls include dual-use items (DSGL Part 2) items in applied research. There are some exemptions available most notably for information already in the public domain and also for basic scientific research.
The export** of defence and dual-use goods is restricted under the Customs Act 1901, the Customs (Prohibited Exports) Regulation 13E 1958, the Weapons of Mass Destruction (Prevention and Proliferation) Act 1995 and the supply*** of defence and dual-use technology is restricted under the Defence Trade Controls Act 2012 (DTCA).
Australian Autonomous Sanctions are also intrinsically linked to the DSGL and these export trade controls laws.
*Technology is defined as specific information about the development, design, production or sometimes “use” of a DSGL item.
**Export is defined as the tangible transfer of DSGL items from Australia to overseas (e.g. equipment listed on the DSGL) but also includes DSGL “technology” transferred in a tangible manner (e.g. technology about stored on a device such as a USB or laptop or on paper).
***Supply is defined as the intangible transfer of DSGL “technology” from Australia to overseas by electronic format (e.g. emails containing controlled technology; or sending access codes overseas).
|Customs Act 1901||Regulates the export of tangible goods and technology subject to control|
|Defence Trade Controls ACT 2012||Regulates the intangible supply and brokering of goods and technology subject to control|
|Defence and Strategic Goods List (DSGL)||Australia's list of regulated goods and technology which require a permit or license before exportation|
The following pages provides detailed information on this topic:
Do I need a Defence Export Controls permit?
You can establish if you’ll need a permit to export, supply, publish or broker controlled goods, software or technology, using the DSGL online tool and checking with the Griffith University Export Controls and Security Manager email@example.com.
Applying for a permit
Griffith University is a registered client with the Australian Department of Defence under Defence Export Control ( DEC ) for the purpose of applying for permission or a licence to export tangible goods or supply intangible items listed on the DSGL . If the online DSGL tool indicates your intended export or supply may be controlled, please contact the Griffith University Export Controls and Security Manager firstname.lastname@example.org. The Office for Research will assist you with your application and submit the form to DEC.
Export controls in other countries
Many countries have their own stringent controls in place for the import and export of controlled goods and technology. In addition to checking if you need a permit to export from Australia, you also need to check whether there are permit requirements in the countries you intend to enter and depart. Where possible, speak to your international collaborators to seek the relevant information.
Below are some links to international requirements:
Tools and resources
Additional information about the Defence Trade Controls Act 2012 and the supply of export controlled goods and technology can be found at the Defence Export Controls website. There is also training and assistance available by contacting the Griffith University Export Controls and Security Manager email@example.com.
The website contains tools allowing assessment of tangible and intangible goods.
- Online DSGL Tool
- Defence Export Controls Awareness Training
- Frequently asked Questions about supply, publication and brokering
The US Department of Health and Human Services NIH has guidance material on Dual Use Research of Concern:
- Report: Dual Use Research of Concern