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Strengthening Australia’s Defence Export Control Framework

The 2023 Defence Strategic Review made clear that Australia faces a deteriorating strategic environment. The Australian Government is committed to ensuring Australia’s defence export control framework keeps pace with the emerging challenges in Australia’s security environment.

The Government is also committed to enhancing defence trade with likeminded partners, including the United Kingdom (UK) and the United States (US). Through the AUKUS partnership, the Governments of Australia, the UK and the US are working to reform respective defence export control frameworks to streamline the flow of defence trade between the AUKUS partners.

These proposed reforms would create an export licence-free environment to support industry, higher education and research sectors in all 3 countries, including by reducing barriers to technology transfer and costs of trade. The reforms are designed to promote cooperation, collaboration and innovation between Australia, the UK and the US and are a critical step in building a seamless industrial base between AUKUS partners.

Consultation

The Australian Government is seeking stakeholder views on the Exposure Draft of the Defence Trade Controls Amendment Bill 2023 (the Bill).

This Bill would strengthen Australia’s defence export control framework, including by creating 3 new criminal offences in the Defence Trade Controls Act 2012 for the:

* supply of Defence and Strategic Goods List (DSGL) technology to a foreign person within Australia

* supply of DSGL goods and technology, that were previously exported or supplied from Australia, from one foreign country to another foreign country, or to a foreign person within the same foreign country

* provision of DSGL services.

The Bill would also provide a national exemption to the UK and the US from Australia’s export control permit requirements under the Defence Trade Controls Act 2012.

The Australian Government is considering additional exceptions to be included through the Defence Trade Controls Regulation 2013 and the DSGL.

The release of the Exposure Draft of the Bill is an opportunity to provide feedback on the proposed amendments prior to the Bill’s introduction to the Parliament.

Exposure Draft – Defence Trade Controls Amendment Bill (PDF, 392.01 KB)

Defence Trade Controls Amendment Bill 2023 Exposure Draft – Explanatory Memorandum (PDF, 992.79 KB)

Submission

Submissions for feedback can be made by referring to the submission guidance document and email to exportcontrol.reform@defence.gov.au.

Collection of personal information

Any personal information provided in submissions received will only be used for:

* contacting the submitter for clarification of details

* confirming submitter consent to the publication of information

* seeking submitter feedback on the consultation process.

Defence will not disclose personal information without consent, unless authorised or required by law. For further information, please read the Defence Privacy Policy.

Contacts

exportcontrol.reform@defence.gov.au

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