Defence Export Controls and Your Research

The Defence Export Controls (DEC) section within the Department of Defence is the Commonwealth regulator for the responsible movement of defence-related goods, technology and services both within and outside Australia. DEC supports stakeholders to meet their obligations under Australia’s export control laws, safeguards national interests and international obligations.

Recent updates to Australia’s Defence Export Control laws include the Defence Trade Controls Amendment Act 2024 and Defence Trade Legislation Amendment Regulations 2024 that took effect on 1st September 2024. They introduce two important changes to Australia’s defence export control framework:

  1. 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. However, pre-notifications are mandatory for the use of the licence-free environment.

  2. Creation of 3 new controls in the Defence Trade Controls Act 2012. Permits may be required for activities under these 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. 

DEC permits

ANU researchers wanting to export, supply, publish, or broker controlled goods or technology (listed on the Defence and Strategic Goods List 2024) may require an export permit from Defence.

Whether DEC apply to your research depends on:

  1. What Goods, Technology or Software you are working with, and
  2. What you are doing with it.

It is important to note that:

  • DEC applies to Goods, Technology and Software with potential military applications (called 'dual-use') even if they are not being researched or used for this purpose.
  • "Technology" also encompasses instructions, skills and training.
  • Export activities that require a permit include many activities common in academia.

Exemptions for Fundamental Research

Under the new legislation, permits are not required for export of DSGL goods and technology if they are used for fundamental research. Fundamental research is defined as basic or applied research where the results of the research:

(a) are intended for public disclosure, or would ordinarily be published or shared broadly; and

(b) are not subject to any restrictions on disclosure (however imposed) for purposes connected with the security or defence of Australia or any foreign country.

How to apply

The Department of Defence has introduced the My Australian Defence Exports (MADE) portal to manage the export permit requests. The MADE portal allows ANU researchers access to:

Registration as an authorised user on MADE

ANU researchers who wish to submit applications or use the self-assessment tool must register as an authorised user under the University’s Administrator account. For assistance with becoming an ANU authorised user, please contact the Research Compliance Office at dtca@anu.edu.au.

Self-Assessment Tool

The portal provides a ‘Self-Assessment Tool’ to help determine whether a permit is required to export, supply, publish or broker-controlled goods or technology. This tool offers a general overview of Australia’s export controls legislative framework. Researchers must note that it is the individual’s responsibility to understand the legal obligations and comply with Australia’s export control laws. 

Applications for permit

ANU researchers can submit their applications through the MADE portal once they are added as authorized users. It is essential that researchers use the University’s Defence Exports Control Client Reference Number (DCRN) when completing their submissions, to ensure the University remains the responsible entity for these permits. Access to the University’s DCRN will be granted once you are added as an authorised user. 

Before submitting the export permit application on the MADE portal, authorised users must provide end-user/consignee details to the Research Compliance Office. The Research Compliance Office will add these details to the portal and may conduct due diligence as appropriate.

Additional Information:

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