New AUKUS-Related Defence Export Controls for Australia

Published

Mar 28 2024

Written By

I am an experienced litigation and investigations lawyer based in Sydney, leading Bird & Bird's Australian disputes and investigations practice and co-leading our global Defence and Security practice.

Kate Morton

Special Counsel
Australia

As a Special Counsel in our Tech & Comms, Commercial and Corporate Groups in Sydney, I advise our leading clients on a wide variety of technology, communications and IP law issues, where my experience as a software engineer and consultant gives me additional practical insight.

Henry Wrench

Senior Associate
Australia

I am a senior associate in the Dispute Resolution team at Bird & Bird specialising in commercial, corporate, contractual and insolvency litigation.

Practices

A number of proposed amendments to Australia’s defence industry legislation are currently progressing through Australia’s parliament related to the AUKUS program. A critical issue faced by businesses operating in the defence sector is the difficulties in sharing technology and information given each of the AUKUS parties’ respective defence export control regimes. Australia has taken the first step to make it easier for the AUKUS partners to co-operate in this regard.

On 27 March 2024, the Defence Trade Controls Amendment Bill 2024 (the Bill) passed both houses of Australia’s Parliament. The Bill amends the Defence Trade Controls Act 2012 (Cth) (the Act) – which is Australia’s equivalent to ITAR in the US. The amendments implement changes to the Act to:

regulate the supply of certain military and dual-use goods and technology on the Defence and Strategic Goods List 2021 (DSGL) from Australia to certain foreign persons both within and outside of Australia (the DSGL is made up of part 1 military goods and technology, and part 2 dual use goods and technology);
regulate the provision of services in relation to DSGL part 1 military goods or technology to foreign persons or entities; and

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