Information provided to DEC in an export application is handled in accordance with the Privacy Act 1988, the Freedom of Information Act 1982, and the Archives Act 1983.
Employees of Commonwealth agencies, including the Department of Defence, also have obligations and duties under the Public Service Act 1999 and Public Service Regulations 1999, the Crimes Act 1914, and the Public Governance, Performance and Accountability Act 2013, to treat your information in a secure and confidential manner.
We protect your information through a series of measures, including:
We adhere to the 'need to know' principle, where official information is only made available to Defence employees and contractors who need to use or access the information to do their work. To reduce the risk of unauthorised disclosure, we ensure that only those persons with a proven 'need to know' and an appropriate security clearance gain access to your information.
As part of our decision making processes, your information may be shared with other Australian government agencies, including, but not limited to:
Your information may also be disclosed as required or authorised by law: for example, in response to a court subpoena requiring the Department of Defence to produce certain documents, or where the information is reasonably necessary for a law enforcement activity.
We may provide information about proposed or past exports, as part of Australia's reporting and consultation obligations to our international regime partners. These disclosures would be in relation to specific technologies or transactions, and would be based upon national security concerns within Australia or impacting our international regime partners. We will not disclose your personal or business information beyond these circumstances without your consent, or unless authorised by law.
If you have any questions regarding our information handling and privacy procedures, please feel free to contact us on 1800 661 066 or via email.
A description of each of these review mechanisms follows.
The information below describes our measures to ensure procedural fairness is afforded when administering export control legislation.
The applicant lodges their application through the online Defence Export Control System. DEC acknowledges the receipt of the application and advises the applicant that target assessment timeframes are 15 working days for standard cases, and 35 working days for complex cases, although some cases may take longer.
When you lodge an application, we email you acknowledging receipt and advise indicative timeframes.
Our technical assessors determine whether the item is listed in the Defence and Strategic Goods List (DSGL), or if it may be subject to the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 (WMD Act) or the Military End-Use (MEU) provision of the Customs Act 1901.
Technical assessors may contact the applicant for further technical details to inform their assessment.
Our risk assessors consider if the application might meet any assessment criteria for refusal or prohibition. More complex or sensitive applications are referred to other areas across Government, to seek input from relevant subject matter experts and policy areas.
We will keep you informed if the indicative timeframes will not be met. If DEC reaches the preliminary view that a permit should not be granted, we will notify you. This notification will take the form of a letter that advises you of the unclassified aspects of the assessment. The letter will invite you to provide additional information to support your case. We will provide the technical assessment as an attachment to the letter.
The DEC executive team reviews all applications, and provides approval for most. Only the Minister for Defence can refuse or prohibit a case.
As stated above, if DEC reaches the preliminary view that a permit should not be granted, we will notify you and invite you to provide additional information to support your case. For application approvals, we will consult with you before imposing non-standard conditions.
We will send the outcome of the decision, including a copy of the permit, to you by email. If permits have conditions, permit holders must comply with these conditions.
If the Minister denies an application, you are provided with written notice of that decision setting out the unclassified reasons for the decision and your review rights.
Further information on the Government's export control policy is available on the Export Control Policy page of this website.
Other Australian Government agencies involved in the administration of export control legislation include the Australian Border Force, the Department of Foreign Affairs and Trade, the Department of Industry, law enforcement and intelligence agencies.