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Supply of Export Controlled Goods and Technologies

Supply occurs when a 'person' in Australia provides technology included on the Defence and Strategic Goods List (DSGL) - 'DSGL technology' - to another person outside of Australia. Examples include supply via email or fax, or by providing someone outside of Australia with passwords to access controlled technology stored electronically.

It is very important to note that the controls only apply if a person is supplying or publishing controlled technology. It is essential to remember that technologies in the DSGL are only controlled in quite limited circumstances. Technology is not controlled if it is already in the public domain or part of basic scientific research. Most importantly, technology is only controlled if it meets the high threshold of being that very specific technology that is particularly responsible for achieving or extending controlled performance levels, characteristics or functions.

Providing DSGL technology from Australia to a place outside of Australia is controlled, even if you believe the recipient already has knowledge of the controlled information being provided. The supply of DSGL technology to the recipient will require a permit unless exceptions apply.

Controls do not apply to the supply of DSGL technology wholly within Australia, or wholly outside of Australia. An exception applies to the supply of DSGL technology made orally in some circumstances.

Supply must occur between one person (or in other words, a legal entity) and another person. For example, an employee of 'Company A' located in Australia, emails DSGL technology to an employee of the same 'Company A' who is located overseas. The email is in the course of their duties as employees of the company. A permit would not be required because the supply is occurring within the same legal entity.