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Review of the Defence Trade Controls Act 2012

The Minister has announced the appointment of Dr Vivienne Thom AM to conduct an independent review of the Defence Trade Controls Act 2012 (Cth), which will be guided by the Terms of Reference.

Dr Thom will conduct consultation through a public submission process and individual consultations where required. Stakeholders can provide submissions to Dr Thom by email to dtcact.review@defence.gov.au

Overview

The Defence Trade Controls Act introduced offences which commenced operation on 2 April 2016 for the unauthorised supply, and in certain instances publication, of defence technology, and for the brokering of defence goods and technology without a permit. The Act also provided for a review of its operation to begin as soon as possible after 2 April 2018.

The review will include an assessment of whether the Act is fit for purpose, particularly whether it adequately safeguards national defence capability and prevents trade and collaboration that could unwittingly advance the military capabilities of potential adversaries. The Review will also identify gaps in the Act’s controls, any unintended consequences arising from the Act, such as unnecessary regulatory burden, and other relevant matters.

Consultation

Interested parties are invited to submit written comment during the consultation period. The closing date for submissions is 31 May 2018.

While submissions may be made electronically or by post, electronic lodgement is preferred.

Submissions will be published on this website as they are received. Comments on submissions can be made to Dr Thom by email to dtcact.review@defence.gov.au

All information (including name and address details) contained in submissions will be uploaded to this website and publicly available, unless you indicate you would like all or part of your submission to remain in confidence. Automatically generated confidentiality statements in emails do not suffice for this purpose. Respondents who would like all or part of their submission to remain in confidence should provide this information marked as such in a separate attachment. The Secretariat may edit submissions before publishing where they contain offensive material.

The Department is required to comply with the Freedom of Information Act 1982 (FOI Act) and any submissions provided for the review may be the subject of an FOI request. The FOI Act includes various exemptions for disclosing information, including where material was provided in confidence or where it constitutes personal information. All requests for access to submissions will be handled in accordance with the FOI Act.

Privacy

The Department of Defence is committed to protecting your privacy. Defence has obligations under the Privacy Act 1988 (Cth) (the Privacy Act) which govern how we collect, use, disclose and hold personal information.

Defence is collecting the personal information you provide in submissions for the purpose of reviewing the Defence Trade Controls Act 2012 (DTC Act). The personal information contained in your submission may be provided to the Reviewer, the Minister for Defence, the Minister for Defence Industry, Ministers within the Industry, Innovation and Science portfolio, Australia’s Chief Scientist, or relevant Australian Government agencies including the Department of Industry, Innovation and Science, and the Department of Foreign Affairs and Trade for the purposes of undertaking the review of the DTC Act. Unless you expressly indicate otherwise, your submissions will be published on this website. Your name may be used to attribute authorship of your submission unless you indicate you wish to remain anonymous, in which case your name will not be published or otherwise disclosed to the public. Your contact details may be used to enable Defence or the Reviewer to contact you regarding your submission. You may also be contacted in future to provide you with the opportunity to participate in other reviews of Australia’s export controls.

Defence will not disclose your personal information beyond these circumstances unless you have provided consent or Defence is authorised to do so by law.

The Defence Privacy Policy contains information on how you may request access to your personal information held by Defence and seek correction of such information. The Defence Privacy Policy also contains information on how to make a privacy complaint if you consider Defence may have breached the Australian Privacy Principles. A copy of the Defence Privacy Policy can be found at www.defence.gov.au. For more information, the Defence Privacy Officer can be contacted by email at defence.privacy@defence.gov.au. If you require further assistance please contact the DTC Act Review Secretariat by email at dtcact.review@defence.gov.au.

How to respond


Email
dtcact.review@defence.gov.au
Post
DTC Act Review Secretariat
R1-3-A003B
PO Box 7901
CANBERRA BC ACT 2600