Once 'DSGL technology' is in the public domain, it is no longer possible to control who has access to it. Publishing DSGL provide potential adversaries with sensitive and potentially dangerous information. Once published, there is limited prospect of regulating that information in Australia, or elsewhere in the world
Publication controls only apply to Part 1 (Military) DSGL technology. The publication of Part 2 (Dual-Use List) DSGL technology is not regulated; no approval is required from Defence.
Based on Defence’s work with universities, it has been determined that it is highly unlikely that publications of military technology will meet the very specific control thresholds to be listed in the DSGL . However, if you believe your publication will likely contain controlled Part 1 (military) DSGL technology, you should use the Online DSGL Tool to determine if the Defence Trade Controls Act 2012 applies to your activity and the technology is listed in the DSGL . If you are still unsure, you should contact the compliance area within your organisation (if applicable) or Defence Export Controls.
For some activities it can be difficult to determine whether it is a 'supply' or publication. To determine the difference, you should ask "Will the 'DSGL technology' be made available in the public domain?". Being in the public domain means anyone has the opportunity to access the technology.
If DSGL technology is being placed in the public domain, for example via a journal, website or webcasts, and there are no access restrictions then it is a publication. Having to pay to view the information is not an access restriction.
If access to the DSGL technology is restricted to particular users or groups, it is a supply and would require a permit to allow access by people located overseas. Examples include a workshop where only members from a select organisation or group can access the controlled technology, for example with a username and password (for example, members of a project team, group or association).
The Minister for Defence or an authorised delegate may issue an approval if they are satisfied that the activity would not prejudice the security, defence or international relations of Australia. Your application will be assessed using the criteria listed in Section 8 of the Defence Trade Controls Regulation 2013.
Only the Minister for Defence can refuse an application to publish Part 1 (Munitions List) 'DSGL technology' if the Minister has reason to believe that the publication would prejudice the security, defence or international relations of Australia. A denial of a permit will only occur after extensive consultation with the applicant and other government agencies has taken place. If an application is refused, the Minister will notify you of the decision and provide the reasons for doing so, unless the Minister has reason to believe that the disclosure of the reasons would prejudice the security, defence or international relations of Australia.
Yes, the Minister for Defence may revoke an approval if she or he has reason to believe that any publication covered by the approval would prejudice the security, defence or international relations of Australia. A decision to revoke a permit will usually be made, except in very extraordinary circumstances, after consultation with the permit holder and other government agencies. If your permit is revoked, the Minister must give reasons for revoking the permit unless the disclosure of the reasons for the revocation will prejudice the security, defence or international relations of Australia.
If Defence discovers that DSGL technology has been published without a permit, it will take into account all factors surrounding the incident before it decides how to respond. Depending on the circumstances, Defence has a range of options including awareness raising, revocation of a permit through to referring the matter for consideration by the Australian Federal Police.
The maximum penalty for supplying DSGL technology without a permit is up to ten years imprisonment or 2500 penalty units (equating to a fine of $450,000) or both. The main offence provisions under the Defence Trade Controls Act 2012 come into force on 2 April 2016. The offence provisions can not be applied retrospectively.
We also have further information about establishing an internal compliance program which may be helpful.
Yes. Although you don’t require a permit to publish technology listed in Part 2 of the DSGL , the Minister does have the power to prohibit its publication if the Minister considers it would prejudice the security, defence or international relations of Australia. Any prohibition would only take place after extensive consultation with the person or organisation intending to publish and other government agencies. A notice to prohibit the publication of Part 2 DSGL technology CAN NOT be issued after the publication has taken place, and it is not an offence to publish such technology if a notice is not already in place.
This is an interim notice that temporarily prevents you from publishing Part 2 (Dual-Use List) 'DSGL technology' while the Minister for Defence considers whether there are grounds to prohibit the publication.
This notice is issued by the Secretary of Defence and will set out the reasons for giving the notice, unless the Secretary has reason to believe that disclosing the reasons would prejudice the security, defence or international relations of Australia. The interim notice is issued in circumstances where the Secretary considers that there may be grounds for the Minister for Defence to issue a prohibition notice.
The interim notice will cease to be in force when one of the following occurs:
- the Minister for Defence issues a prohibition notice;
- 90 days after the interim notice comes into force;
- the Secretary or their delegate revokes the notice.
It is an offence to publish Part 2 (Dual-Use List) DSGL technology knowing that an interim notice is in force.
Defence will consult with you in the first instance and then with other relevant stakeholders to assess whether the publication of Part 2 (Dual-Use List) 'DSGL technology' would prejudice the security, defence or international relations of Australia.
If there are insufficient grounds for issuing a prohibition, the interim notice will be revoked and you can publish the Part 2 (Dual-Use List) DSGL technology. If the preliminary finding is that the publication may prejudice the security, defence or international relations of Australia, then Defence will consult with the affected person and more broadly. For example, when the decision relates to university or research publications, Defence will consult relevant subject matter experts (e.g. the Chief Executive Officer or the National Health and Medical Research Council), and policy areas from relevant Government agencies, including the agencies responsible for industry science, education and research.
Defence will continue to consult with you during this process to discuss the proposed publication and provide you with opportunities to make submissions and provide additional information. Defence will update you on the progress of the decision making process.
The views expressed in this consultation will be included in the advice provided to the Minister. The Minister may also decide to consult directly with relevant Ministers, including the Minister(s) responsible for industry, science, education and research, before making a decision.
This is an interim notice that temporarily prevents you from publishing Part 2 (Dual-Use List) 'DSGL technology' while the Minister for Defence considers whether there are grounds to prohibit the publication.
This notice is issued by the Secretary of Defence and will set out the reasons for giving the notice, unless the Secretary has reason to believe that disclosing the reasons would prejudice the security, defence or international relations of Australia. The interim notice is issued in circumstances where the Secretary considers that there may be grounds for the Minister for Defence to issue a prohibition notice.
The interim notice will cease to be in force when one of the following occurs:
- the Minister for Defence issues a prohibition notice;
- 90 days after the interim notice comes into force;
- the Secretary or their delegate revokes the notice.
It is an offence to publish Part 2 (Dual-Use List) DSGL technology knowing that an interim notice is in force.
Yes, the Minister for Defence can revoke a prohibition notice.
Information on rights to review and Defence's privacy and information handling policy can be found on the Export Controls and Your Rights Page on this website.