It is important to be aware of the requirements under the legislation (including conditions on a permit/licence), any exceptions / exemptions and the penalties, which may apply for not meeting those requirements before undertaking any controlled activities. If there is a suspicion of non-compliance, a voluntary disclosure must be made.

Australia has a criminal penalty scheme and penalties are based on the legislation that has been contravened. A breach of a permit can result in severe penalties such as issuance of infringements through to criminal prosecution and imprisonment. 

Defence Export Controls continues to engage with regulated entities to inform and support their understanding of their obligations and remain compliant for the transfer of Defence and Strategic List (DSGL) goods, technology or provision of certain DSGL services.

Customs Act breaches

Under the Customs Act 1901 (Customs Act), it is an offence to unlawfully export goods listed in the DSGL, and to export goods not listed in the DSGL that may be of military end use (MEU) and (section 112BA of the Customs Act) which are subject to a prohibition notice.

Maximum penalties under the Customs Act are imprisonment of up to 10 years or a fine not exceeding 2,500 penalty units ($825,000) or both for exporting DSGL goods without a permit, and for exporting goods in contravention of an MEU prohibition notice.

For further information on where applicable penalties may apply, refer to the Customs Act 1901 and Customs (Prohibited Exports) Regulations 1958.

Defence Trade Controls Act breaches

Under the Defence Trade Controls Act 2012 (DTC Act 2012) it is an offence to supply, publish and broker goods listed in the DSGL without a valid permit or in contravention of a permit condition or a prohibition notice.

Maximum penalties under the Defence Trade Controls Act 2012 are imprisonment of up to 10 years or a fine not exceeding 2,500 penalty units ($825,000) or both for supplying DSGL technology without a relevant permit. 

The Defence Trade Controls Act 2012 creates offences and penalties for the following activities.

  • Intangible supply of DSGL technology (both within and outside of Australia) without a permit unless exceptions or exemptions apply or in contravention of a condition on the permit.
  • Intangible supplying DSGL technology in contravention of a prohibition notice.
  • Supply of DSGL technology in Australia to a foreign person where exceptions do not apply.
  • Certain Supplies of DSGL goods or technology from outside of Australia where exceptions do not apply.
  • Provision of DSGL services outside Australia where exception do not apply.
  • Publishing technology listed in Part 1 of the DSGL without a permit unless exceptions or exemptions apply or in contravention of a condition on the permit.
  • Brokering goods or technology listed in Part 1 of the DSGL without a permit or in contravention of a permit condition.
  • Brokering goods or technology listed in Part 2 of the DSGL without a permit or in contravention of a permit condition, where the broker knows, is reckless or negligent as to whether the goods or technology may be for a military end-use or Weapons of Mass Destruction (WMD) program.
  • Brokering DSGL technology in contravention of a notice or a condition specified in a notice.

Weapons of Mass Destruction Act breaches

Under the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 (WMD Act), it is an offence to engage in the following actions without a permit or in contravention of a permit condition.

  • Supplying goods which the person believes or suspects, on reasonable grounds, will or may be used in a WMD program.
  • Exporting uncontrolled goods which the person believes or suspects, on reasonable grounds, will or may be used in a WMD program.
  • Providing services which the person believes or suspects will or may assist a WMD program.
  • Supplying or exporting goods or providing services in contravention of a prohibition notice or a condition specified in a prohibition notice.

Those prosecuted face imprisonment for up to 8 years or a court-imposed fine. 

Non-compliance relating to sanctions

Please note that an export may be subject to United Nations Security Council or Australian Autonomous Sanctions. More information on sanctions, including non-compliance with sanctions, is available on the Department of Foreign Affairs and Trade website.

Criminal Code Act

Under section 136.1 of the Criminal Code Act 1995, any person who makes a false or misleading statement in an application for a permit or certificate. Penalties are set out in the Criminal Code Act 1995.