Supply, publication and brokering

What is Supply?

Supply occurs when a 'person' (or in other words, a legal entity) in Australia provides Controlled (DSGL) Technology in a non-physical form to another person outside of Australia.

Supply can include email or fax, or providing someone outside of Australia with passwords to access controlled technology stored electronically.

If the supply of DSGL technology is from Australia to a place outside of Australia, the supply is controlled and will require a permit unless exceptions apply.

Exceptions
You do not require a permit if the supply is:

• a) a pre-publication activity, such as submitting an article to an overseas journal; or
• b) supply made orally in some circumstances; or
• c) made by, or made to, members of the following groups in the course of their official duties:
  • Australian Defence Force,
  • Australian Public Service employee,
  • Australian Federal Police,
  • State or Territory police,
  • Australian Security Intelligence Organisation employee, or
  • Australian Secret Intelligence Service employee

For more information on supply see Supply FAQs

What is Publication?

Publication is when Controlled (DSGL) Technology is made available to the public or to a section of the public via the internet or otherwise. Publication controls apply to anyone in Australia, or an Australian citizen or resident or Australian organisation located anywhere in the world.

The publication of Part 1 (Munitions List) DSGL technology is regulated and requires approval from the Defence Export Control Office (DECO) before publication can occur.

The publication of Part 2 (Dual-Use List) DSGL technology is not regulated; no approval is required from DECO. However, the Minister for Defence can prohibit the publication of Part 2 (Dual-Use List) DSGL technology if the Minister reasonably believes the publication would prejudice the security, defence or international relations of Australia.

Note: If access to the publication is restricted (i.e. the publication is not in the public domain) then the activity is considered to be supply. This can include where there are restrictions to certain users or groups that require login details and passwords to access the information.

For more information on publishing see Publication FAQs.

What is Brokering?

Brokering is when a person or organisation acts as an agent or intermediary in arranging the 'supply' of DSGL goods, software and technology between two places located outside of Australia. For the activity to be considered brokering, the ' person' must receive money or a non-cash benefit or advance their political, religious or ideological cause for arranging the ' supply'.

For more information on brokering see Brokering FAQs.