Tangible and intangible exports

Export of Tangible Goods

Under the Customs Act 1901, tangible goods included in the DSGL may not be exported from Australia unless a permit has been granted by the Minister for Defence, or an authorised person, and that permit is produced to a Collector of Customs before exportation.

UniSA is registered as a client with the Australian Department of Defence under the Defence Export Control System (DECS) for the purpose of applying for a permit to export tangible goods on the DSGL.

UniSA staff intending to export goods that may be on the DSGL should, in the first instance, consult with the UniSA Research Office.

Export of Intangible Goods

The amended Defence Trade Controls Act 2012 (DTCA) has introduced new strengthened export controls to regulate the:

Examples of intangible supply are email, fax, telephone, video conferencing, providing access to electronic files, or presentations that contain DSGL technology.

The following table summarises the restrictions that apply to the intangible supply, brokering or publishing of controlled technology.

  Controlled military technology
(Part 1 DSGL)
Controlled dual-use technology
(Part 2 DSGL)
Supply Permit required Permit required 
Exceptions for e.g. most verbal supply and pre-publication supply
Publishing Approval by Minister for Defence 
(or delegate) required
No approval required*
Brokering Permit required No permit required 
(unless for a WMD or military end-use)*

* In specific cases the Minister for Defence may issue a notice to prohibit a dual-use publication or brokering activity if they reasonably believe that it would prejudice Australia's security or international obligations.

Permits are required for each of the activities indicated.

Offence provisions include penalties of up to $425,000 or imprisonment for 10 years, or both. However, a person who mistakenly supplies, brokers or publishes controlled technology after following institutional compliance processes would unlikely be prosecuted.

Undertake a Self-Assessment
to determine whether a permit is required for your research activities