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New requirements for your research may apply if you intend to transfer certain technologies and information outside Australia.
The Defence Trade Control Act 2012 (DTCA) and recent Amendment Bill (2015) regulates items identified as defence and dual-use goods, software and technologies when they are supplied, brokered or published.
It is important to become familiar with Australia's defence related legislation as criminal penalties apply to individuals who transfer controlled items out of Australia without a permit. This information is particularly relevant if you are collaborating with others outside Australia for your research.
The Defence and Strategic Goods List (DSGL) is a compilation of military technologies and commercial goods and technologies that are now regulated due to their ability to contribute to the development of military weaponry. The DSGL has two parts:
You are advised to review the online self-assessment tool developed by the Defence Export Control Office (DECO) to assist you in establishing whether your activities might be controlled and require a permit. A permit is required when exporting, supplying, brokering or publishing DSGL items.
Controls on 'intangible' transfers (by email, fax or other types of electronic transfers) do not apply to information already 'in the public domain' or to 'basic scientific research'. These phrases are defined in the Definition of Terms section for the DSGL as:
You do not need a permit to publish dual-use DSGL technology. However, the Minister for Defence may issue a notice prohibiting a person from publishing dual-use DSGL technology if the publication would prejudice Australia's security or international obligations. It is an offence for any person to knowingly contravene such a notice.
The Defence Export Control Office (DECO) has developed an online DSGL self-assessment tool to assist you to establish whether or not you will require a permit to export, supply, publish or broker controlled goods, software or technology. The tool has two parts: an Activity Questionnaire and the DSGL Search function, both of which are accessible at https://dsgl.defence.gov.au/pages/home.aspx<
Note that all applications for permits must be submitted via Research Services. Research Services staff are available to assist you with self-assessments.
In addition to the online self-assessment tool mentioned above, DECO provides online Defence Export Controls Training. This is accessible at http://www.defence.gov.au/deco/Training.asp
Please note that individuals affiliated with Federation University Australia should NOT apply directly to DECO for permits. DECO has requested that universities submit all permit requests via an institutional 'client' registration number. Individuals wishing to apply must contact Research Services.
A different but overlapping area of Commonwealth regulation is Sanctions. Sanctions are measures not involving the use of armed force that are imposed in situations of international concern, including the grave repression of human rights, the proliferation of weapons of mass destruction or their means of delivery, or armed conflict. Sanctions impose restrictions on activities that relate to particular countries, goods and services, or persons and entities. Australian sanction laws implement United Nations Security Council (UNSC) sanctions regimes and Australian Autonomous Sanctions regimes.
Sanctions may be relevant to presentations at conferences in sanctioned countries, to research collaborations with citizens from sanctioned countries in prohibited areas, to the provision of technical advice, assistance or training in sanctioned goods or technologies, and to the supervision of research students in areas of study that risk breaching sanctions.
More information on sanctions is available on the Department of Foreign Affairs sanctions page: http://dfat.gov.au/international-relations/security/sanctions/pages/sanctions.aspx
For further information, please contact:
Research Integrity Officer