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Update: Key Legislative Changes and Commencement
- ECAG
- Jul 26, 2024
- 3 min read
We are pleased to inform our members of important legislative updates from Defence.
The Defence Trade Controls Amendment Commencement Proclamation 2024 was signed by the Governor General at the Executive Council meeting on 18 July 2024. Additionally, the Defence Trade Legislation Amendment Regulations 2024 were enacted by the Governor General at the same meeting.
The commencement of the of the legislation has been brought forward from the original anticipated commencement date. Ultimately this means the commencement date of the enforcement of criminal offences has also been brought forward, see below for the new dates and updates.
Key Updates:
Both the DTC Amendment Act and the DTL Amendment Regulations will commence on 1st September 2024, which has been brough forward from the original date in late September. Ultimately bringing forward the effective date of the newly introduced offences to the 1st of March 2025.
Defence is also working closely with the Office of Parliamentary Counsel to prepare future law compilations. These compilations will incorporate the latest amendments to the Defence Trade Controls Act 2012, Defence Trade Controls Regulation 2013, and Customs (Prohibited Exports) Regulations 1958. Defence anticipate having these available late July and will be accessible on the Defence website.
Advice from Defence regarding Self-Assessment Tool
Q: Will the Self-Assessment Tool’s final assessment use the wording ‘may’ [not need a permit] and therefore, not be decisive or will this language change?
A: The Self-Assessment Tool is only intended to provide guidance to users navigating Australia’s export controls legislative framework. It is not intended to provide legal advice or a determination by the DEC as to whether or not a person requires a permit for a particular activity. Ultimately, it is the responsibility of applicants to understand their legal obligations and how the law applies to their particular circumstances, not solely relying on the self-assessment tool guidance.
Q: From a due-diligence perspective, does the self-assessment tool get recorded?
A:
Yes, the Self-Assessment Tool functionality records results for users.
Self-Assessment results can be accessed from My Applications -> Self-Assessment -> Assessed.
Users can view Assessment Outcomes and Self-Assessment Summary (questions and answers).
Clarification Questions Register
ECAG are creating a Q&A for its members on the new legislation along with a workshop in late August. Please submit your questions below and we will begin to build a database for our members.
So far we have had the below questions:
Does the same approach applies to the DSGL Services requirements under section 10C. Specifically, we seek confirmation that an Australian citizen employed by a foreign company is considered a foreign person and therefore exempt from the section 10C permit requirements.
What is required for Customs Brokers operating with defence companies.
Where an Australian entity supplies ML technology to a non-AUKUS entity, does the non-AUKUS entity need to apply to the Australian Government to export that technology back to a UK or US entity?
Send through to our admin@ecag.com.au or submit anonymously through the FAQ page.
Staying Updated and Adapting to New Laws:
The landscape of trade controls is continuously evolving, and the recent legislative amendments are part of a broader effort to enhance national security and ensure Australia meets its international obligations.
As best practices develop from the new laws, ECAG will stay up to date through continuous engagement with regulatory bodies, regular briefing sessions, and updates to our members.
Staying informed and engaged with these changes is crucial for maintaining compliance and mitigating risks.
We are here to assist you with understanding these changes to ensure you are able to support your business or institution.
Best regards,
The Export Controls Australia Group (ECAG)
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