Export Controls & Defence Trade Controls Act

The Foreign Influence Transparency Scheme Act 2018 (FITS Act 2018) intends to make transparent the influence of foreign governments or political organisations where it occurs outside of easily recognised channels (additional information can be found at the University's Legal & Risk website).

The FITS Act 2018 requires a person to register within 14 days of undertaking a registrable activity where that activity is undertaken on behalf of a foreign principal (including foreign individuals/entity). A foreign principal means:

• A foreign government or political organisation.
• A foreign government related entity: an entity related to a foreign principal that is a foreign government or a foreign political organisation.
• A foreign government related individual: an individual that is not an Australian citizen or an Australian permanent resident, and a foreign government, foreign government-related entity or foreign political organisation is able to exercise total or substantial control over the individual.

To ensure the University meets its mandatory obligations relating to:

1. Sanctions
2. Foreign Influence Transparency Scheme (FITS)
3. Defence Trade Controls

University staff members engaging in activities with a foreign principal are required to complete the relevant sections of the online Foreign Engagement Registration & Compliance Review form to receive advice on any further steps that may be required.

The export of defence and dual-use goods is restricted under the following legislation:

• Customs Act 1901
• Customs (Prohibited Exports) Regulation 13E 1958
• Weapons of Mass Destruction (Prevention and Proliferation) Act 1995
• Defence Trade Controls Act 2012 (DTCA)

Export control laws regulate the export from Australia to a place outside Australia of certain defence and strategic goods and technology. Such exports include the transmission of certain controlled information.

Defence Export Controls (DEC) [Department of Defence] is responsible to the Minister for Defence for regulating the export of defence and dual-use goods as part of Australia's system of export controls. The Minister for Defence is authorised to grant a licence or permission to export goods and technology listed in the Defence and Strategic Goods List (DSGL).

The DSGL is a legislative instrument that is a compilation of military and dual‐use goods and technology that Australia controls for export as a member of international counter‐proliferation regimes. Goods and technology included in the DSGL are restricted under the Customs Act 1901 and the Weapons of Mass Destruction (Prevention and Proliferation) Act 1995 and may not be exported from Australia unless a licence or permission has been granted by the Minister for Defence.

Information is available on the DEC web site to assist in understanding the legislation and assessment process established for managing controlled goods and technology.